Jump to content

19 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline
Posted

Hey VJ!

Today my fiancee dropped the completed I-129f package into the mail. We forgot to include a G-1145, E-Notification of Application/Petition Acceptance, oops! We will just have to wait until we get it back in the mail. :)

Now, my question is as such:

My fiancee works at a hospital as a "PRN" (Per-Requested-Need) and has been working there for nearing on two years, making roughly $11 an hour. Some weeks she has 60 hours, some weeks she has 0, but based on our calculations and the fact that we have no dependents (neither of us have children) she is above what is considered the poverty line - but just barely. In addition, there are no savings, stocks, bonds, properties, etc at the moment. Zilch.

This worried me until I read somewhere on Yahoo! Answers (this was before I found you lovely bunch) that the powers that be who are responsible for determining the financial stability of us as a couple (at least, as it relates to me not becoming a "public charge" in the United States) also take my income into account, which fluctuates (I'm in sales) but has been between $25K - 50K over the course of 2012, 2013, and this year.

Normally that wouldn't count if I was leaving my job in Canada, but I am the VP of a mid-size consultancy firm (50 people at present) and I intend on starting the USA-Based presence of our company when I move to Colorado.

In consideration of this, would the USCIS look at both our incomes together? Am I worrying too much or should we spend the next few months doing our best to improve my fiancee's financial situation (improving savings, property, to the best of our ability with the time we have)?

You guys rock, I am so happy I found you, and I am depending on you once more. Thanks in advance for all your continued support.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

I do not think your income will be included. If she does not make more than 125% above the poverty line, Canada allows cosponsors. Does she have a friend or family member that would cosponsor with her to help you guys out?

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Filed: K-1 Visa Country: Canada
Timeline
Posted

I do not think your income will be included. If she does not make more than 125% above the poverty line, Canada allows cosponsors. Does she have a friend or family member that would cosponsor with her to help you guys out?

I have several people in mind that we could ask and probably receive a yes from. Would you be able to help me find the document that states the income requirements? I had it once but I can't seem to find it now.

Thank you!

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Here are the guidelines: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

It is $19662 for a household of 2. If you use a cosponsor, their household size will also have to be added to the 2 of you, but as long as hers plus the cosponsor's income supports all household members then you'll be OK. Good luck to you!

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Filed: K-1 Visa Country: Canada
Timeline
Posted

Here are the guidelines: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

It is $19662 for a household of 2. If you use a cosponsor, their household size will also have to be added to the 2 of you, but as long as hers plus the cosponsor's income supports all household members then you'll be OK. Good luck to you!

Thank you! That's exactly the document I needed.

I have another question for you. Earlier you said that "Canada allows" a co-sponsor. If the USCIS is determining if my USA Citizen fiancee will be able to support me and is taking her income (and the co-sponsors income) into account, where does Canada come into that in terms of approvals?

Sorry for the confusion, I just want to make sure I fully understand what you mean. :)

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Thank you! That's exactly the document I needed.

I have another question for you. Earlier you said that "Canada allows" a co-sponsor. If the USCIS is determining if my USA Citizen fiancee will be able to support me and is taking her income (and the co-sponsors income) into account, where does Canada come into that in terms of approvals?

Sorry for the confusion, I just want to make sure I fully understand what you mean. :)

There are several countries that do not allow the USC to have a cosponsor to meet the financial requirements. Canada is a country that allows cosponsors which is a good thing when someone can't meet the financial requirements on their own. Sponsors have to be US Citizens with US income.

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Filed: K-1 Visa Country: Canada
Timeline
Posted

There are several countries that do not allow the USC to have a cosponsor to meet the financial requirements. Canada is a country that allows cosponsors which is a good thing when someone can't meet the financial requirements on their own. Sponsors have to be US Citizens with US income.

That makes sense.

One more question (I sincerely apologize). When obtaining the support of a co-sponsor, do you simply submit two I-134's, one for the USA fiancee and one for the USA fiancee's co-sponsor? Is there any other documentation that must be included that indicates that that person intends to co-sponsor, or is there a guide regarding this somewhere?

Thanks. :)

Filed: AOS (pnd) Country: Canada
Timeline
Posted

That makes sense.

One more question (I sincerely apologize). When obtaining the support of a co-sponsor, do you simply submit two I-134's, one for the USA fiancee and one for the USA fiancee's co-sponsor? Is there any other documentation that must be included that indicates that that person intends to co-sponsor, or is there a guide regarding this somewhere?

Thanks. :)

I believe you will need the I-134, copy of 2013 tax return with W-2's OR tax transcript, employer letter (optional), paystubs (optional), and may even need a copy of their birth certificate or passport to prove citizenship. We will not be using a cosponsor so I haven't researched it all that much, but too much information is better than not enough in my opinion!

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Filed: K-1 Visa Country: Canada
Timeline
Posted

I believe you will need the I-134, copy of 2013 tax return with W-2's OR tax transcript, employer letter (optional), paystubs (optional), and may even need a copy of their birth certificate or passport to prove citizenship. We will not be using a cosponsor so I haven't researched it all that much, but too much information is better than not enough in my opinion!

Totally agreed ... again, thank you so much. :content:

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Totally agreed ... again, thank you so much. :content:

You're welcome and Good Luck!

If you haven't already, you should check out the Canada forum to get more Montreal specific information. There is a guide that is very helpful for when you get to the interview stage.

http://www.visajourney.com/forums/forum/93-canada/

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Posted

Just to clarify: Canada isn't the place that "allows co-sponsors." It is the US embassy in Canada that allows it.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Here are the guidelines: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

It is $19662 for a household of 2. If you use a cosponsor, their household size will also have to be added to the 2 of you, but as long as hers plus the cosponsor's income supports all household members then you'll be OK. Good luck to you!

A co-sponsor does not include the USC petitioner in their household count, unless they claim them as a dependent on their taxes.

There are several countries that do not allow the USC to have a cosponsor to meet the financial requirements. Canada is a country that allows cosponsors which is a good thing when someone can't meet the financial requirements on their own. Sponsors have to be US Citizens with US income.

Sponsors can be a USC or LPR.

OP> Your income will not be counted on your fiancee's I-134. You will not be able to work right away after entering the US. You will need an EAD or green card first. The guidelines used for many consulates are the ones set for the I-864, even when using the I-134 for the K-1 visa. This is because the I-134 does not have very detailed instructions and the K-1 is special in that it has immigrant intent and you will need the I-864 soon after entering the US when you file for AOS. So, read the I-864 instructions to understand more about sponsoring and the requirements.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: AOS (pnd) Country: Canada
Timeline
Posted

A co-sponsor does not include the USC petitioner in their household count, unless they claim them as a dependent on their taxes.

This is good to know. We are not using a cosponsor, but it's still good information to be informed about. Thanks for clarifying this for the OP!

K-1 Timeline- 6 Month Process

2-26-14 NOA1

4-04-14 NOA2

6-13-14 Interview (221g Divorce Decree)

6-20-14 Document Sent

7-16-14 Email Request for Liquid Assets

7-23-14 Documents Sent

7-31-14 Case Creation Date changed

8-14-14 ISSUED!!

8-18-14 Visa in Hand

8-20-14 POE

10-11-14 Wedding

AOS & EAD Timeline

11-04-14 Express Mailed to Chicago

11-05-14 Delivered

11-07-14 NOA 1 via text

11-10-14 Check Cashed

11-13-14 Both NOA1's received in the mail

11-22-14 Biometrics letter received

12-03-14 Biometrics Appointment

01-15-15 EAD APPROVED!!!

02-23-15 Interview Waiver Letter Received

09-22-15 GC APPROVED!!!

09-26-15 GC IN HAND!

Bye USCIS until June 2017!

~Abby~

Filed: K-1 Visa Country: Russia
Timeline
Posted

A co-sponsor does not include the USC petitioner in their household count, unless they claim them as a dependent on their taxes.

Wait..so if I (USC) live with my father & he doesn't claim me as a dependent but I'm using him as a co-sponsor, when he fills out his I-134, he won't count ME in the household size? So he would just put 2 not 3? That seems odd.

04/23/2014- Mailed I-129F petition

04/24/2014- Arrived at Dallas lockbox

04/29/2014- Personal Check cashed, electronic NOA1: routed to Texas Service Center

05/01/2014- Received NOA1 hardcopy, Alien Registration # changed

08/08/2014- Text & email saying we were transferred to another center (from TSC to CSC)

09/22/2014- Received electronic NOA2 dated 9/19/2014

12/16/2014- Medical Exam

12/17/2014- Interview: APPROVED

01/17/2015- POE-Houston

03/07/2015- Got married!

03/26/2015- Mailed off Adjustment of Status, Employment Authorization Document & Advanced Parole

04/06/2015- Personal Check cashed, electronic NOA1 for all three

04/13/2015- Received NOA1 hardcopies for all three dated 4/3/2015
04/18/2015- Received NOA for biometrics appointment dated 4/10/2015

04/28/2015- Biometrics appointment in Houston

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Wait..so if I (USC) live with my father & he doesn't claim me as a dependent but I'm using him as a co-sponsor, when he fills out his I-134, he won't count ME in the household size? So he would just put 2 not 3? That seems odd.

That is correct and not really odd at all. You are a USC and do not need or require sponsorship. He does not include you and list you as a dependent on his I-134 because you are not his dependent and in his household count. Everyone you live with is not necessarily in your household count.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...