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Filed: Other Timeline
Posted

I have filed a petition for my fiancé on a K-1 Fiancé Visa and it was approved. My fiancé' has his interview on May 20, 2011. I have already sent him a whole notebook of information to take with him, including a bank statement, letter and 12 months of deposits, but after reading a comment left by someone just today, I have a few questions and if anyone can help me, it would be greatly appreciated. My fiancé is in Nigeria. I am in the States. Currently I am not employed and have filed for disability due to an injury. My mom who is also disabled, but has no bills, rent, etc. to pay every month out of her disability check, she took the responsibility to be my fiancé’s co-sponsor. The twelve-month bank statement proves that makes enough to provide for all of us, so I thought that would work out great, but now I am hearing that for a K-1 Fiancé Visa, they will NOT accept a co-sponsor. Does anyone know that to be true? Also, if she makes enough, as long as she can provide, does it really matter where the “income” comes from, since it doesn’t come from an actual employer? I mean I am sure there are other disabled people in this world that need love just as much as anyone else, why can’t I have my fiancé just because I am disabled? I am really scared this is going to be difficult #1 for my fiancé to prove and #2 for Immigration to accept, since it is my mom and not me, when he is MY fiancé and not hers. Does anyone have any thoughts or facts on this issue? Please help, ASAP, so I will know how to prepare him. God bless you! :(:help:

Posted

I have filed a petition for my fiancé on a K-1 Fiancé Visa and it was approved. My fiancé' has his interview on May 20, 2011. I have already sent him a whole notebook of information to take with him, including a bank statement, letter and 12 months of deposits, but after reading a comment left by someone just today, I have a few questions and if anyone can help me, it would be greatly appreciated. My fiancé is in Nigeria. I am in the States. Currently I am not employed and have filed for disability due to an injury. My mom who is also disabled, but has no bills, rent, etc. to pay every month out of her disability check, she took the responsibility to be my fiancé’s co-sponsor. The twelve-month bank statement proves that makes enough to provide for all of us, so I thought that would work out great, but now I am hearing that for a K-1 Fiancé Visa, they will NOT accept a co-sponsor. Does anyone know that to be true? Also, if she makes enough, as long as she can provide, does it really matter where the “income” comes from, since it doesn’t come from an actual employer? I mean I am sure there are other disabled people in this world that need love just as much as anyone else, why can’t I have my fiancé just because I am disabled? I am really scared this is going to be difficult #1 for my fiancé to prove and #2 for Immigration to accept, since it is my mom and not me, when he is MY fiancé and not hers. Does anyone have any thoughts or facts on this issue? Please help, ASAP, so I will know how to prepare him. God bless you! :(:help:

Hello,

The decision whether to accept a co-sponsor is very much consulate specific. My advice would be to click on "Portals" at the top of the page in order to find posts and members with Nigerian beneficiaries, specifically. You could ask members who have gone through the process but are still active whether co-sponsors are permitted (accepted) at Lagos, Nigeria. It is also a matter of the sustainability of the income -can it be proved that the disability income is likely to continue? Unfortunately, as far as USCIS is concerned, love is irrelevant, but the issue is about having a guarantee that the immigrant will not impose a financial burden on the US government.

Best wishes! (F)

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Aztec is correct. The issue is whether there's a risk the intending immigrant will become a public charge. Disabled persons are not singled out in any way. Every sponsor with a low or borderline income poses an equal risk that they will not be able to perform as a financial backstop, and prevent the intending immigrant from becoming a burden on the taxpayers. There is no separate threshold for disabled persons to meet, nor anywhere on the affidavit of support where you're required to indicate that you're disabled, so there's no way the requirement is biased against disabled persons. If there's a valid claim for bias then it's that the requirement is unfairly biased against poor people, which is certainly true. The response by the taxpayers, and the US government on their behalf, is that there are already plenty of poor people in the US who need help from the government to survive, and it's not in the best interests of the taxpayers to import more of them.

With this last point in mind, the consular officer will also take into account the potential earning ability of the intending immigrant. In fact, they're required to evaluate this before they consider the affidavit of support. When a sponsor is barely qualified to submit a sufficient affidavit of support then the consular officer is going to give preference to an intending immigrant who is young, healthy, educated, and experienced. On the other hand, a barely qualified sponsor combined with an intending immigrant who is elderly and disabled is almost sure to be denied.

Generally speaking, a consular officer is not overly concerned about where the support money comes from, except that there are a few points about this they are required to consider. First, is the income likely to continue at the current level or above for the foreseeable future? Second, is the sponsor's income already classified as a means tested benefit? On this second point, disability income from SSDI would generally be considered qualifying income for an affidavit of support, while income from SSI would not.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Other Timeline
Posted

Hello,

The decision whether to accept a co-sponsor is very much consulate specific. My advice would be to click on "Portals" at the top of the page in order to find posts and members with Nigerian beneficiaries, specifically. You could ask members who have gone through the process but are still active whether co-sponsors are permitted (accepted) at Lagos, Nigeria. It is also a matter of the sustainability of the income -can it be proved that the disability income is likely to continue? Unfortunately, as far as USCIS is concerned, love is irrelevant, but the issue is about having a guarantee that the immigrant will not impose a financial burden on the US government.

Best wishes! (F)

Thankyou!

Filed: Other Timeline
Posted

Thank you everyone for assistance and replies, it is greatly appreciated and understand. I know ultimately it is up to God, because we are trusting in Him, but you all have helped me so much. Now can can go and give my fiance' some instruction and insight before his interview. Wish us luck and thankyou again! :thumbs:

Filed: K-1 Visa Country: Wales
Timeline
Posted

A Disability check would be enough for 3?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

Um, yes, when you don't have any bills to pay, car notes or rent/morgage to pay.

None of that has anything to do with the AoS.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Nigeria
Timeline
Posted

I do not know the answer to your question but goodluck with this phase. I hope it works out for you both.

May your VJ be a fruitful one! Dad petition for Nne Visa type: Family Based 2APD - Jan 27, 20071st interview..12/14/2010Appointment for DNA Collection in Nig..March 30,2011VISA GRANTED!!!!!!!!! No questions...May 23rd, 2011Mom petition for DuumVisa type: Family Based 2BPD...............May 21, 2005Approval notice..June 10, 2009Received Choice of Agent.........October 15, 2010Mailed CoA to NVC................Dec 17, 2010IV bill generated................Jan 04, 2011IV bill & AOS bill rec'd & paid..Jan 10, 2011AOS mailed to NVC................Jan 14, 2011IV packet mailed to NVC..........Feb 01, 2011IV packet received by NVC........Feb 14, 2011Case completed at NVC............Feb 23rd, 2011Interview...................................June 14, 2013 DNA sample collection for July 8Visa approval upon receipt of DNA result.. Now in the USA! (Sept, 2013)<p>Dad petition for ZeeVisa type: Family Based 2B - Upgraded to F1 12/2011PD...............Jan 27,2007 Approval notice..Aug 06, 2009, Rec'd COA & AOS request 12/16/2011 3/14/2014 interview.. visa granted! Dad for Kay FB2 - Upgraded to F1 12/2011 PD..........March 28, 2008Approval notice........Oct 27, 2009, Interview for 01/21/2016. Visa granted! no DNA requested!

 
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