Money Be An Issue?

[TheResistance 6]

The second to last thing I need is some person I never met to tell me I can not be with my fiancee.

Since I was laid off after 15 years, my credit went from 800s to 300s. I used my 401k (now empty-ish) to pay rent. I am in default on school loans because I use every cent I have for the bare necessities and creditors hound me and plan to garnish my few bucks of wages because I can not find a real job. Am stuck as a temp contractor and I apply to places every week for three years. I owe on taxes for two years because I not make enough money for the government to milk me of my hard earned cash for their pockets. I do make more than the poverty rate scale, just I can not afford to pay those bills, nor the one from the ER this year has I have no insurance for doctors. I can take care of the two of us without paying the school loans, until I get a real job.

Will this government still have an issue with the VISA process?

[Boiler 48,079]

VISA is a credit car and I can see that could be an issue.

Visa well that depends, I self sponsored My I 134 so that was not an issue, YMMV.

[TheResistance 6]

Haha, thanks for the laugh. I am used to spelling it with capital letters.

[Anh map 2,098]

At some point the money owed the IRS may be an issue. Probably at the adjustment of status after marriage. If you've got a payment plan with them that is normally sufficient.

From what you say, you will need a joint sponsor. Not all embassies look at K1 joint sponsors favorably. What embassy will your finace(e) be going through.

Your credit score will not be a factor in the K1 process.

[uppercasedee 15]

At some point the money owed the IRS may be an issue. Probably at the adjustment of status after marriage. If you've got a payment plan with them that is normally sufficient.

From what you say, you will need a joint sponsor. Not all embassies look at K1 joint sponsors favorably. What embassy will your finace(e) be going through.

Your credit score will not be a factor in the K1 process.

Hi,

I hadn't heard about the unfavourable view of joint sponsorship before!

What embassies are bad for it???

[Anh map 2,098]

Hi,

I hadn't heard about the unfavourable view of joint sponsorship before!

What embassies are bad for it???

Not a problem in OZ (based on VJ members' experience)

[Penguin_ie 6,002]

You may not even need a co=sponsor, if you make over the poverty line, since USCIS doesn't care about your student loans and such, unless you have default judgements against you. As mentioned, make sure the IRS is either paid off, or at least a payment plan in place.

[Amhara 460]

Resistance - I am nearly in the same position as you are and I didn't have a problem.

You don't send your credit report to the USEM, so you don't need to worry about that. I highly doubt they pull your credit report during the interview stage. My credit stinks, my student loans are in default every other month, I owe federal income taxes. I sent my transcripts to my fiance in June and my installment agreement (where I pay $50 per month) didn't start until August.

I will post a link that says the USEM's can place less emphasis on the Form I-134 if your fiance is able to work. In theory, they are eligible for a work permit after arriving, but of course, that is a big waste.

In short, you should be good if you earn enough income as outlined in the I-134 requirements.

[Amhara 460]

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

(b) K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge.

The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

(http://www.state.gov/documents/organization/87391.pdf)

9 FAM 41.81 PN2 EVIDENCE OF SUPPORT

A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) (8 U.S.C. 1182) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.

(http://www.state.gov/documents/organization/87393.pdf)

[TheResistance 6]

Anh map,
I am on a payment plan with the IRS. A small one to not drain me too fast. Owe about 1300 left, form two years of them claiming I owe them (people should not owe governments)!!!! Next year, this president is going to bill be hundreds of dollars for not having health care!!
Even if I wanted a sponsor, I have no one.
She be going to Manila, Philippines.

Penguin_ie,
What do you mean defaulted judgments? I do have loans in default. Because my layoff in 2011 and no good jobs since, still playing catch up.

Amhara,
Do I need this form? I did not see it for the 129 requirements.
Yes, I pass their version of the income, although it is not what we call a "living wage" but I can support us.
Mam, that link you posted is confusing. Will try and figure it out.
Do I need any of those forms with the I-129F?

[Amhara 460]

Amhara,

Do I need this form? I did not see it for the 129 requirements.

Yes, I pass their version of the income, although it is not what we call a "living wage" but I can support us.

Mam, that link you posted is confusing. Will try and figure it out.

Do I need any of those forms with the I-129F?

I would suggest you complete the Form I-134 and supply supporting documents for the income you show. It only needs to be 100% of the poverty level, but then 125% at AOS level. You probably meet it. The form is not required at the USCIS level, so probably in what you are seeing as the "129 requirements", but here's something for the DoS requirements: (http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#9) and from the Manila embassy site (http://photos.state.gov/libraries/manila/1178798/infographics/AOS%206%20C%20as%20of%20031915%20new%20signature%20icon%20FINAL%20ICONS%20and%20TEAM-PA%20TEXT%20com___.jpg)

Yeah, I don't know how even $50,000 is a living wage anymore. Woulda been better to stay working in a warehouse than to have gone to school. I personally was lead to believe that I would start out earning $60,000 and go up over the years. Anymore, jobs in accounting want 3-5 years experience, a bachelors - preferably a masters and/or CPA all for the awesome salary of $45,000 a year. I'm like you: jaded, but have hope to get in a higher bracket soon.

Don't worry about those links. Those are from the Foreign Affairs Manual, which is the guidelines the DoS follows. You don't need them, but you can refer to them if someone says you need a co-sponsor and you are already 100 - 125% above the 2015 US poverty guidelines. I ready someone posting that the Manila embassy was not even looking at the affidavit of support, although I don't know if I would trust that information too much (especially since it's third/fourth hand information).

Edited September 25, 2015 by Amhara

[TheResistance 6]

Am I reading #5 right that the person coming in is only temporarily and will then leave?

Now, what happens if I before unemployed again? My wife then gets deported and we never see one another again (like I have money to fly across the world often)?

[Amhara 460]

Am I reading #5 right that the person coming in is only temporarily and will then leave?

Now, what happens if I before unemployed again? My wife then gets deported and we never see one another again (like I have money to fly across the world often)?

Technically, the K-1 visa is non-immigrant, but it has immigrant intension. So once your fiance enters, the visa is invalid. However, she is considered to have entered legally. As long as you two marry within 90 days and don't commit crimes, the chances of her being deported are slim to none. This is because she is married to a USC and she is considered eligible for permanent resident status. However, she won't actually be LPR until you two AOS. You don't need to AOS before the 90 days, but it's beneficial to do so. The medical she gets done is good for one year. If your AOS isn't sent in and processed before the medical expires, she will need to get another one at a civil surgeon office. Nothe sure how much that costs.

If you are unemployed again, you would probably need to wait to earn 125% above the poverty lines for that year to AOS.

Remember, your fiance can't work or travel outside of US without the proper permission. She could get denied re-entry if this happens. You can file those forms individually, though if that is needed. They just cost, but you might decide to do EAP without AOS after you two marry.

Anyone please feel to correct any errors in what I have posted here!

[Elizabeth+Fred 35]

VISA is a credit car and I can see that could be an issue.

Visa well that depends, I self sponsored My I 134 so that was not an issue, YMMV.

And since we're nit-picking.... make that a 'card'