August filer with a Twist

[Roosha 51]

Wait i am just figuring this out in my head, last 3 years that would be 2010,2011 and 2012. We have enough for 2010 and 11, and lets say some money required for 2012 and 4 months of work which would be good but not that close to the requirement of I864 for 2012. So if she works a few months and is good with 2012 and meets requirements after doing the math, do we get approved ?

That wouldn't work b/c in order to sponsor financially they look at current income. So if wife (USC) does not have a job she must have $66,000 in a US bank account or a joint sponsor. If she does work then her yearly income needs to add up to 125% above the poverty line. Not her income for the past year, the income she will make in a year if she were to stay at that current employment. I hope that makes sense.

[Fahad&Navin 0]

That wouldn't work b/c in order to sponsor financially they look at current income. So if wife (USC) does not have a job she must have $66,000 in a US bank account or a joint sponsor. If she does work then her yearly income needs to add up to 125% above the poverty line. Not her income for the past year, the income she will make in a year if she were to stay at that current employment. I hope that makes sense.

hmmm, 125% is fine for the past three years BUT not for 2012, the years before that she was making well above the requirement as i stated above, if she is to go back and gets a job and works there permanently for lets say 4 months, will NVC consider that ? or will we have to wait for the whole year to get the tax returns for 2013 ?

[Roosha 51]

hmmm, 125% is fine for the past three years BUT not for 2012, the years before that she was making well above the requirement as i stated above, if she is to go back and gets a job and works there permanently for lets say 4 months, will NVC consider that ? or will we have to wait for the whole year to get the tax returns for 2013 ?

Again, the past three years won't be taken into account if she's filing as the only sponsor. NVC will consider current employment and probably go ahead and give you a case complete and send the file on to the consulate. However, the final decision is up to the consular officer (as stated by KDH earlier in this thread) and you'll need to ask people who have been through the consulate in your country about how strict they are with this issue.

[Fahad&Navin 0]

Ahhhhh................. now i get it, thanks for making it much more simpler. i got your point . Hmm, lets see what happens then. Thanks a bunch for the help.

[Darnell 8,478]

Yes i am, kinda confusing, sigh!! but still on the technicality is it gonna get confusing or will that work ?

it's gonna get really confusing,

as 'current annual income' is for 2013.

[bigdog 376]

Lets hope for a fast resolution.

[aamirpearl 47]

my thoughts for you is that if you guys cant find a co-sponsor than its best she should go back and find a job and have income again, since her past years she has been above poverty....I know that its hard to go far away from your love but in love we have to sacrifice these things and at the end it will all be worth it... good luck in your visa journey..

[sarsorti 36]

So here it goes, I (Navin) filed the petition for Hubby (Fahad) in August 2012 and received NOA1 around the same time (See Timeline). I have not yet received my NOA2 (Just like the rest of you lot). I came to Pakistan to be with my husband in October 2012 and currently living here. I check the case status daily but sigh!! no change. I have called customer service 3-4 times during the span and they tell me that I might have an interview in Houston (my residing city) by February 2013. The issue is that I am living in Pakistan and will not be able to make it back if they call me for an interview. I am stuck in a limbo also because if I make it to the interview they will ask about my pay stubs and prior employment which I don’t have since I quit my work and went to Pakistan. Either way they will delay my process since I am unemployed and wont be able to have a co-sponsor. What to do, What to do. Advice Please. Let the discussion Commence

Anyone please correct me if I am wrong in this,the way I understand it, if you are married then as the spouse (vs. just being engaged)your income can be included and count whereas it would not be on the i129f k-1 fiance visa in which the only income considered is the sponsor or the co-sponsor. One major difference in the i129-f and the i130 is the amount of time you will have to wait for an actual visa to enter the US, the 130 takes significantly longer than the 129. The plus side is that if it takes 2 yrs then you don't have to file for AOS and you can get a green card pretty quickly insha Allah. Salaam and Good Luck to you.

[The Mean Lady 604]

Anyone please correct me if I am wrong in this,the way I understand it, if you are married then as the spouse (vs. just being engaged)your income can be included and count whereas it would not be on the i129f k-1 fiance visa in which the only income considered is the sponsor or the co-sponsor. One major difference in the i129-f and the i130 is the amount of time you will have to wait for an actual visa to enter the US, the 130 takes significantly longer than the 129. The plus side is that if it takes 2 yrs then you don't have to file for AOS and you can get a green card pretty quickly insha Allah. Salaam and Good Luck to you.

As I understand it, your foreign spouse working in another country cannot have their income counted towards the current income as that income is going to stop once they move to the US.

[Darnell 8,478]

current annual income

can only be counted from the Beneficiary

if

the income continues after immigrating to the USA.

[lunaboriken 2]

I would say get a job ASAP. Call and ask for a request of service if it out of the time guideline.

There is nothing you or even the President can do if Immigration wants to take there time.

Be patience. Keep the love.

My AOS took from Dec 2011-Dec 2012.

So, it does take time. You can't enter this process with a hurry else they will show you how it works.

Edited January 9, 2013 by lunaboriken

[StephAnn2012 50]

Navin - You raised several important points - here is my opinion.

1. Stop calling USCIS - You can read here and on the USCIS website that they require a certain amount of time to process each type of application - The minimum for a fiancee or spouse VISA is usually 5 months. Calling before this time will result in no new information, but only creates bad karma in my opinion - give them the time they need as posted on their website.

2. Remember that the application to sponsor someone came with sworn statements as to your financial commitment to your spouse - If you are asked for further documentation - (highly likely since you are in Pakistan) then you will not be approved if you can't show that you can support your applicant husband - The application is done so they can help avoid people coming into the US and being indigent or living off of Government programs - unless you can show income or money in the bank - You are going to be turned down - If you needed a sponsor because your income is not sufficient, you can not just hope they will waive that requirement - you have to show financial stability.

So here it goes, I (Navin) filed the petition for Hubby (Fahad) in August 2012 and received NOA1 around the same time (See Timeline). I have not yet received my NOA2 (Just like the rest of you lot). I came to Pakistan to be with my husband in October 2012 and currently living here. I check the case status daily but sigh!! no change. I have called customer service 3-4 times during the span and they tell me that I might have an interview in Houston (my residing city) by February 2013. The issue is that I am living in Pakistan and will not be able to make it back if they call me for an interview. I am stuck in a limbo also because if I make it to the interview they will ask about my pay stubs and prior employment which I don't have since I quit my work and went to Pakistan. Either way they will delay my process since I am unemployed and wont be able to have a co-sponsor. What to do, What to do. Advice Please. Let the discussion Commence