How's this for a mess??

[Jason-Sasha 1]

Good advice. So, ultimately a decision is made by the Consular Officer, correct? they may want to see 4 forms of supporting evidence or they may be satisfied with only 1. Totality of the circumstances, huh? I take this to mean that there is no "set" minimum or maximum requirements of evidence. each case is different. i understand this. but , should I offer up a formal letter from myself to be included in the Aff. of Supp., which explains this year.....or should I not offer up that info and wait for them to ask? I dont want to make it an issue, just to discover that they wouldn't have......but now with this letter......its gonna be examined. You know what I mean? Blah, maybe I'm just too stressed. I guess I'll just have to wait and see what that step brings. Hey, thanks alot.

Edited October 6, 2006 by Jason-Sasha

[William33 110]

Jason-Sasha,

I suggest you offer any piece of evidence that you can muster. "totality of circumstance" is just that, an evaluation of "all" evidence that you submit. You would benefit by submitting everything that supports your ability to carry the financial responsibility of a foreign spouse alone, irrespective of their income potential.

Keep in mind that this is only the preliminary segment. Later on and after marriage, you will need to adjust status (AOS).

At that point, the evidence and documentation is more closely scrutinized and is legally binding.

Right now, the notion is to "test the waters", with respect to your ability to support your Fiance (future Wife). Generate massive amounts of financial evidence. You will appreciate the results.

Good advice. So, ultimately a decision is made by the Consular Officer, correct? they may want to see 4 forms of supporting evidence or they may be satisfied with only 1. Totality of the circumstances, huh? I take this to mean that there is no "set" minimum or maximum requirements of evidence. each case is different. i understand this. but , should I offer up a formal letter from myself to be included in the Aff. of Supp., which explains this year.....or should I not offer up that info and wait for them to ask? I dont want to make it an issue, just to discover that they wouldn't have......but now with this letter......its gonna be examined. You know what I mean? Blah, maybe I'm just too stressed. I guess I'll just have to wait and see what that step brings. Hey, thanks alot.

[payxibka 10,044]

Jason-Sasha,

Did you meet or exceed the stated poverty line of income during 03-05? If so, the injury situation will be understood. You must also consider your household size. If it is just you and your Fiance, you may be ok.

To paraphrase a senior member here, specifically Yodrak, the Consular Officer will consider the "totality of circumstances". That is very sound advice.

If you met or exceeded the poverty line of income during the last 3 years, injury considered, household size minimal, you should be able to carry the load without a co-sponsor.

Now, does anyone have any advice about the financial end. As I said earlier in the thread i've had good tax history and income for years. But 2006 was a disaster for me. I didnt work from January until just recently due to an injury. I lived off of my savings and now have very little in the bank. If I begin this process now or within a few weeks, that step in the process that requires my tax/earnings history will come after the new year. They might require 2004, 2005, 2006 IRS info. I can show very little for this year. Will they accept 2003, 2004, 2005 along with my recent pay stubs (which are more than adequate) to show that I'm worthy? Or will I be screwed because it will be after the new year and 2006 will be a must??? I'm a single man who only has his fiancee. not many options for a co-sponsor. You guys all rock! Thanks for the advice and info.

We all go through financial "slumps" from time to time. In your case I would agree that if you show that you are "back on your feet", current pay stubs, letter from your employer stating your employemnt and current pay status,etc.. in conjunction with your three year history is about as good as you are going to be able to do. An explanation of the circumstances that occured during the slump period will help mitigate. Remeber you have crawled out of the hole! Acentuate the positive and don't dwell on the negative. Write your explanation with a positive spin.

In my opinion, if you are able to establish that you do have earnings capability and you are not simply satisfied sitting idly by watching the world go by collecting unemployment or other public assistance then and that you are a productive member of society what else can you do? I would not let it prevent you from filing. If they question it then respond accordingly. This is a valid concern but I am not sure it is a mountain that cannot be climbed succesfully. Good luck!

[Jason-Sasha 1]

I think you're right. We will begin and submit as many pieces of evidence as possible. I feel pretty good about it now. better understanding. Thanks alot!