I-864 general questions

[Chevriaines 0]

Hi all,

 

I hope I am posting this in the right place (very new to forums). 

 

First of all, I am trying to plan ahead so I know what my options are and what I will need to do when I am ready. 

 

Here is the overall situation currently: I have been in college for the last year and a half and will be graduating next weekend. One concern is of course my current income as I have been working 4 different part time jobs around the campus; over course, my prior years' W2s have been well below the poverty level. I have one seasonal summer job (part-time, minimum wage/24 hrs/week) and still lining up one or two other part time summer jobs as well to help just cover my own expenses. Since I am in the teaching field, I might be waiting to hear back for interviews until near the end of summer. Best case scenario, I get offered a full time job that we'll say pays $22,000/yr starting in September. My student loans will come due around November (in 6 months). 

 

Question 1: Do those student loans make me go against me and my income?

 

Question 2: Should I wait until I have potential full-time job in September before considering filing the I-130? or

 

Question 3: Am I still better off having a co-sponsor and go the I-864 and start filing the I-130 as soon as we actually get married (probably sometimes in July after taking care of other personal matters)?

 

Thank you everyone in advance for your advice.

[GreatDane 366]

20 minutes ago, Chevriaines said:

Hi all,

 

I hope I am posting this in the right place (very new to forums). 

 

First of all, I am trying to plan ahead so I know what my options are and what I will need to do when I am ready. 

 

Here is the overall situation currently: I have been in college for the last year and a half and will be graduating next weekend. One concern is of course my current income as I have been working 4 different part time jobs around the campus; over course, my prior years' W2s have been well below the poverty level. I have one seasonal summer job (part-time, minimum wage/24 hrs/week) and still lining up one or two other part time summer jobs as well to help just cover my own expenses. Since I am in the teaching field, I might be waiting to hear back for interviews until near the end of summer. Best case scenario, I get offered a full time job that we'll say pays $22,000/yr starting in September. My student loans will come due around November (in 6 months). 

 

Question 1: Do those student loans make me go against me and my income?

 

Question 2: Should I wait until I have potential full-time job in September before considering filing the I-130? or

 

Question 3: Am I still better off having a co-sponsor and go the I-864 and start filing the I-130 as soon as we actually get married (probably sometimes in July after taking care of other personal matters)?

 

Thank you everyone in advance for your advice.

What was your 2017 income?

 

Student loans aren't taken into consideration.

 

When starting out a co-sponsor is always a nice thing to have if you have someone who is willing to be. It helped us when I was still finishing my last quarter of school to be guaranteed that our income was over the threshold. 

[Ryan H 3,796]

Answers:

• No
• Don't wait on a job to file your petition, given current wait times, your job situation will probably work itself out before the time comes to submit the I-864.
• The I-864 is not filed at the same time the I-130.  As for the semantics, joint sponsor is the proper term when referring to the I-864, not co-sponsor.

[pushbrk 12,230]

4 minutes ago, Ryan H said:

Answers:

• No
• Don't wait on a job to file your petition, given current wait times, your job situation will probably work itself out before the time comes to submit the I-864.
• The I-864 is not filed at the same time the I-130.  As for the semantics, joint sponsor is the proper term when referring to the I-864, not co-sponsor.

These are the correct answers to your questions.  By the time you submit the I-864 and it is decided upon at interview, you will likely be working for 6 months or more.  No reason to delay filing the I-130 package.  Start by becoming an A-Student of the I-130 and I-130a instructions.  Doing so will be critical to your ultimate success.

[pushbrk 12,230]

11 minutes ago, GreatDane said:

What was your 2017 income?

 

Student loans aren't taken into consideration.

 

When starting out a co-sponsor is always a nice thing to have if you have someone who is willing to be. It helped us when I was still finishing my last quarter of school to be guaranteed that our income was over the threshold. 

2017 income will not determine qualification in this case.  The petitioner will be "Employed" by the time the I-864 is submitted.  No liabilities except an IRS tax lien are considered.  Joint sponsor is the correct term for an immigrant visa case.  We use the term co-sponsor in K1 visa case discussion for convenience but it is not correct either.  Additional sponsor is the actual description.

 

[Chevriaines 0]

Thank you all so much! I am still learning the terms. Much of this is like learning a new foreign language. I'll be an expert by the time it's over *laugh*

Additional sponsor. I think I understand now why that is the preferred  wording.

 

My income has been pretty low while in school despite working the 4 different jobs--just enough to get by, pay bills, pay for gas for the commute. That's why I was so concerned. At least this one less part of the process to be overly concerned about. I'm most relieved to hear that the student loans won't adversely affect this.

 

By the sounds of it, as soon as we can marry (hopefully July or June if things go smoothly), file that I-130. I had planned to fill it out pretty much ahead of time as much as possible so it would be ready to mail out asap. 

 

Again, thank you thank you for the quick responses!

Edited May 5, 2018 by Chevriaines
typo

[NikLR 13,220]

The consulate in Montreal is pretty easy going.  While they will require the I-864 from you, and any joint sponsors at interview, they aren't sticky for having the past 3 years over the poverty guidelines.  When I immigrated to the US in 2013, my husband didn't make over the poverty guideline in 2012 (or 2010) according to his tax return.  However, his current income, coming from the same job in 2012, was well over at time of interview.  We provided evidence of current income with pay stubs at interview and didn't worry about the 2010 since he was deployed for 6 months and wasn't required to pay taxes on that income. 

Edited May 6, 2018 by NikLR

[Chevriaines 0]

16 hours ago, NikLR said:

The consulate in Montreal is pretty easy going.  While they will require the I-864 from you, and any joint sponsors at interview, they aren't sticky for having the past 3 years over the poverty guidelines.  When I immigrated to the US in 2013, my husband didn't make over the poverty guideline in 2012 (or 2010) according to his tax return.  However, his current income, coming from the same job in 2012, was well over at time of interview.  We provided evidence of current income with pay stubs at interview and didn't worry about the 2010 since he was deployed for 6 months and wasn't required to pay taxes on that income. 

This all very great information regarding income and poverty guidelines. Thank you! Also, I hadn't considered needing to have my joint sponsor with me at an interview, but that makes sense that they would need to be. 

 

As I am still pretty new to all of this and trying to learn as much as I can before I start into the paperwork aspect, I apologize about asking this question. You mentioned the consulate in Montreal in your post. My question is, if you happen to know, do you have a choice in which consulate you report to, or is that something that will be determined to you by the powers that be? 

 

I was also looking around on the site and hadn't been able to locate a listing of the various consulate locations or even a link in the FAQs, but it's possible I may have overlooked it. This question is more of a general inquiry to anyone who might know if I wanted to find a listing of the consulates, where would I find them--or again, would it even matter if where you go is already determined for you?

 

Thank you!

[payxibka 10,044]

Your Joint Sponsor INFORMATION not the joint sponsor in person

[Chevriaines 0]

1 minute ago, payxibka said:

Your Joint Sponsor INFORMATION not the joint sponsor in person

Oh thank you! I'm sure she would have gone if needed

[pushbrk 12,230]

Only one Consular Immigrant Visa Unit in Canada, Montreal.  Only India has two IV units.  Some countries have none, and need to travel to another country to interview.

[Ryan H 3,796]

56 minutes ago, pushbrk said:

Only one Consular Immigrant Visa Unit in Canada, Montreal.  Only India has two IV units.  Some countries have none, and need to travel to another country to interview.

 

As of one month ago, India went down to 1 IV unit (Mumbai).

[pushbrk 12,230]

11 minutes ago, Ryan H said:

 

As of one month ago, India went down to 1 IV unit (Mumbai).

Good to know.

 

[NikLR 13,220]

5 hours ago, Chevriaines said:

This all very great information regarding income and poverty guidelines. Thank you! Also, I hadn't considered needing to have my joint sponsor with me at an interview, but that makes sense that they would need to be. 

 

As I am still pretty new to all of this and trying to learn as much as I can before I start into the paperwork aspect, I apologize about asking this question. You mentioned the consulate in Montreal in your post. My question is, if you happen to know, do you have a choice in which consulate you report to, or is that something that will be determined to you by the powers that be? 

 

I was also looking around on the site and hadn't been able to locate a listing of the various consulate locations or even a link in the FAQs, but it's possible I may have overlooked it. This question is more of a general inquiry to anyone who might know if I wanted to find a listing of the consulates, where would I find them--or again, would it even matter if where you go is already determined for you?

 

Thank you!

All K1 and immigrant interviews are done in Montreal.  Other visa types can be done at other consulates across the country but if you're immigrating, that's where you have to interview.  Your joint sponsor definitely does NOT need to go to interview.  Even the petitioner does not need to be there.  Only the beneficiary is being interviewed.