Employment Type

[thirdtimeacharm 1]

Hello Everyone . I finally got a job and my 2 year visit / K-1 Visa Fileing is near . My question is that I am employed with a Staffing Agency but I ma working for the Virginia Department Of Transportation and may as well be a permanant job because my last job was with VDOT but I was employed with a contractor for 11 years ! Has anyone here that is AMerican Citizen ever apply for a Fiance Visa and was employed with a staffing Agency at the time of filing ? Also ...It is said that we have a 2 year time period to get Fiance here ... I went to visit her in the Philippines on October 25, 2010 and caught a return flight to the U. S. on November 30, 2010 ....when is my Expiration Date to get her here OR does my filing of the I29-F Stop that clock ? Thanks ....Terry

[sheeshkabelle 153]

Attempt at answers in bold

Hello Everyone . I finally got a job and my 2 year visit / K-1 Visa Fileing is near . My question is that I am employed with a Staffing Agency but I ma working for the Virginia Department Of Transportation and may as well be a permanant job because my last job was with VDOT but I was employed with a contractor for 11 years ! Has anyone here that is AMerican Citizen ever apply for a Fiance Visa and was employed with a staffing Agency at the time of filing ?

First, Are you filing for a K-1 visa for a fiance abroad? Or your fiance has the visa and hasn't come to the US yet?

I am self employed, so I know a little. As long as you can show tax transcripts or 1040s with W2s that show you make above the 125% rule to sponsor your fiance you're fine. If not, you will need a co-sponsor.

Also ...It is said that we have a 2 year time period to get Fiance here ... I went to visit her in the Philippines on October 25, 2010 and caught a return flight to the U. S. on November 30, 2010 ....when is my Expiration Date to get her here OR does my filing of the I29-F Stop that clock ? Thanks ....Terry

You misunderstand. You have to have met your fiance in person at some point in the past two years. You left November 30, 2010. You are with in the 2 year rule, but that 'expires' November 30, 2012. Filing does not 'stop the clock'

IF you were to file tomorrow, you're with in the '2year rule' to have met your fiance in person. IF you file December 1, 2012, you're out of luck. You will have to provide a good reason as to why you haven't visited with each other.

If your fiance already has a visa and it was issued two years ago, you're out of luck. The Visa is only valid for 6 months from the date of issue

Edited March 2, 2012 by sheeshkabelle

[thirdtimeacharm 1]

Thanks sheeshkabelle for your reply . I just landed this jon on February 02 and thought was best to wait for 90 days because the General Consensus in U. S. is 90 day probation period even though this job is always actually probation period since is through a Staffing Agency BUT ...it is more or less permanant as long as this Agency has the contract with Virginia . In your opinion ...do I need to wait for that 90 days to LOOK BETTER for the filing of the K-1 Visa ? Thanks ...Terry

[sheeshkabelle 153]

Thanks sheeshkabelle for your reply . I just landed this jon on February 02 and thought was best to wait for 90 days because the General Consensus in U. S. is 90 day probation period even though this job is always actually probation period since is through a Staffing Agency BUT ...it is more or less permanant as long as this Agency has the contract with Virginia . In your opinion ...do I need to wait for that 90 days to LOOK BETTER for the filing of the K-1 Visa ? Thanks ...Terry

If you're working for a temp agency, even if you don't stay at VDOT you are still employed and the agency will send you somewhere else to work. As long as you have the income, USCIS doesn't care where it comes from. (As long as it's legal!)

You can file now and you'll be off the probation period by the time you hear anything from your application.

[thirdtimeacharm 1]

Nope , we have not filed anything ...I only visited and I was with no work when I visited because I did not know things was this bad in AMerica at that time ....when I returned ...I have looked and looked for work and just got this job . Thanks for your replys and if you think of anything else that I may need to know ...I am all ears . I have to start doing more research to learn if and what is new about filing the K-1 Visa since so much time has passed . She does not have any Visa ...we are just not starting the Process . Thanks ....Terry

[max+patricia 24]

Your employment type isn't important at the time of filing (except for correctly listing it on your G-325A). At the time of your interview it's a different story.

Staffing agencies are a dime a dozen. I've worked for many, including one around the time of filing our K-1. It was a typical temp-to-hire government position - which is where I think it IS important to clarify differences in staffing jobs. The whole income and poverty guideline requirements are based off of CURRENT income (if you're not self-employed) - so last year's income isn't the determining factor. You may have worked for VDOT and made $100k last year - but if this year you make a salary of $15k - you're going to need a co-sponsor or documentation of assets.

In regards to the type of employment - staffing agency or directly hired at whatever company - take into account the terms of your job. Are you contract-to-hire or temporary? If you provide a letter of employment - will it show your position ends on X date? The CO at the time of interview will take that into consideration since sponsoring is to show you can financially provide for the intending immigrant both today and down the road.

[Rufus2012 175]

Remember, the interview is going to be several months from now - if you expect to still be employed then, and meeting the salary requirements, there's not much reason to delay the initial application.

[thirdtimeacharm 1]

Thank You Everyone for your replies . I am not sure if this job is a " Temp To Hire " position but it is a fairly stable position . The Company I worked for before was a Contractor that has the contract to procure the repair parts for the equipment and vehicles for VDOT and has been doing this since 1995 . The reason I was layed off was the fact that VDOT closed 50% of their repair facilities, and we were in all of their facilities. The job I have now is working at one of the 2 Tunnels on Interstate 77 . I am doing the research now to start procedings to file the I29-F for the K-1 Visa . Thanks Everyone .............Terry

max+patricia .....do you know the Minium Salary I can earn and still meet the requirements ? Thanks ....Terry

Edited March 2, 2012 by thirdtimeacharm

[max+patricia 24]

Thank You Everyone for your replies . I am not sure if this job is a " Temp To Hire " position but it is a fairly stable position . The Company I worked for before was a Contractor that has the contract to procure the repair parts for the equipment and vehicles for VDOT and has been doing this since 1995 . The reason I was layed off was the fact that VDOT closed 50% of their repair facilities, and we were in all of their facilities. The job I have now is working at one of the 2 Tunnels on Interstate 77 . I am doing the research now to start procedings to file the I29-F for the K-1 Visa . Thanks Everyone .............Terry

max+patricia .....do you know the Minium Salary I can earn and still meet the requirements ? Thanks ....Terry

It depends on the size of your household, location, and active duty military/non-military status. You can find more info on the instructions for form I-864 (although form I-134 is used when filing for a K-1, the requirements listed must be met later when adjusting status)

www.uscis.gov/files/form/i-864p.pdf

How many people are in your household? Do you have kids? How many people will you be sponsoring?

Good luck!

[thirdtimeacharm 1]

Hello again ...I just learned today that my job is not " Temp To Hire " but there is one guy that also works through the staffing Agency and he has been at this job for 6 years now . I live alone , my 2 children are grown and gone so there will be only the 2 of us on my income . My Fiance does not have any children . Thanks ....Terry