amazngrace

When you divorce dont both parties have to be present in court? He cant come here....?

Either you or he files for divorce. it's that simple. Depending on your state there may be a waiting period. But basically you follow the laws of wherever the divorce is filed, and you can file it in the state you're living in now, or he can where he is.

Basically if you're in agreement it's as simple as you filing, sending the papers to him to sign. Waiting the appropriate time period and bam, divorced.

Ok understood thank you for the help. i do understnad we have to legally end our marriage my question is can we do an annulment or do we have to divorce and what is the process i and he need to be doing?

It doesn't matter, you are married in Germany you are married in the US. You do not need to report it to anyone and chaning your name, or lack there of, doesn't matter either. If you wish to disolve the marriage you need to legally do so

Good luck

I am a USC, I married a Cameroonian in Germany who is there studying with a student visa. We were married Febuary 2011. I have not seen him since and he has never been to the U.S. ever. even prior to our marriage. Through our visa process we started having promblems and have since decided to go our own ways. We have canceled his visa, as he will no longer be comming here to join me in the states. I am searching for information on wether a divorce or an annulment is needed. what do I do here and what does he do there? Also I was told once I was married and returned to the U.S. i was supposed to report my marriage to someone? i never did that? does it matter? Also, I never changed my name, if that matters? Please any help or direction would be greatly appreciated!

Blessings, Heidi

What kind of disability? Can you be a little more specific?

I think it is social security dissability? What types are accepted/not accepted?

I am having some difficulties finding a co-sponsor. However, I have found one who meets the poverty guidelines, but am unsure her income is acceptable? Is dissabilty accepted as income for an AOS? I have looked and looked and I have seen yes and I have seen no...so which is it? I have looked through the government site also and it is not specific eneough to answer my question?

Thank you in advance for all your help and suggestions, God Bless

I finally got a response back from Frankfurt Embassy and they told me:

"In regard to your question about qualifying for an affidavit of support, if your 2011 W-2 and IRS 1040 show that you earned at least $18,387 at the same job that you had in October, 2011, you can scan and email, or fax, it to us. That would qualify. Your joint sponsor did not qualify because part of his income was from unemployment benefits, which cannot be used in this context."

So with that being said, I do have the same job as I did in October 2011. However, the highest amount reflected on my taxes is obviously the adjusted gross income which is 15,840. I would assume from what they wrote to me that the $18,387 that is required of me would be before taxes...right?

Another question if I may....Once in AP is additional proof of a bonifide marriage ever allowed if the marriage is under investigation or is though to possibly be a fraud?

As always thank you in advance for all your suggestions and help you offer, God Bless

Is there a better way to contact the frankfurt embassy other than email...? Or quicker way to get answers i should say? the suspense is killing me waiting a week or more between emails. At this rate it will be next year before i know the next step to take, and he has already had his visa interview!

I had been unemployed for close to 5 years and supported by my husband. When he went to Algeria for visa and waiver processing, I was the sole sponsor. I had just graduated and worked at my job for well less than a year. We used his income because he was employed with an EAD. I submitted a salary verification letter from my employer with my hire date, three years of previous tax returns(with his income), and 3 months of pay stubs at current pay rate. It was accepted without a co-sponsor.

thank you for shaaring your experience. i wish i could incude my husbands income but i cant as it will not continue once he arrives in the u.s. and also it is low because he is a student and only permitted to work so many hours.

The last 11 months is not consistent enough, they want three years to show longevity. They will probably just take your info wqithout a co-sponsor after another year or two. Did you file for 2011 yet?

yes i have filed already....but a few years no way i am waiting a few years we are at the final stage he has already had his visa interview we dont have a few years to wait if i wait that long we will have to start the process over

For a family of two, you need to make a minimum of around $18,500 per year and convince USCIS that your income is somewhat stable. That is the requirement. If you, for example, are currently making above the minimum but you've only been in your job for a month or two, they might require a sponsor. Or, if it becomes obvious that your contract is temporary, they might request a co-sponsor.

In that case i currently make above the 125% poverty and have for the last 11 months and have a 2011 tax transcript to prove it. so that being said i feel i dont need a co-sponsor? or how does everyone see it? i really need your feedback waiting on the embassy this far in the process is killing me!

Can a moderator merge 3 posts into one please.

Thank you

Can you get an employment letter from you job that indicates you are an employee in good standing and this is a full time position?

yes i can get one of those at anytime and i actually had one in my previous AOS

What exactly are the necessary requirements not to need a cosponsor? I know my current income must be 125% above poverty line for my household size. Also is good to have been at your job atleast 6 - 12 months. But what else is there that is absolutely required in most cases not to need a co-sponsor??

As always thank you for all the answers and suggestions you have to offer, God Bless

I believe those are before taxes (gross) income guidlines, but I am not sure.....

Do you know what exactly are the necessary requirements not to need a cosponsor? I know my current income must be 125% above poverty. Also is good to have been at your job atleast 6 - 12 months. But what else?

Before taxes. Total gross amount.

Thank you very much also for your quick response. Do you know what exactly are the necessary requirements not to need a cosponsor? I know my current income must be 125% above poverty. Also is good to have been at your job atleast 6 - 12 months. But what else?

Hope this link helps.....

http://www.uscis.gov/files/form/i-864p.pdf

Thank you for your quick response! So according to the chart you sent me.... for a household of 2(me and my husband) I have to make 18,387 right? Is this amount before or after taxes?

Just to catch those of you up who dont know....We ar now in AP. At the conclusion of my husbands interview on jan 13 2011 he was told our case needed further processing. The lady who done his interview basically treated him like a criminal tore or lives apart and made it clear to him she thought our marriage was a fake, even after presenting all the strong evidence we had. So we were assuming they would be requesting more evidence or just flat out give us a denial. Now a few weeks after, I have finally been notified by the frankfurt embassy and they are telling us it has been determined we need a cosponsor. Apparently the sponsor we gave was not acceptable to them becasue too much of his carpenters income was unemployment? So I am working on the sponsor issue....but that leads me to my real question. Although my husband is in germany he was born in cameroon. All africans unfortunately are considered high fraud. So, I am begining to think her being so harsh was just to see if he would change his answers to already asked questions or make himself look suspicious. Do you think they would really request another cosponsor if she really thought our marriage was fake? Is this just one of the many requests I will be recieving while in AP? Maybe someone who has found themsleves in a similar case may have a few suggestions?

As always thanks for all the help and suggestions you have to offer, God Bless

After a few weeks in AP I was contacted by e-mail and informed it was determined we need a co-sponsor. Apparently the sponsor we gave was not acceptable to them becasue too much of his carpenters income was unemployment? Now after time has passed since submitting my AOS I feel it may be strong eneough now to not need a cosponsor..if updated and resubmitted? So given our situation what is your opinion on our chances of not needing one?....It will be just me and my husband in our home. We have no other dependants or children. I have been at my current job for 11 months. I make 20,800 a year before taxes. I just filed my 2011 taxes and my adjusted gross income for 2011 was 15,840. For 2010 it was only 3,232 and for 2009 it was 14,060.(I have already emailed the frankfurt embassy on this issue and realize the ultimate decision is up to them. However, I am curious to know the opion of my fellow vj'ers)

As always thank you in advance for everyhting you have to offer, God Bless

OP - so what happened at the interview?

You say that the CO was not happy about your co-sponsor's reliance on unemployment - but did they deny you based on that?

no we are not denied were are in AP, you can find all the details in my previous post. she gave hm many reason she wasnt satisfied with our case to give us an immediate approval, also she believes are marriage is a fraud

Just because your AOS went through NVC without a problem doesn't mean that it will be ok at interview. The NVC basically just processes the paperwork and makes sure everything is there. It is ultimately up to the CO if income is sufficient.

Similar thing happened to another VJ member I know - all AOS paperwork went through the NVC with no problems, but the CO at interview told them that their income was insufficient and they needed a co-sponsor.

Hope you can get everything sorted out.

So after they are finished reviewing our case will they tell us the errors they found one at a time or will they somehow gives us a list of things to correct?

ya, sorry, he's pegged the fraud meter there in Germany. I'm sorry, it's gonna be more scrutiny, a dive into Additional Processing.

But - it'll either be a short one or a LONG one, a Cameroon National in Germany is a magnet for closer scrutiny. Is weird, though, that the 'other background checks' on him weren't started at NVC.. Something may be amiss there..

Good Luck to you..

Yes is true.... I just feel even though our case is somehow not so strong with a short engagement and so on, she can tell we really love eachother and is the reason she asked him for passport. however, becasue he is african in germany and wanting come to u.s. she was afraid she might let a african slip through the cracks. I hate racism but in cases such as these it is only the fraud ones who make it hard for others so one is stuck with anger towards their own culture.

when time for our AOS came I made eneough current income but was lacking in past so to be safe we chose to have a co-sponsor. He is my father and works for the union so is laid off in off seasons when weather dosent permit his work and earns unemployement and such. Everything went through and AOS was processed. Dosen't that mean that our AOS was good and approved? If not would we have been notified if otherwise long before the visa interview? I ask this because one of the many issues the officer had at our visa interview was the fact that our co-sponsor cant rely on unemployement so much through the year? Is this just something else to tear us down? maybe she is having a bad day?

I agree with the previous poster, it is AP- Could last a week or a month or more, but the fact they asked about the passport is a good sign. There is a chance that they will investigate his background (ie visits to his work/ neighbourhood, contacting his parents). This is very unusual for Germany, but not uncommon for Cameroon, where your husband is from. I could imagine the US embassy in Frankfurt contacting the one in Cameroon for background checks.

I would wait 2 weeks, and then you (the USC) call and ask for a status update, but you can call on Monday if you want. If there is a second interview, he should definitely bring more proof along.

Thank you for all your help. Yes i was very happy to hear she had asked if he will be needing his passport! I have read many times here that it is always good when they keep it. However, when he was asked he told her he will need it to present it along with resident permit if he is aked proof of it. He had fear of waiting for decision on visa taking long and being without it not knowing how long he will wait or what he should expect to be recieving. Is it bad he chose to keep it? Or it's still good sign that she asked if he need it? You know although she told him she feels our marriage is fake and wants to investigate our case more i feel it is more about him being from cameroon even though he has been a student in germany for almost 4 years now. he said so many people, mostly germans and or whites comming in there with pants down to their ankles hair all a mess and such that were in and out with approval. then you have him an african, clean cut and shaven in a suit who just so happened to mary an american in a not so convient or typical way and we are red flagged before he ever got to the window. I could have been present at the interview and from the reasons she was giving him for our marriage looking fake i wouldnt have had any more proof for her eithier.

You can call the embassy or the Department of State any time you want to check the status of your case. Did they keep his passport? Them keeping the passport is a good sign.

Yes, thank you for the help I will surely call them to check the status! She asked him if he would need his passport and he told her yes since he is suppose to show it along with his resident permit any time he is asked he must have proof of it. He would have allow her keep it if he knew he was approved and was expecting visa, or if she hadnt been so rough and negative throughout the entire interview. Is it a bad thing he has done by not letting her keep it? I am very curious I had read many places where if visa is kept it is extremely good sign of approval.

that means ..your case requires additional processing

OK thank you. I thought so but was not sure.

My husband had his interview this morning, as most of you have said we raised so many red flags. She even drilled him on the fact he was denied a tourist visa! People are denied those every second of the day! She had no comments or questions on the albumn of photos he included. He answerd all her questions correctly and honestly. However she didn't like any of his answers! None at all!He brought so much evidence along with him (you can find a list of it on previous posts). So at the conclusion of the interview she basically told him she thinks our marriage is a fake and wants to further investigate it. She said he would be hearing from her and that she would contact him. Did not tell him how or when just that she would contact him. She asked him if he would be needing his passport. Then finally she gave him a green paper titled "pending worksheet 4" he said it is like a pre-typed slip with many possible reasons for further investigation but nothing in particular pertaining to us and she had checked nothing off on it as a reason for the investigation. My question now is what does this all mean? Has anyone had a similar case to this and what was the final interview decission? Since she asked him if he would be needing his passport isn't that a good thing? Should we call the embassy to check the status and if so when can we start calling? how long could it be before we hear something? If it is denied can we fight it somehow? If he is scheduled for a second interview and I have visited again could he bring that evidence along with him? Please help us! I cant get past the though of just setting here and playing the waiting game yet again being this far in the process!

Thank you in advance for all your opinions, answers and help! God Bless