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Filed: Country: Cameroon
Timeline
Posted (edited)

I'm confused about the income requirements to sponsor my fiance. I have heard that I have to make 100% of the poverty guidelines to sponsor him for his initial entry, then 125% after we get married and file to change his status. I can't find anything to confirm this on the US Immigration website. Is this right? It makes a big difference because I meet the requirements for 100% but not 125%.

Edited by Liz_D
Filed: Country: Cameroon
Timeline
Posted

That might seem like a stupid question but I don't want to take anything for granted. Assuming I still have my current job, I will make enough to sponsor my fiance here if I just have to meet 100% of the poverty guidelines. I do not make enough to meet 125% of the guidelines, so we would have a problem when we tried to adjust his status. If he arrives, then I start working a second job to make up the shortfall, can I combine those 2 incomes to meet the requirement? If I have only had sufficient income for a short time, will that cause us to be denied?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Quite a few embassys look for 125% not 100% unless you are military. Check your specific embassy.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Posted

You need 125% unless you are in the military. A second job is a good way to make up the difference. Best start now to have some longevity by the time you need it.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

Posted

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Embassys use the 125% to poverty guidelines. I have yet to see an Embassy only require 100% of peverty level income unless petitioner is active military.

If you are close in income I recommend getting a 2nd job QUICKLY or searching for a co-sponsor (although some Embassys do not accept co-sponsors).

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

That might seem like a stupid question but I don't want to take anything for granted. Assuming I still have my current job, I will make enough to sponsor my fiance here if I just have to meet 100% of the poverty guidelines. I do not make enough to meet 125% of the guidelines, so we would have a problem when we tried to adjust his status. If he arrives, then I start working a second job to make up the shortfall, can I combine those 2 incomes to meet the requirement? If I have only had sufficient income for a short time, will that cause us to be denied?

You have no timeline posted, so I don't know how are along in the process you are, but if you've already filed your I-129F - you'll be denied at the interview stage with <125% of the poverty guidelines.

You need to either get a second job RIGHT NOW to prove ongoing sufficient income or you need to hunt for a co-sponsor (assuming your Embassy wil accept one). The 125% is not just for AOS, it is for K-1 approval as well.

Off topic just a bit... You DO know that AOS costs $1070 and that needs to be paid to USCIS BEFORE your spouse can begin to work and bing in extra income? I would definitely get started either searching for a better paying job or get a 2nd one. You'll need the income to get your AOS, but you'll also have many more living expenses when your fiance arrives.

Just my .02

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** 2 topics on the same issue combined. You will get better answers if you give all info/ ask all questions in one thread so VJers can answer knowing all the facts *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

That might seem like a stupid question but I don't want to take anything for granted. Assuming I still have my current job, I will make enough to sponsor my fiance here if I just have to meet 100% of the poverty guidelines. I do not make enough to meet 125% of the guidelines, so we would have a problem when we tried to adjust his status. If he arrives, then I start working a second job to make up the shortfall, can I combine those 2 incomes to meet the requirement? If I have only had sufficient income for a short time, will that cause us to be denied?

There ARE NO guideline for the visa, which is why you have not read it anywhere. It is entirely up to the consulate to determine by whatever means they decide to use. It is not the same for each consulate and not the same for each case. Most use 125% as the rule because you will have to meet that for the AOS. I would not be comfortable without a co-sponsor if you make less than 125% of poverty guidelines.

Yes, you can combine incomes from more than one job, now or later.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Country: Cameroon
Timeline
Posted

By "my embassy" do you mean the one he will interview at for entry into the US or is it the adjustment of status I need to worry about? How do I find out if the nearest embassy accepts cosponsors? If one embassy doesn't, can we just go through an embassy that does?

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

By "my embassy" do you mean the one he will interview at for entry into the US or is it the adjustment of status I need to worry about? How do I find out if the nearest embassy accepts cosponsors? If one embassy doesn't, can we just go through an embassy that does?

Send an email to the consulate (it is not the "embassy") and ask them or ask in the regional forums. Google "US Consulate (country)" and check out their website. The email address for the visa section is there.

No you cannot change consulates and even if you could (such as if your fiancee was living in another country) then the rules of their home country would still apply.

If no co-sponsor is allowed, then the alternative would be to get married and file for a CR-1 visa. With the CR-1 you file the affidavit with the NVC, not th consulate and they always accept co-sponsors (joint sponsors)

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

I'm still confused. Which consulate am I supposed to check? He is from Cameroon and living in Korea. Do we need to check with the consulate in Korea, Cameroon, or a consulate here?

What is it that you are confused about? You will specify the Embassy that your fiance will interview at on the I-129F, question 20: "Your fiance will apply for a visa abroad at the American embassy or consuate at: _______________ (City), _______________ (Country)"...

If you are referring to your income situation, it's been asked and answered. If you don't meet the 125% of poverty guidelines, either fix your income or get a co-sponsor.

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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