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It's current income. Filing bankruptcy in the past etc has no effect on it. As long as they have assets or currently make over the 125% poverty guidelines and have filed taxes the previous 3 years (unless not required to file) then you're fine. Really as long as you don't use medicaid or food stamps or another "means tested benefit" there is no risk to her. Because your fiance would be your main sponsor the government would always chase after him first to payments if you did use those things. She would sign a completed I-864 and he would sign a completed I-864. If it's for the fiance visa then it's an I-134.

It's also NOT take home pay, it's $/hr x hrs per week x 52 = current yearly income. So yearly income before taxes.

You couldn't become a US citizen until being an LPR and married to the same person for 3 years or an LPR for 5 years anyhow. :) By that time you have your 10 year green card (vs the 2 year one you get initially if you are not married for 2+ years upon entry) and have a while to decide what you want to do.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
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It's current income. Filing bankruptcy in the past etc has no effect on it. As long as they have assets or currently make over the 125% poverty guidelines and have filed taxes the previous 3 years (unless not required to file) then you're fine. Really as long as you don't use medicaid or food stamps or another "means tested benefit" there is no risk to her. Because your fiance would be your main sponsor the government would always chase after him first to payments if you did use those things. She would sign a completed I-864 and he would sign a completed I-864. If it's for the fiance visa then it's an I-134.

It's also NOT take home pay, it's $/hr x hrs per week x 52 = current yearly income. So yearly income before taxes.

You couldn't become a US citizen until being an LPR and married to the same person for 3 years or an LPR for 5 years anyhow. :) By that time you have your 10 year green card (vs the 2 year one you get initially if you are not married for 2+ years upon entry) and have a while to decide what you want to do.

" also NOT take home pay, it's $/hr x hrs per week x 52 = current yearly income. So yearly income before taxes. "

that's a bit relieving. He's in a union so they take pay for vacation and retirement and things like that but I assume they wouldn't see that anyway

It's current income. Filing bankruptcy in the past etc has no effect on it. As long as they have assets or currently make over the 125% poverty guidelines and have filed taxes the previous 3 years (unless not required to file) then you're fine. Really as long as you don't use medicaid or food stamps or another "means tested benefit" there is no risk to her. Because your fiance would be your main sponsor the government would always chase after him first to payments if you did use those things. She would sign a completed I-864 and he would sign a completed I-864. If it's for the fiance visa then it's an I-134.

It's also NOT take home pay, it's $/hr x hrs per week x 52 = current yearly income. So yearly income before taxes.

You couldn't become a US citizen until being an LPR and married to the same person for 3 years or an LPR for 5 years anyhow. :) By that time you have your 10 year green card (vs the 2 year one you get initially if you are not married for 2+ years upon entry) and have a while to decide what you want to do.

" also NOT take home pay, it's $/hr x hrs per week x 52 = current yearly income. So yearly income before taxes. "

that's a bit relieving. He's in a union so they take pay for vacation and retirement and things like that but I assume they wouldn't see that anyway

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If I worked 40 hours a week, all year, I'd make over the poverty guidelines. However, I don't work that much so I don't, partially because I work retail and my hours are cut during certain times of the year, and partially because I take the summer off to spend with my kiddo. But theoretically it's possible and I make $10/hr.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yes you do.


the only time you check with anyone about it is when you file the AOS (affidavit of support)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
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Yes you do.

the only time you check with anyone about it is when you file the AOS (affidavit of support)

well I'll need to check before everything gets started to make sure were on the right track.

another question hopefully on topic,

can my fiance apply for the k1 while I'm visiting?

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He doesn't apply for you.

He sends a petition.

Then when that petition is approved and sent to the consulate, you apply for the visa. Then you attend a medical (yes that needs to be in Canada) and the interview.

If approved at the interview they take your passport and eventually mail you back a package to give to the CBP and your passport with the visa therein.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
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He doesn't apply for you.

He sends a petition.

Then when that petition is approved and sent to the consulate, you apply for the visa. Then you attend a medical (yes that needs to be in Canada) and the interview.

If approved at the interview they take your passport and eventually mail you back a package to give to the CBP and your passport with the visa therein.

I was referring to the petition. I'm aware the interview and medical takes place in Canada. I know that I the. Apply. That's not what I'm asking. I'm asking if I'm allowed to be in US when he petitions. After I posted I looked at the form he uses to petition and it said something about the I94 (I think that's what its called). But not sure if that's necessary while in Canada. If you have any links to the US website with factual info I'd appreciate it. I find it overwhelming to consistently search their websites and find no relevant answers to my questions

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Yes he can send the petition no matter where you are. You don't normally get an I-94 as a Canadian but you can search for it online if you choose. https://i94.cbp.dhs.gov/I94/request.html

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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The only reason I correct semantics like that is for when other people look up the process or try to help you. I get what you meant but a new person may not or a random off the internet may not. It's important, IMO, to get the terminology correct. I don't do it to be a jerk.

Chances of you finding out things on the "official" websites is slim, that's why places like VJ were invented so we can help people who want to do it themselves. Someone else's trial and error has helped us figure out how the process works, even when it changes.


And I apologize that I was caught up in terminology vs answering the question. I thought I had but I was on my phone and sometimes I'm distracted. :)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
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The only reason I correct semantics like that is for when other people look up the process or try to help you. I get what you meant but a new person may not or a random off the internet may not. It's important, IMO, to get the terminology correct. I don't do it to be a jerk.

Chances of you finding out things on the "official" websites is slim, that's why places like VJ were invented so we can help people who want to do it themselves. Someone else's trial and error has helped us figure out how the process works, even when it changes.

And I apologize that I was caught up in terminology vs answering the question. I thought I had but I was on my phone and sometimes I'm distracted. :)

That's true. I just didn't know about the I94 because on the petition form it asks if your fiance is currently in the states and if he or she is, to list the I93 number. So it kind of confused me

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As Canadians it's not something we generally have to worry about. LOL I think my daughter has more stamps in her passport from coming to visit than most people do! Somehow she always manages to get a stamp with an exit date.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Canada
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NLR is answering all of your questions so I'm not going to add to the information she has already shared. But I will encourage you to take some time and read through the forums here. The information here is way more helpful than anything on the government sites. You keep asking for reference from the immigration sites but the information on the forums here is what helps people to get through the process more effectively.

The numbers are what they are for the poverty guidelines. His $28k salary is way more than necessary for just the two of you.

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

Good luck with your journey. Make yourself comfortable here and ask lots of questions and do lots of research. You'll be pleased with what you find!

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Filed: K-1 Visa Country: Canada
Timeline

NLR is answering all of your questions so I'm not going to add to the information she has already shared. But I will encourage you to take some time and read through the forums here. The information here is way more helpful than anything on the government sites. You keep asking for reference from the immigration sites but the information on the forums here is what helps people to get through the process more effectively.

The numbers are what they are for the poverty guidelines. His $28k salary is way more than necessary for just the two of you.

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

Good luck with your journey. Make yourself comfortable here and ask lots of questions and do lots of research. You'll be pleased with what you find!

The reason I ask for sources from government websites is because some of the information I've been told on a forum doesn't match what the immigration actually needs. So it would be smart for me to do my research. I found the federal poverty guideline requirements from the immigration site. This site seems fantastic for experiences

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The reason I ask for sources from government websites is because some of the information I've been told on a forum doesn't match what the immigration actually needs. So it would be smart for me to do my research. I found the federal poverty guideline requirements from the immigration site. This site seems fantastic for experiences

I have been on VJ for over 10 yrs now and this is a great resource. Yes 1 should always check the Government resources, nothing wrong with that. You will probably find things a bit clearer in the Guides, in the k1 or cr-1 forums..whichever route you choose to go. Many, once they find VJ....go by those guides.....The Mods make sure they are correct...You will find the process itself is fairly straight forward...its the waiting that sucks..best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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