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Katreine Cenide

K1 visa petitioner is a full time student and currently unemployed at the moment.

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I was just wondering what sort of documents my USC fiance would need if he is currently a student and has been out of work since July 2013, he has been working for 8 years in the US but decided to go back to school. We are planning on filing the I129 before he goes back here in the Phils this July. (He's Filipino as well). LOL . I am very worried about the AOS because he does not have any recent pay stubs or ITR's. Although he has assets which would amount to more than 2x the poverty guidelines for a household of two (own house, own car, 3 bank accounts) and are planning on using them instead. Co sponsorship from his step dad who is well above the poverty guidelines is one of our options as well. Another option would be to look for a part time job that could hopefully fit his very hectic university schedule, however, if he hypothetically gets a job this May, we assume that the pay stubs he'd receive up until the planned submission of the i29 for this July would not be enough.

That being said, I have a few questions:

1.) Would his current unemployment and status as a college student affect our chances of the visa being approved?

2.) And would it also be a good idea to mention to the CO during the interview (if the i129 gets approved) that he is currently a full time student which is why he is unemployed at the moment?

3.) Would his assets suffice as his AOS? I'm still not sure about the co sponsorship issue here in USEM. But his step dad is very willing to share sponsorship. :(

4.) Are CURRENT W2's and ITR's really required for the AOS? Can't he use the ones from his previous work a year or two ago?

5.) Is current employment status an issue for the approval of the petition or denial of the visa itself? Being he is a FULL TIME college student, and unemployed, BUT self sustaining and NOT under any form of government assistance.

I would really, really, appreciate any answers or even ideas with regards to this matter. CheersxMabuhay! :sleepy::luv: -K

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He needs to meet the poverty guidelines, have three times the guidelines in assets or get a joint sponsor.

He will always have to show proof of filing taxes for the current year or if exempt, give a statement as to why he was not required to file taxes.

The reason he does the AOS is to ensure you, his foreign spouse will not be a liability to the US government and that's why he needs to show proof of income or assets.

I feel the same way as you. I know I will always pay my own way and never expect anyone else to pay for me but that doesn't matter to US immigrations, rules are rules. ?


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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He needs to meet the poverty guidelines, have three times the guidelines in assets or get a joint sponsor.

He will always have to show proof of filing taxes for the current year or if exempt, give a statement as to why he was not required to file taxes.

The reason he does the AOS is to ensure you, his foreign spouse will not be a liability to the US government and that's why he needs to show proof of income or assets.

I feel the same way as you. I know I will always pay my own way and never expect anyone else to pay for me but that doesn't matter to US immigrations, rules are rules. ?

I believe he has more than the guidelines in assets but you have a very valid point. Those tax notes are very important indeed. Thank you so much for your response.

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I believe he has more than the guidelines in assets but you have a very valid point. Those tax notes are very important indeed. Thank you so much for your response.

USEM does not accept assets, you will need a co-sponsor to meet the income requirements, and that is IFFY with USEM and the K-1 visa.


Hank

"Chance Favors The Prepared Mind"

 

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There is nothing you can do about it short of the two of you marrying in the Philippines and he files a CR-1, whereupon the USEM is now required to take a cosponsor. Done deal.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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There is nothing you can do about it short of the two of you marrying in the Philippines and he files a CR-1, whereupon the USEM is now required to take a cosponsor. Done deal.

I guess this is another option to look into as well. Considering he will be staying here for a month or so this fall. Thank you for the response! I will look into this some more.

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I guess this is another option to look into as well. Considering he will be staying here for a month or so this fall. Thank you for the response! I will look into this some more.

Your welcome. Start your journey here: http://manila.usembassy.gov/marriage-to-a-us-citizen2.html


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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