disappointed

[knightyshine 0]

I'm so sad and so disappointed after my interview last January 30,2013. i brought with me all the proofs that our relation is now over 4 years and yeah my bf is not a rich man but he rich the poverty guidelines to sponsor an immigrant but after the interview the CO handed me the 221g which break my heart. The comment in that paper said that the petitioner failed to demonstrate sufficient financial means to sponsor an immigrant. what should we do? does he needs to apply for a job of his age 55 years old? he did not chose to have a cancer that causes him to stop working and now he is receiving the monthly from SSDI for he is under (disable) early retired..any idea?please help us...

reach the poverty guidelines..

[Jiajia 0]

Hi, I'm sorry to hear your failure after the interview.

Actually I have the similar problem like yours now. I had interview in the beginning of Feb, I also received 221g, the comment required me to provide more information about the financial evidence. My American fiance doesn't have job either, he's capable to work anytime, but he chose not to work for a while as he has lots of assets to live on for both of us, and the value of his assets is much much more than 125% of poverty level. So I'm confused what exactly the VO wants me to do. He wants me to prove he does have enough money to support me base on his assets? Or My fiance must have a job to reach their rules even though he has enough money and assets?

What are you gonna do? Did they ask you to provide more information or find another qualified sponsor?

[knightyshine 0]

hi

Thats our problem.my bf has no assets or properties. he is just receiving the monthly from his being ssdi.he is already 55 and now he is trying to apply for a job. I pity him because he cant stay here long because of his being under ssdi. thats why we try our best to file the fiancee visa but i dont know what to do now.

[knightyshine 0]

according to our research Bangkok don't accept any co sponsor so we don't know yet what to do.

[Karee 4,190]

according to our research Bangkok don't accept any co sponsor so we don't know yet what to do.

While it is true that the Bangkok embassy does not generally accept co-sponsors for K visas, I have seen them accept them in some cases. One of the situations I have seen them accept a co-sponsor, is in the case of university students. Your best bet is to email the embassy and explain your situation. See what they have to say.

[Ning 619]

hi

Thats our problem.my bf has no assets or properties. he is just receiving the monthly from his being ssdi.he is already 55 and now he is trying to apply for a job. I pity him because he cant stay here long because of his being under ssdi. thats why we try our best to file the fiancee visa but i dont know what to do now.

The embassy probably will not respond to your questions on this issue. The consider this a request to " prescreen " the case which they will not do.

You could simply submit a co sponsor and see what happens. This will result in a denial of at least that co sponsor or possibly the entier case. Be careful as you make these decisions.

Even if he returns to the States and goes to work he will have to demonstrate a history of doing so. How long? In his situation they may require one year. I am not certian about this but taking all into consideration I believe it will take more than just going to a new job. A job he could quit as soon as you enter the USA.

The real problem is your status I think. Meaning you could go to work to help but you have to go thru the AOS procedure which can take at least 6 to 9 months.

All of this can be overcome by simply marrying in Thailand. Doing that allows him to use a co sponsor and results in a C R 1 visa for you. That means you can get a green card very quickly that allows you to go to work.

If you are serious about marrying you must know you have to marry within 90 days of arriving in the USA anyway. Why fight the system to end up in that situation? Just commit yourself to the life in front of you which will include the unfortunate problems your fiance suffers from and you will become part of as well. I hope you have a real sense of life in the USA which is far different than many Thais think. Its a land of milk and honey for sure but we work hard for every drop.

[knightyshine 0]

The embassy probably will not respond to your questions on this issue. The consider this a request to " prescreen " the case which they will not do.

You could simply submit a co sponsor and see what happens. This will result in a denial of at least that co sponsor or possibly the entier case. Be careful as you make these decisions.

Even if he returns to the States and goes to work he will have to demonstrate a history of doing so. How long? In his situation they may require one year. I am not certian about this but taking all into consideration I believe it will take more than just going to a new job. A job he could quit as soon as you enter the USA.

The real problem is your status I think. Meaning you could go to work to help but you have to go thru the AOS procedure which can take at least 6 to 9 months.

All of this can be overcome by simply marrying in Thailand. Doing that allows him to use a co sponsor and results in a C R 1 visa for you. That means you can get a green card very quickly that allows you to go to work.

If you are serious about marrying you must know you have to marry within 90 days of arriving in the USA anyway. Why fight the system to end up in that situation? Just commit yourself to the life in front of you which will include the unfortunate problems your fiance suffers from and you will become part of as well. I hope you have a real sense of life in the USA which is far different than many Thais think. Its a land of milk and honey for sure but we work hard for every drop.

[knightyshine 0]

Hi everyone,

Thanks a lot for your ideas. right now me and my boy friend agreed that he will find a job for we dont know what the CO wanted us to show. and i have a good job here in Thailand but i am not a thai am a filipino that work here in thialnd and ask my bf to address my interview here to avoid absences in going home for an interview.We really plan that if even though we can pass any documents that we think lacking and causes me to not to get a visa and still the CO will not issue me a visa we will get married here and apply for a spousal visa. We are just confused of the policy that we know before applying the fiancee visa because we know that theres a federal poverty guidelines and it was 100% year 2012.anyway we dont have any power about this matter even though we comply the requirements for the fiance visa. it affect me so much but i tried to put smile on my face when i go to work and think that life is still beautiful..last question if somebody knows this situation.. if my bf can find a job next month how long that we can submit a pay stub or other documentd from the employer? do yoou think it is possible that i can get a visa by then? thanks for reading and hope that i can find answers on this matter...God bless

[Ning 619]

Hi everyone,

Thanks a lot for your ideas. right now me and my boy friend agreed that he will find a job for we dont know what the CO wanted us to show. and i have a good job here in Thailand but i am not a thai am a filipino that work here in thialnd and ask my bf to address my interview here to avoid absences in going home for an interview.We really plan that if even though we can pass any documents that we think lacking and causes me to not to get a visa and still the CO will not issue me a visa we will get married here and apply for a spousal visa. We are just confused of the policy that we know before applying the fiancee visa because we know that theres a federal poverty guidelines and it was 100% year 2012.anyway we dont have any power about this matter even though we comply the requirements for the fiance visa. it affect me so much but i tried to put smile on my face when i go to work and think that life is still beautiful..last question if somebody knows this situation.. if my bf can find a job next month how long that we can submit a pay stub or other documentd from the employer? do yoou think it is possible that i can get a visa by then? thanks for reading and hope that i can find answers on this matter...God bless

It would be a good idea to have the bf as you call him, post these questions more clearly so you can understand the responces.

Your B F will have to demonstrate a history of working. Get a visa by then? When is then?

[Villanelle 4,122]

If your fiance is receiving is disability payments there are two types of payments he could be receiving. One is plain old SSD (Social security disability). The other is SSI (Supplemental Security Income).

SSI is a means tested benefit. Its for people with limited income or resources. You can get both SSD and SSI. If your SSD amount is lower then the poverty rate, you will get and additional payment of SSI to make your total check in an amount that places you at the poverty level.

Means tested benefits do not count towards the aff of support guidelines for immigration. So if your fiance is getting both SSD and SSI in his disability check, its a problem. Example- His check is around 700 a month. 500 is SSD. 200 is SSI. The CO is only going to count the 500 from SSD because the 500 is SSD the 200 is SSI (a means tested benefit and is excluded. 500 x 12 months = 6000year You are under the guidelines and need apx 9000 a yr more to meet the guidelines for a fiance visa.

Your fiance could attempt to get another job, but if he is receiving disability payments there are rules for working when you are disabled, there are income caps on how much you can earn. He may jeopardize his ability to receive future disability payments in the future and his ability to receive medical coverage through medicare from being disabled. I would strongly urge him to review the SS website to review the guidelines before working. If it is possible for him to work and he is able to- then its your choice if you want to go that route. There is no set amount of time on how long is long enough to satisfy the CO with work history. You have a limited amount of time before your RFE to satisfy the requirements expires. Once it does your application expires and it gets sent back from the embassy and back to USCIS.

You can attempt to submit a co-sponsor and not have your husband get a job. you really dont have much to lose going that route. If its rejected, its rejected. Then you must get married because a co-sponsor will be accepted regardless of the embassy. Youre in the same position of his income not being enough, but youll be able to use the co-sponsor.

[Penguin_ie 5,994]

My American fiance doesn't have job either, he's capable to work anytime, but he chose not to work for a while as he has lots of assets to live on for both of us, and the value of his assets is much much more than 125% of poverty level.

You are better off starting your own thread about your own case to get the best replies, but yes, you need to prove the assets, and when using assets, you need x5 as much as the 125% income.

We are just confused of the policy that we know before applying the fiancee visa because we know that theres a federal poverty guidelines and it was 100% year 2012.

Most embassies use 125%, as that is what will be needed for AOS. How much did he actually make, and how many in his household (ie is he paying child support for example?)? If it is just slightly over the 125%, they may have used their discretion to deny him, especially if he has health issues.

[knightyshine 0]

My finace is under SSDI. he was working before for over 30 yers and he got his yearly income of 21,500

[Villanelle 4,122]

How many people are coming on the visa? Is it just a K1 visa for you or do you have children coming on a K2? Does he have children he has listed on his tax returns as dependents?

[Xanax 349]

My finace is under SSDI. he was working before for over 30 yers and he got his yearly income of 21,500

If he makes $21, 500, I believe that is above the 125% of the poverty guidelines unless you are bringing children over on a K-2 or he has dependents. Does your fiance have other people which he will need to support?

[knightyshine 0]

I don't have any kids to bring on my k1 visa only me.and he has one dependent daughter in the USA. We file the fiancée visa K1 visa only not K2.. thank you for some information.