Brandon&Re

Bump. Anyone?

Hey Visa Journeys,

My name is Renata, I am from RJ, Brazil. Me and Brandon have known each other for a long time, he came down to visit me on my birthday and then spent 3 months in here with me. We fell in love like I never thought I would be able to love somebody. We applied for our K1 Visa and he went back to the US, when he arrived there, he asked his parents if they were willing to co-sponsor and they said yes. He didn't make enough money last year because he was working only part time because of college. After two months waiting for the Visa, Brandon bought my engagement ring, my wedding band and everything, we were preparing everything for the wedding, I had some money saved, he had some money saved and he was looking for a job, actually he had a job that was pretty much guaranteed, then we went talk to his family about the paperwork since our visa was getting approved soon. One more week goes by and nothing, his dad says hes going to work on it and does nothing finally he sits to talk to them about the visa and to ask what is wrong and what is going on, if maybe he could help them with details and stuff. That day they told him that they were not helping us, after making us wait for two months nothing could change their mind, they said no. Then we started asking everyone we know, he asked all his family members, friends, close friends, co-workers and EVERY single person we ever had contact to. All of them said no and the only two that were willing to do unfortunately didn't make enough last year or don't make enough now.

So we talked about our options and then we decided that we could maybe try living in Brazil, he returned the rings, bought a plane ticked and did all he could to be able to get in here. Brandon doesn't know any Portuguese but I could try working hard and living with my parents until we can do something. He arrived here, August 8th and we started the paperwork for our marriage. My parents were never happy with each other, they fight all day, almost every day, my mom is unhappy and makes our lives a hell. I always lived in this battlefield and I wasn't happy in here but I was okay with this situation. When Brandon 1st came down they were calm and I thought things were going to be okay but now that he came down for real, they are fighting every day. Because of this we tried to talk to his parents and friends again, we tried to explain the situation I go through and hope that maybe somebody would understand and help. Since we knew that his parents wouldn't do the I-864 we tried to talk to them and convince them to help just with the I-134 (which is not a legally binding contract) so that I could get my visa approved then Brandon could go back find a job and I would fly there only after that. I work with YouTube videos and I get paid over the internet so no matter where I am I can still get paid so that would also help us in the US. I have up to 6 months after my visa gets approved to fly there, then by that time i would have some more money saved and he would have a job, then I would arrive there, get married and wait out of status until he could file his taxes and sponsor me himself for the I-864. We talked to a few lawyers, we got all the evidence to prove to them that they wouldn't be signing a legal contract, we showed them all our plans and how much we would have saved by then, but they went to a different layer and they said that nothing we said and nothing in visa journey is true and simply denied us again. Now his mom doesn't even talk to him anymore. Today after one more fight from my parents, things went really bad, my dad beat my mom, he said he is leaving tomorrow and my mom is a teacher but she doesn't make enough to keep our house and everything. I really don't know what will happen to us. Our wedding day in Brazil is set already and also my visa interview is still set for October 18th. We got a friend that might be willing to help but he has two kids and last year he was still married, last year he made barely 20k but now he has a great job and makes around 4k a month. He can get a work letter but since they ask for the past W2 I don't know if he would be qualified.

So guys, I am desperate, I never had health problems and in the past week Ive been through so much stress that I went to the hospital with tachycardia and high blood pressure, and I am only 23. Brandon never got any help from the government, he can get a job easily if he goes back there (our friend can get him a job) and I can keep my job from the Brazil. I don't want him to live in this place, I love my country but the life my parents live is not a life, its surviving only, they have no respect for each other and nobody can be happy in here. All I ask from you guys is if anybody, from the US, that ever went through something like that could help us, that would mean the world. We only need someone for the I-134. Please guys, I have a YouTube channel that anybody can check and see that I've been working with that for years, I can give you guys all my documents and Brandon's documents, we never committed any crimes and I never ever got my bills late. If anybody out there would be willing to co sponsor for the I-134 only which is not the legal one, that would change our lives. We are desperate and I believe that maybe someone out there could help.

Thank you very much,

Renata P. da Silva

Hey VJers,

So we might have found a co-sponsor but it's kind of a sticky situation. Last year he claimed himself, his wife and his 2 kids on his tax return but his wife was the one who mostly worked so he barely made over 20k himself. Now he is divorced but he got to keep the children, but he got a new job that makes way above the poverty line, do you think this will be good enough to cover for the I-134 affidavit of support, I heard that they mainly just look at current income as opposed to past income. Any help would be greatly appreciated.

Thank you very much,

Brandon and Renata

Hey VJers,

Back again asking about this form... I just have some simple statements and questions, as my parents are very concerned about being a co-sponsor for me. Is the I-134 legally binding? I know there is the law that was posted in another thread, I personally called 2 lawyers and they both said it was, are they wrong?. My parents also said that the lawyer they talked to said it was a contract. Well here is the deal, we would like my parents to co-sponsor for the first affidavit then we will go back to the US while I try to get a job (since I attend college online now, I was previously a student full time) and then when I can support her myself, do the I-864 affidavit.

My questions are can she be out of status in the US while I get a job to sponsor her by myself? Are my parents legally responsible for anything that happens to her until we get the I-864 filed? The lawyer my parents talked to said that since my dad is part-owner of his company the gov't could go after the company and any other part-owners, is this true? Also, say things didn't work so well after we get married and we end up divorcing, what happens with the affidavit, are my parents still held responsible? Also, if anything what could my parents be responsible for, I was told she can't receive welfare or food stamps, so what about hospital bills or pregnancy? What if something happens while she is here out of status?

Her interview is set for October 18th so we are trying to get things figured out as soon as possible. I know most of these questions are probably repeats and beating a dead horse, but I just want some proof.

Thank you all for your help,

Brandon & Renata

Hi,

I was wondering what material my fiancee will need at the interview in Rio for a K-1 fiancee visa, I heard something about packets 3 & 4 ?????

I was told that Rio consulate does not send packet 3 anymore, but here is a link to all of the information that you need:

http://brazil.usembassy.gov/interview/forms-for-fiancee-visas.html

Boa Sorte!

No. The I-134 asks for CURRENT annual income. Current means today, the day you sign the form. If you had an income of $22,000 in 2010 and that is what is on your tax return, and you got a new job last week that pays $63,000 per year...what is your "current annual income" today? $63,000.

You would attach your last years tax return and proof of current income (chec stubs, employment letter, etc.) At MOST consulates, current income rules the day.

If a sponsor/co-sponsor had income that is not claimed on taxes (workman's comp, child support, military combat pay, etc) you can claim that also and attach proof of the income along with your tax return.

So how does a self-employed person show current income, he said the company is LLC. Do you think that last year's tax return will be good enough?

A co-sponsor must provide a completed I-134 form with verification of all income. IF his business is a sole proprieterhip or S corp. this can be copies of his tax returns with all schedules and attachments OR a tax transcript. The useful income number is line 22 from his PERSONAL income tax return. He cannot qualify on business income, the business is not sponsoring anyone.

IF his business is a corporation and files a separate return and he is, actually, an employee of his own corporation, then he would have a W-2 and a normal 1040 tax return.

A co-sponsor also needs to provide proof he is a US citizen OR Legal Resident.

He is not a "joint sponsor" for a visa. There is no such thing as a "joint sponsor" for a visa. He is a CO-sponsor. A co-sponsor must have income sufficient to support himself, your fiance(e) and any other dependents he may have.

His income is NOT combined with yours, it must be sufficient on its own. A "joint sponsir" would have his income combined with yours, this is not allowed for visas.

A "joint sponsor" can be used with the AOS and the incomes can be combined IF people are in the same household.

Okay, I just wasn't sure if a tax return would be sufficient enough, I meant co-sponsor I was just reading the I-864 while typing so joint sponsor was in my head. Here is another question then, if the person is self employed recently but his tax return is for a job he had, does this make him ineligible?

Hey VJers,

The joint sponsor I am going to use is self employed, what all does he need to send to me as proof, just his W-2 or transcript from the previous year?

Thanks

Anyone? Is it possible for us to go to the US on I-134 and then me get a job and show with paystubs enough to make for it I-864 or does it absolutely require tax returns?

Thanks

Maybe I should have clarified, I am the USC.

Hey VJers,

My fiancée and I are having troubles finding a sponsor, we thought we had one but I think they might be starting to back out. I have a friend who barely makes above the poverty line, my question is can he do the I-134 which is not a legal bind if I am correct, and is it possible for us to go back to the US and me get a full time job (as I'm unemployed and in Brazil) and show that I am making so much a month to pass the I-864, or do you have to have tax returns for like 2 years to show proof?

Thanks in advance,

Brandon

There are only two cases where more than one joint sponsor is allowed. If the joint sponsors live with each other as qualifying household members, or one is a dependent of the other for tax purposes, then the sponsor can sign an I-864 and the household member or dependent can sign an I-864A to combine their income with the sponsor. The second case is if there are multiple immigrants being sponsored, in which case two joint sponsors can be used and they can split the immigrants between them, one joint sponsor sponsoring some of the immigrants and the other sponsoring the rest.

If neither of the above scenarios apply then you have to pick only one joint sponsor.

The law requires three tax returns or transcripts with an I-864 (INA section 213A), but the law also gives DHS or DoS the discretion to accept only one. As a matter of policy, both DHS and DoS will usually accept only one tax return or transcript if it shows clearly sufficient income, and income for previous years indicate a good likelihood that their income will continue to be sufficient. A bankruptcy is usually not a problem, as long as they don't also have a tax lien. A sponsor who is very close to the threshold, and who did not meet the threshold in previous years, might not convince the CO that they will capable of meeting the "public charge" requirement. They will consider the likelihood that the sponsor's income will continue to qualify for the foreseeable future.

Thank you very much for all of the information, it's very helpful!

Hey VJers,

I thought there was a forum for Affidavit of Support questions but I couldn't find it, anywho, I have 2 people that said they would be willing to sponsor, both are just barely over the 125% poverty line can I add both of them to the I-864 for added security? Also one of them filed for bankruptcy in the past but it has been cleared up will that effect anything? One last question, how far over the poverty line do you have to be, my friend made just a couple hundred over the 2 person 125% line will that still be okay and it was only this past year, how many past tax returns do they usually require?

Thanks,

Brandon & Renata

Thanks everyone for all the replies, we are just going to continue with the K1 visa, her interview is set for October 18th!

If you were to marry your fiancee and withdraw the K1 petition, then you could file right away for the CR-1. There is no time restriction in that scenario.

What about direct consular filing? And if we filed for CR-1, do we have to wait an entire period again for it to go through USCIS and the NVC?

There is no legal penalty for cancelling.

I read somewhere that you have to wait 2 years after a petition is approved to file for another one.

Hey VJers,

It's been a while since I posted after we decided to cancel the petition. Well I kept putting it off and I think it payed off because we might have found a sponsor. Our petition was sent to the consulate in Rio on August 8th but I've been in Brazil so I never received any mail at home, but my fiancee hasn't received anything here either yet. I was curious if anyone can help me with what happens now, I emailed the consulate about an interview date and am awaiting a response.

My second question is can I cancel this petition and since I am here in Brazil, us just get married here and then file for a CR-1 or is there some kind of penalty for cancelling?

Thank you very much in advance,

Brandon & Renata

Thank you everyone for all of your support and wishes. I had thought about maybe just going through with the visa and using the trip I planned as another visit for more proof, thinking maybe something would come around that can be a cosigner for the Affidavit, as that is what is holding us back. But I'm not sure if the risk is worth it to possibly never be able to petition again in the future. Can I maybe get some more opinions on this?

Thanks

Oh it's not a problem between us at all, we just don't have any support in the US, so I'm going to move to her instead.

Hey fellow VJ'ers,

Good news is we were approved today.

Bad news is I need to cancel because we aren't going through with it anymore. If anyone has any info as to how I can go about doing this please let me know.

Thanks.

Thanks everyone for all the information, we have been reading everything on what I would need to bring for the residency. I do have a basic knowledge of portuguese, I have rosetta stone and have been studying it a lot plus my fiancee helps me. Tricia, how are you and your husband holding up, which is the USC and how is everything working out? I notice that your local office is Cleveland, I actually live in Brunswick about a half hour south of cleveland, crazy coincidence. Thank you once again for everyone's help, I truly appreciate it.

-Brandon

Hey guys, so my fiancee and I filed for the I-129F in April but we ran into a snag where my parents will not sponsor her and I don't make enough by myself due to school. Since that isn't going to happen, we have decided for me to actually just move down there, get married, and apply for a permanent visa for myself for Brazil. My questions are has anyone ever done this before? What happens as far as US taxes go, I read since I'm a USC my world-wide income is accounted for, but I will not be able to work for probably a year or 2. Also, will she ever have a chance to come here without some form of sponsor, mostly because even if I do find work in Brazil, will they accept that as income above the poverty line? Oh I forgot what do I have to do to cancel my petition with USCIS?

Thanks everyone in advance, I really appreciate all of your help.

P.S I didn't know which topic to put this in so feel free to move it if it's the wrong one.

-Brandon

Edit: Added last question.

Congratulations, and might I add those people at USCIS can be rude. I called and to check the status of mine just because I'm curious and she told me the processing time is 6 months and that it can't be approved right now, and I said that a lot of people on here we're being approved fairly shortly and she came back with "Well those cases have nothing to do with yours", I said well I just wanted to get the status on mine, but thanks for your help and she hung up on me. Is it really that big of a deal to get the case status, or am I just being outlandish?

Thanks,

Brandon

Hey all you visa journey members,

I just had a quick question about the medical exam prior to the interview, we are pretty sure that my fiancee has HPV and she was wondering if they are going to either fail her exam or deny her visa because of it, does anyone have any experience with this situation?

Thanks,

Brandon

April filer here as well, NOA1 on 4/19/11. Good luck guys and God bless!