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Posted

My fiance and I have a couple of questions... 

1. I have been told that two things will be used to determine if I meet financial requirement for sponsoring my fiance; previous tax records as well as current employment records like pay stubs. This is my current situation: I am making just under the required amount of the 125% poverty level put forth by the HHS. I am currently in search for a new job as I will be moving within the US soon. With the move, I expect to make much more than the required amount. He and I would love to file for a fiance visa next year (2019), but we are not sure if I can make up the difference between now and the end of the year, (as finding a job in time to earn the money is the issue). My question is.... if I can find a 30 to 35k salary job (about 21k is required), and I hold that job for several months, can a letter from my employer proving to the immigration lawyer be enough? or will we need to wait for me to work the entire year and filing for next year's taxes, then file for visas in 2020? The last online lawyer I talked to said that I can use a letter along with my last year's taxes, but if I cannot meet the requirements this year before end of December, could that letter, along with my pay stubs, be enough to prove my ability to financially sponsor him?

2. My fiance is coming to visit this December. We have read that anyone that comes into the country on visitors visas, or tourists visas, etc. have a difficult time having fiance or spousal visas approved. We want to know if he comes in December for just under two weeks and then returns to his home country, if we will run into issues several months down the line (mid 2019). We are unclear if its entering the country on a visitors/tourist visa then marrying while here, then adjusting (we know this causes issues because its entering the country under false intentions)... or if its even just having a tourist/visitors visa, going back home, then applying for a fiance visa.  He will not be entering the country on a tourist/visiting visa with the intention of marrying me or adjusting to the fiance visa. He is coming just for a visit, and then he will go back home and then we want to file for the fiance visa. Common sense says him visiting in december will not be an issue since he will be going back home and of course, before filing, you have to have been together/meet within two years. But this scared us, and we just want to cross our T's and dot our I's before moving forward! :)

Thank you for the help in advance!!! 

Filed: AOS (apr) Country: Canada
Timeline
Posted

1. technically a current letter of employment and pay stubs SHOULD suffice, but it depends on the consulate and the CO. Some consulates are more of a pain in the rear. You may want to have a joint sponsor lined up just in case they decide to be nit picky.

2. Visiting here on a tourist visa is no problem for (most). Though your fiance needs to have strong ties back to their country. My fiance comes down from canada every 3 weeks. When you are speaking of coming on a tourist visa, marrying, then adjusting, that is immigration fraud if you have the intent to marry and stay when entering.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

Filed: AOS (apr) Country: Canada
Timeline
Posted
1 hour ago, Mabelann said:

No no. That was not our intentions. We haven't met yet, so he was coming here in December for Christmas. Then he plans to go back home until we are ready to file for the fiance visa. He has a job and has his immediate family he wants to say goodbye to, etc. No intention of marrying on this visit under a tourist visa. Thanks!

just so you know, some countries are easier/harder to get a tourist visa than others and while the minimum meeting is one time within 2 years of filing, some consulates unofficially require more . you dont mention where he is from so just throwing that out there.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

 
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