Help me... (Part 2)

[phillip_Lily 0]

I have placed a previous topic here:

http://www.visajourney.com/forums/index.php?showtopic=350720&view=getnewpost

Please read the above topic to get more detail on our situation.

Basically, I am a USC and I have applied for a visa for my wife. I filed the I-130 in ShenYang and the paperwork was accepted and transferred over to Guangzhou for an IV. I have filled out all the required paperwork but I am stuck at the I-864. They are telling my wife that we need a co-sponsor because my income is foreign based and can't be counted as I will not be keeping it after we leave China.

I was doing some research on the K3 NIV. Apparently, this visa is for those who wish to first go to America AND THEN file for the IV. I wish I had known this before as it would have given me the chance to get a US job and sponsor her. (She was NOT denied the visa, they are awaiting additional paperwork).

Here's my question(s): Even though I have gone this far with the IV process, is it possible to switch to the K3 visa? From what I've read, you can't apply for the K3 visa if you have already been approved for the I-130. You are supposed to file the I-129 before the I-130 gets approved so the I-130 can be cancelled out. Would I need to cancel my current IV application? Is it even possible to do that? Would I still end up getting stuck at the financial support part of the I-134? This is not the same form, and I was told that it didn't matter that my income was foreign based... as long as I filed taxes (which I did).

P.S. the blue form they gave my wife at the interview has an expiration date of July 22, 2012. But I can't get a co-sponsor for the I-864.

[himher 634]

The K3 still requires a support affidavit.

You have (3) choices:

Return to the US, secure employment, and demonstrate adequate income before July 22nd

Demonstrate >(3) times the requied 125% poverty level in cash assets

Secure a co-sponsor

There is no "switch" to a K3 visa at this point. A K3 visa by original intention was an expedited process to allow separated spouses to re-unite when one spouse was in the US and the other spouse was out of the US and waiting for the I130 to be processed (the law was passed for the purpose of family unity).

Spouses who reside together overseas do not qualify for a K3 and currently few to no spouses qualify for expedited unity while the I130 is being processed because the I130 and I129F are being approved together.

Sorry there is no better news.

Best of luck!

I have placed a previous topic here:

http://www.visajourney.com/forums/index.php?showtopic=350720&view=getnewpost

Please read the above topic to get more detail on our situation.

Basically, I am a USC and I have applied for a visa for my wife. I filed the I-130 in ShenYang and the paperwork was accepted and transferred over to Guangzhou for an IV. I have filled out all the required paperwork but I am stuck at the I-864. They are telling my wife that we need a co-sponsor because my income is foreign based and can't be counted as I will not be keeping it after we leave China.

I was doing some research on the K3 NIV. Apparently, this visa is for those who wish to first go to America AND THEN file for the IV. I wish I had known this before as it would have given me the chance to get a US job and sponsor her. (She was NOT denied the visa, they are awaiting additional paperwork).

Here's my question(s): Even though I have gone this far with the IV process, is it possible to switch to the K3 visa? From what I've read, you can't apply for the K3 visa if you have already been approved for the I-130. You are supposed to file the I-129 before the I-130 gets approved so the I-130 can be cancelled out. Would I need to cancel my current IV application? Is it even possible to do that? Would I still end up getting stuck at the financial support part of the I-134? This is not the same form, and I was told that it didn't matter that my income was foreign based... as long as I filed taxes (which I did).

P.S. the blue form they gave my wife at the interview has an expiration date of July 22, 2012. But I can't get a co-sponsor for the I-864.

[himher 634]

The K3 still requires a support affidavit.

You have (3) choices:

Return to the US, secure employment, and demonstrate adequate income before July 22nd

Demonstrate >(3) times the requied 125% poverty level in cash assets

Secure a co-sponsor

There is no "switch" to a K3 visa at this point. A K3 visa by original intention was an expedited process to allow separated spouses to re-unite when one spouse was in the US and the other spouse was out of the US and waiting for the I130 to be processed (the law was passed for the purpose of family unity).

Spouses who reside together overseas do not qualify for a K3 and currently few to no spouses qualify for expedited unity while the I130 is being processed because the I130 and I129F are being approved together.

Sorry there is no better news.

Best of luck!

NOTE: After this post I noticed you have split threads. You do have a co sponsor. Add your co-sponsor's income to your assets (required assets are 3X the difference between the co-sponsor's actual income and 125% poverty guidelines) and re-submit your I864.

[ekistler 1]

I understand your pain. My wife is scheduled for her interview on Feb. 27th.

I have been living in Shenzhen for over 1 year now and my current income is foreign based. I do have over $60k sitting in the bank in the States so we are going to declare that as well. Before I came here my average tax returns for 2008, 9 and 10 were around $70k a year. I am hoping that will be enough in our case to convince the Officer.

The poverty number listed for 2012 @ 125% (for 2 people) is $18,913 and (for 3 people) $23,863.

So for assets only I calculated $56,739 for the 2 of us.

In your case, if my calculations are correct (Please feel free to chime in Others... ), your number should be $71,589.

I wish I had better news for you but, those are the numbers.

You filed in the IR/CR forum but, did you actually file through the consulate (DCF)? I am curious about the time length on the Blue form from DCF. When was your wife's interview date?

Good luck. You'll work through it. It's just frustrating.

Eric

[Ryan H 3,892]

Basically, I am a USC and I have applied for a visa for my wife.

You have not applied for a visa, your wife has. You filed a petition.

Here's my question(s): Even though I have gone this far with the IV process, is it possible to switch to the K3 visa?

No

From what I've read, you can't apply for the K3 visa if you have already been approved for the I-130. You are supposed to file the I-129 before the I-130 gets approved so the I-130 can be cancelled out.

That is not correct (I write this for the benefit of others who may be reading this). To start the K3 process, the I-130 is filed at a lockbox stateside. After the I-130 is accepted, an I-129F can be filed to start the K3 process. USCIS ties the two petitions together by pulling the I-130 from its place in the queue and placed with the I-129F that was just submitted. The two petitions are adjudicated at the same time and if approved, they are sent to the NVC. If the NVC receives the two petitions at the same time or if they receive the I-130 prior to receiving the I-129F, then the I-129F is administratively closed leaving only the I-130 active. Because of these policies, most people on VJ (myself included) will often state that starting the K3 process is a waste of time since it usually goes nowhere.

[himher 634]

The difference between his sponsor's income ($21000/3 people) and required income is only ~$2200.

Dude only needs ~$7000 in assets to make up this difference.

I understand your pain. My wife is scheduled for her interview on Feb. 27th.

I have been living in Shenzhen for over 1 year now and my current income is foreign based. I do have over $60k sitting in the bank in the States so we are going to declare that as well. Before I came here my average tax returns for 2008, 9 and 10 were around $70k a year. I am hoping that will be enough in our case to convince the Officer.

The poverty number listed for 2012 @ 125% (for 2 people) is $18,913 and (for 3 people) $23,863.

So for assets only I calculated $56,739 for the 2 of us.

In your case, if my calculations are correct (Please feel free to chime in Others... ), your number should be $71,589.

I wish I had better news for you but, those are the numbers.

You filed in the IR/CR forum but, did you actually file through the consulate (DCF)? I am curious about the time length on the Blue form from DCF. When was your wife's interview date?

Good luck. You'll work through it. It's just frustrating.

Eric

[ekistler 1]

The difference between his sponsor's income ($21000/3 people) and required income is only ~$2200.

Dude only needs ~$7000 in assets to make up this difference.

Quick question. I guess I don't understand how they do these calculations. (Big surprise there... LOL )

I thought that when he is including a sponsor that they add him in the number as well. Is this not true? That would put him at $28,813 if that was the case. The difference being $7,800 +/-. Wouldn't he then need $23.4k in assets? Help please! I'm confused on these procedures.

Thanks.

[phillip_Lily 0]

Quick question. I guess I don't understand how they do these calculations. (Big surprise there... LOL )

I thought that when he is including a sponsor that they add him in the number as well. Is this not true? That would put him at $28,813 if that was the case. The difference being $7,800 +/-. Wouldn't he then need $23.4k in assets? Help please! I'm confused on these procedures.

Thanks.

They don't add me or our child. They just need to add my wife (the immigrant). The co-sponsor + their dependent(s) + the immigrant

The difference between his sponsor's income ($21000/3 people) and required income is only ~$2200.

Dude only needs ~$7000 in assets to make up this difference.

I have that savings, but I don't know if MY savings can be added to THEIR income.

[himher 634]

The instructions say that it can. ???Did you read them???

We did it on our savings only / no income and no co-sponsor

They don't add me or our child. They just need to add my wife (the immigrant). The co-sponsor + their dependent(s) + the immigrant

I have that savings, but I don't know if MY savings can be added to THEIR income.

[sheeshkabelle 153]

You are correct; for the co-sponsor only your wife+ their household size counts. example: co-sponsor+ co-sponsor's spouse+ their child+ your wife= household of 4 = $27,937.00

You can count assets (your US bank account, stocks, bonds, IRAs, 401Ks,home equity, second vehicle; anything that can be liquidated with in one year) it has a different formula: using assets only- 5X 125% for household size. Your household size is you+child+wife= $23,162.00x5= $115,810.00

If both I-864's add up to cover the poverty level issue; you're golden.

[Darnell 8,479]

thinking about a K-3 is problematic, I see 2 major problems:

1. you already have an approved I-130 - the K-3 path is closed to you.

2. the I-134 is used for income evaluation and you'll have the same problem as with the I-864.

Going forward, I suggest a long-arm'ed reach out to yer buddies, find someone that can sponser yer wife;

or

Come to USA, get a job, and submit yer letter of employment back to GUZ IV.

It may be enough that you have a job offer, instead, without leaving China, as there is really one of two paths here, depending on the VO's interpretation of the facts:

1. proof of USA Domicile with USA Income or

2. proof of re-establishing a USA Domicile with proof of an upcoming job.

Edited February 10, 2012 by Darnell

[himher 634]

The formula is 3X, not 5X, for a spouse of USC. The formula also requires that you make up 3X the DIFFERENCE between the sponsor's income and 125% poverty level. Your math is off.

Recommendation: File the I864 with your assets and co-sponsor's with her income and I believe it will go through. I know for dam sure we did not declare 5X household size in assets only because we did not need to.

You are correct; for the co-sponsor only your wife+ their household size counts. example: co-sponsor+ co-sponsor's spouse+ their child+ your wife= household of 4 = $27,937.00

You can count assets (your US bank account, stocks, bonds, IRAs, 401Ks,home equity, second vehicle; anything that can be liquidated with in one year) it has a different formula: using assets only- 5X 125% for household size. Your household size is you+child+wife= $23,162.00x5= $115,810.00

If both I-864's add up to cover the poverty level issue; you're golden.

Edited February 11, 2012 by himher

[sheeshkabelle 153]

I stand corrected: for Sponsorship of a spouse it is three times

for other visa sponsorships it is five times.

May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

Yes, except with form I-864EZ. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family.

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.

What can be used as assets?

Assets easily convertible to cash can be savings, stocks, bonds and property.

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

The assets must be convertible to cash within 12 months

The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Can free housing be counted as income?

Yes, sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.

Edited February 11, 2012 by sheeshkabelle

[himher 634]

I think the OP could skin by on this. He appears to have disappeared however LOL

[phillip_Lily 0]

Can free housing be counted as income?

Yes, sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.

[/b]

That would be really nice. I plan to try that, AND list my savings as well to see if they'll include that with the co-sponsor's income.

Thanks for your post.