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Filed: K-1 Visa Country: France
Timeline
Posted

We will be filing late since the I-94 expired yesterday.

 

We are contemplating filing this week with what we have, or hoping my brother will agree to co-sponsor and filing when he's back from his trip. Which would have us filing around 10/20.

 

If we file now (technically on paper I have enough with the I-865a from my son and child support) but I worry. I have a mortgage, a car lease, some debt from being a college student.

 

So is it a complete file now? Yes. But is it the best file it could be now? That all depends on the discretion of USCIS.

I don't know if my brother will agree to co-sponsor or not. I know it's a big ask but he's my brother. They have no children and are strong candidates.

The file will definitely pass muster with them added. I just have no way of knowing if he'll definitely agree or not. I *think* he will, but I can't be sure.

 

My question is this: If I file now with what I have, is it possible to add a co-sponsor to the file should USCIS decide it's not enough? 

Or would we have to file all over again and pay the fees again?

 

This is in addition to the questions I posted on the other thread:
 

Quote

Last questions while finishing up before we send out the packet:

 

Part 1, question 14 on Page 3 of I-485 asks: "What is your current immigration status )if it has changed since your last arrival)?

 

As the K1 and K2 expired yesterday, even though we got married in the 90 days, do we put "out of status" or do we put K1 expired, K2 expired?

 

Also, for size of household: 

I have 5 children. Due to the terms of my divorce, the 1 of the 2 children who actually live in my home and depend on me are *not* the 2 on my tax return.

I have 1 adult away at college, 

1 adult here who lives here, is not listed as a dependent and will be on the form as Household member and will also fill out I 865a. So I'll include him in the number.

2 high school seniors who do live here but only one of whom I claim. 

1 high school sophomore who lives full time with the other parent. He is listed on my taxes however.

 

So My self, my husband, my step-daughter, my son who will fill out I 865 a, and the twins are 6.

 

Yet my 15 yr old is on my taxes as my dependent, even though he doesn't live with me. It's just we split the tax-dependents 50/50 and so my ex put two and I put two. He's not actually a dependent. I make less than my ex and so I don't support him. My ex does. I support the twins and receive child support.

 

Or do I just include all and put down 8 as household size? 

 

Lastly: I've read different sites & videos that suggest writing a letter of explanation or including an explanation in the cover letter for late applications.

Should I do this? Just explain why it's a bit late?

 

Thank you all for your assistance!

 

K1 Visa Journey 💜

I-129F Package sent: 2024-05-27

NOA1 Received: 2024-06-06

NOA2 Approval: 2024-09-04

Physical NOA2 Received: 2024-09-15

Sent to State: 2024-10-25

NVC Received Case: 2024-11-19

NVC Case Created: 2024-11-19

Case In Transit: 2024-11-19

Medical: 2025-1-22

Interview: 2025-2-26

Visa in Hand: 2025-4-2

Flight: July 16 2025

Married: August 21, 2025

Posted
1 hour ago, Purple_Paladin said:

My question is this: If I file now with what I have, is it possible to add a co-sponsor to the file should USCIS decide it's not enough? 

 

Just file now. Asap. Urgently. With the current administration, there's no way I'd be waiting. 

 

If you're eligible and have enough income then get the application in, if they require a co-sponsor they'll tell you but that will come further down the line and it's not worth risking your husband being deported for. 

 

Good luck.

Filed: K-1 Visa Country: France
Timeline
Posted

OK, ty!

 

For the I-865, should I be filling it out once for both and printing it twice for each?

In Part 4: "Information about Immigrants you are sponsoring"

I click Yes for the Principal immigrant and then do I also click the one immediately after for "I am sponsoring the following family members immigratins at the same time or within 6 months of the principle immigrant in part 3"? I would think yes, but then it says "List family members in Items 4-7. Do not include any relative listed on a separate visa petition."

 

This part confused me. Do I do a completely separate I-865 for her? I had thought I'd just print twice the one, including both of them on it.

 

K1 Visa Journey 💜

I-129F Package sent: 2024-05-27

NOA1 Received: 2024-06-06

NOA2 Approval: 2024-09-04

Physical NOA2 Received: 2024-09-15

Sent to State: 2024-10-25

NVC Received Case: 2024-11-19

NVC Case Created: 2024-11-19

Case In Transit: 2024-11-19

Medical: 2025-1-22

Interview: 2025-2-26

Visa in Hand: 2025-4-2

Flight: July 16 2025

Married: August 21, 2025

Posted (edited)
18 minutes ago, Purple_Paladin said:

OK, ty!

 

For the I-865, should I be filling it out once for both and printing it twice for each?

In Part 4: "Information about Immigrants you are sponsoring"

I click Yes for the Principal immigrant and then do I also click the one immediately after for "I am sponsoring the following family members immigratins at the same time or within 6 months of the principle immigrant in part 3"? I would think yes, but then it says "List family members in Items 4-7. Do not include any relative listed on a separate visa petition."

 

This part confused me. Do I do a completely separate I-865 for her? I had thought I'd just print twice the one, including both of them on it.

 

I-865 is only filed when sponsor who previously filed I-864, moves addresses. Please clarify.

Edited by OldUser
Filed: K-1 Visa Country: France
Timeline
Posted
2 minutes ago, OldUser said:

I-865 is only filed when sponsor who previously filed I-864, moves addresses. Please clarify.

Good catch! I'm tired. 

It's the I-864 I'm speaking of. 

 

Also, in part 6 of this form, do I list my income twice in addition to my adult sons? 

 

The first part asks my individual income.

Then on 8-11 it says to list Sponsor's Income. The directions say to list any sponsors that will file the I-864a

 

So for example: Part 6 # 8
Sponsor's Employment and income:

8. Myself and my total income

and 9. My sons?

This would also allow my to write my income including the child support, as I don't see anywhere else to do this.

I'm including child support payments received as part of my income because the apply to how I support my dependents. 

I don't see where to include the monthly/yearly payments for that. I do not claim this on my tax forms because it's not required to claim child support as income. 

 

TIA!

K1 Visa Journey 💜

I-129F Package sent: 2024-05-27

NOA1 Received: 2024-06-06

NOA2 Approval: 2024-09-04

Physical NOA2 Received: 2024-09-15

Sent to State: 2024-10-25

NVC Received Case: 2024-11-19

NVC Case Created: 2024-11-19

Case In Transit: 2024-11-19

Medical: 2025-1-22

Interview: 2025-2-26

Visa in Hand: 2025-4-2

Flight: July 16 2025

Married: August 21, 2025

Filed: K-1 Visa Country: France
Timeline
Posted
17 minutes ago, Purple_Paladin said:

So for example: Part 6 # 8
Sponsor's Employment and income:

8. Myself and my total income

and 9. My sons?

I think I answered my own question on this one.

#8 would be my son's income and for child support I would simply include it in Part 6 #7 where I insert my annual income total.

Then I'll give the bank deposit receipts of my monthly child support as proof. 

K1 Visa Journey 💜

I-129F Package sent: 2024-05-27

NOA1 Received: 2024-06-06

NOA2 Approval: 2024-09-04

Physical NOA2 Received: 2024-09-15

Sent to State: 2024-10-25

NVC Received Case: 2024-11-19

NVC Case Created: 2024-11-19

Case In Transit: 2024-11-19

Medical: 2025-1-22

Interview: 2025-2-26

Visa in Hand: 2025-4-2

Flight: July 16 2025

Married: August 21, 2025

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
9 minutes ago, Moda25 said:

Someone should correct me if I I’m wrong but I don’t think child support is considered as income for immigration purposes.

Yes, it can be.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

 

"Item Number 7. Current Individual Annual Income. Enter your current individual earned or retirement annual income that you are using to meet the requirements of this contract and type or print the total on this line. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish an ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of ability to maintain that income. However, you may not include any means-tested public benefits as income for the purposes of meeting the income requirement"

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
23 minutes ago, Moda25 said:

Someone should correct me if I I’m wrong but I don’t think child support is considered as income for immigration purposes.

Some people also say that VA disability and non-taxed income cannot be used.....that is false.  Just make sure income can be documented. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Isn't this a bit of Groundhog Day?  You've asked about filing outside of the 90 day window, about your brother as a joint sponsor, etc in your previous threads.  Why start a new one with similar questions instead of continuing your others?

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Filed: K-1 Visa Country: France
Timeline
Posted
35 minutes ago, mam521 said:

Isn't this a bit of Groundhog Day?  You've asked about filing outside of the 90 day window, about your brother as a joint sponsor, etc in your previous threads.  Why start a new one with similar questions instead of continuing your others?

It's a different question with a potentially different outcome. If I've violated some posting etiquette, apologies.

I've read a lot of info over the past week and as I'm finishing up, I wanted to make sure it was as good as can be.

 

I'm incredibly grateful to all in this community who've taken time out of their busy lives and give advice/respond with helpful information.

 

K1 Visa Journey 💜

I-129F Package sent: 2024-05-27

NOA1 Received: 2024-06-06

NOA2 Approval: 2024-09-04

Physical NOA2 Received: 2024-09-15

Sent to State: 2024-10-25

NVC Received Case: 2024-11-19

NVC Case Created: 2024-11-19

Case In Transit: 2024-11-19

Medical: 2025-1-22

Interview: 2025-2-26

Visa in Hand: 2025-4-2

Flight: July 16 2025

Married: August 21, 2025

Posted
7 hours ago, Purple_Paladin said:

We will be filing late since the I-94 expired yesterday.

 

We are contemplating filing this week with what we have, or hoping my brother will agree to co-sponsor and filing when he's back from his trip. Which would have us filing around 10/20.

 

If we file now (technically on paper I have enough with the I-865a from my son and child support) but I worry. I have a mortgage, a car lease, some debt from being a college student.

 

So is it a complete file now? Yes. But is it the best file it could be now? That all depends on the discretion of USCIS.

I don't know if my brother will agree to co-sponsor or not. I know it's a big ask but he's my brother. They have no children and are strong candidates.

The file will definitely pass muster with them added. I just have no way of knowing if he'll definitely agree or not. I *think* he will, but I can't be sure.

 

My question is this: If I file now with what I have, is it possible to add a co-sponsor to the file should USCIS decide it's not enough? 

Or would we have to file all over again and pay the fees again?

 

This is in addition to the questions I posted on the other thread:
 

 

in the current administration you dont wait for i-94 expiry to happen. They can than send you NTA for overstay and you will go full circle around the court 

 

Just file the application before the  i-94 expires allowing for timely filing. If they think you need another sponsor, they could RFE but dont DELAY. file ASAP without delay 

duh

Posted
51 minutes ago, igoyougoduke said:

in the current administration you dont wait for i-94 expiry to happen. They can than send you NTA for overstay and you will go full circle around the court 

 

Just file the application before the  i-94 expires allowing for timely filing. If they think you need another sponsor, they could RFE but dont DELAY. file ASAP without delay 

I believe it already expired.  So, as OP was told in all of her prior threads, her spouse is now subject to deportation.

 
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