Jump to content

SOTY

Members
  • Posts

    28
  • Joined

  • Last visited

Posts posted by SOTY

  1. Ok, I am hoping someone here can help with this and provide some 'definitive' answer as well as any links to this particular situation.

    I've done searching online and I haven't quite been able to find anything for this.

    I filed an I129 and it is at the last step, in the sense that it's being handled by the embassy and need to gather final information to prepare for an interview (no interview date yet arranged).

    However, I might be in a situation where my fiancee and I will be married her home country before we do the above preparation and interview.

    If we get married in her home country, can we still continue to do the I129?

    Is it POSSIBLE to request a change? To change the I129 to the I130(since we'd then be married)?

    Would it be difficult, and if so why? As we've already satisfied pretty much the burden of proving the relationship and provide all the information, the only difference is that we would then be married in her home country first.

    A weird situation I know, but if anyone can help out with this and or point me to some other literature on it as well, would be greatly appreciated.

    Thanks!

  2. I think the confusion was that for me, if one makes at or over the %125 poverty line annual requirement within a year, one has already satisfied that requirement.

    Meaning one has already made at or over the %125 annual poverty line 'minimum' in the 1st quarter of the year.

    In this case one could simply work the remainder of the year receiving no more pay and still meet the requirement.

    Now it only comes down to if one has a job or not, regardless if one has met the %125 poverty line minimum.

    The +$18,912 was derived from income this year, not last year. To me, that income and applies towards this year and meets the annual requirement.

    One could have 2 other jobs within the course of the year and both of them combined may not yield the minimum of $18,912. However since the first job yielded over the $18,912, should it be discounted and not be eligible to go towards the annual income amount minimum %125 annual poverty line?

    Other than the above, is anyone able to comment on what I posted previously about the EXAMPLE provided and the COSPONSER questions?

    Thanks for your help!

  3. Umm..

    Ok, thanks for the replies.

    I guess I was confused, because nowhere did I remember reading it being stated that one had to have currentemployment. (My bad if I missed it..)

    Just that one must satisfy the annual %125 over the poverty line on annual income.

    AS AN EXAMPLE:

    --------------------

    Let's say one had $5,000 in savings and have met the annual income of %125.

    Are you then saying that since one does not 'officially' have an employer, the %125 over annual income that one previously made is now null and void?

    If that's the case one would then need to go by assets? (If no cosponsor)

    Without a cosponsor, it would be 3x(Immediate Family/Spouse) the %125 annual income poverty line: $18,912 x 3 = $56,736

    So one would have to come up with $51,736 (as $5,000 already exists in savings)

    --------------------

    Sound about right?

    Self-Employed Cosponsor for I-134:

    If one were to have a self employed cosponsor in relationship to the above situation, what would the cosponsor have to provide?

    • Prior years tax transcripts

    • Proving what amount of income over the poverty line?

    There is married(to be) couple and cosponsor, would the Sponsor's Household Size increase 1(because of cosponsor) and it then be 3X the %125 poverty level?

    -Meaning, if a Cosponsor were involved the total amount of yearly income the cosponsor would need to exhibit would be $23,862 ??

    Thanks for all the help in advance in understand this stuff.

  4. Sorry to Hijack, but this is perhaps related.

    For the I-134 Specifically (Although it perhaps could apply to the I-864 as well):

    ?? If one has already made over the required %125 annual poverty amount in income for the year 2012 and is currently jobless looking for a different job (thus not able to provide a letter of employment from an employer and only able to provide 2012 pay-stubs, Bank Information with savings etc..), THEN...

    • Is that sufficient enough information for the I-134? (since one has made over the annual poverty amount, one is not 'required' to provide tax transcripts at the I-134 stage)

    Obviously it's best to have employment, though officially one has already satisfied the annual $$ amount over %125 poverty level for the year.

    PLUS, If one proceeded to fill in the I-134 reflecting the above situation, and for some reason was denied to to issue with support, can one resubmit a new I-134 when a new job is acquired and or addition of a cosponsor(if needed) WITHOUT having to go all the way back to the beginning and submit a new I-129F for K1?

    Can anyone speak the the above scenario?

  5. You can & should look at the P 3 requirements. Find them on the embassy web site. Send her the 134 form right now along with at least one year tax transcript.

    You are going to get NOA 2 which is what they told you. That means the case is now at NVC where it will reamin for only a short time. It then is sent to BKK where it arrives at the consulate section. They forward it to the visa section. When you are sure its there you can submit the P 3 docs. Those will include a police report & her medical. The submission of those docs triggers the interview date. That date will be about 60 to 90 days later.

    Why do people keep saying the tax transcript thing for i-134?

    It clearly states on the instructions it's only required if one is self-employed.

    Did I miss something here?

  6. Hello Soty,

    I changed jobs before I received my NOA2. That did not cause me any problems. I just provided a letter from my current employer and any paystubs that I recieved between the time my employment began until a month before my fiance's interview. You are required to have the past 3 years tax returns or tax transcripts with you in support of the I-134. This will show your past employer as well as how much you made that year. I don't see any harm in obtaining a letter from your past employer stating the dates that you worked for them and what your salary was, for good measure but I dont' think that is a requirement. You could also draft a statement to include with your form explaining the change of employers. Do what makes you feel the most confident.

    Good Luck!

    Kim

    Thanks, but I don't know if this really addresses my concern, especially for point #1

    So after the NOA2 comes, and after I send out the I-134 and before my Fiancee's Vise issuance, if my job changes?

    Then no issue? They're just going by what was on my I-134 which was accurate at the time of filing I suppose?

    No need to resubmit I-134?

    As far as employer change just before my NOA2, I suppose it's best to get letter from prior employer with prior paystubs and letter from new employer (EVEN IF <2 PAYSTUBS) and provide both with a letter of explanation.

    Sound good?

    Other than that. I thought it wasn't a requirement to provide copies of your taxes for the I-134 form. This would only be if I were self employed.

    Only the I-864 requires a copy of one's tax return.

    Anyone can confirm/comment on the above appreciated. Thanks!

  7. Hi all,

    I have an interesting situation here.

    I may be changing employers and this looks like it may happen just before or even just after my NOA2..

    1.) If I sent the pack out after the NOA2 and then subsequently change employers(when interview already established),

    then what happens to my pay stubs and former employer letter attesting my employment??

    - Is the information no longer valid and I have to resend a new I-134 form?

    2.) If I change my employer right before I receive my NOA2, then what should I do?

    - Send former employer letter saying I WAS employed and here are my past paystubs, and also provide letter from NEW employer saying I'm employed(and perhaps only supplying one paystub or possibly none at all(if paid monthly)???

    I'd like to just hold off, but I don't really have control over the timing of these things, and of course would like to send off the packaged ASAP.

    Any thoughts?

  8. Hi Everyone!

    We're Approved :dance: :dance: :dance: ...I just got the email/text and the site shows update as well.

    I shaking all over but I had to share our great news...He's at work right now but is leaving as I write!

    First thanks to Almighty God...and second to all of you guys who helped me along the way...I'm shaking all over right now. I can't believe how fast it has happened.

    Grats. Were you military expedited?

  9. I suppose it's tough when one sees some others (not a lot) get to the next step within a few months at the same service center as you and you're left wondering what you did wrong? Why a few(lucky?) get passed on to the next phase. For example:

    A couple with partner from Haiti got NOA1 and NOA2 within same month

    Or couple with partner from Philippines have NOA1 in Oct and NOA2 come in Nov.

    Or a few couples with partner from Japan having achieved NOA2 within almost 2 months (a few days greater than)

    Great for them, and happiness goes out to them, but doesn't seem to bode well for any rhythm or reason.

    So, ya.. I feel your pain and unfortunately most of us are in the same boat of unknown.

    Is our file being looked at? Has it been lost? Is there a problem that's holding something up? Can we do something to help?

    Can't I pay some extra money to help expedite the process?

    All the while drilling home the fact that we can't easily be with our loved on.

    Yeah, I know. It's tough....

  10. Here are my concerns:

    1. Is it right for my husband to let me go through all this stress?

    2.IS it right for my husband to let his daughter lives with us and use me?And he is not even making any income for 2.6 years now?

    3.WHat is the legal way(if there is any) that i need to do to get my step daughter out of my house? They said in the state of GA you can not evict someone who lives with u for over 30 days and she live with us since 2009 till this very minute.

    4. SHould i just let my step daughter ruin my marriage? My hubby said he wont allow his daughter and grand son live on a street which i really do understand.( His daughter's own mom won't even deal with her because of the way she is).

    5.But what about me? this all causes me too much stress that is more than enough and too much for me to handle.

    6,When hubby and daughter argue he tells his daughter to get out but i knew he never really meant it?

    Pleaseeeeeeeeee i am begging for your advice. I just don't wanna give up and regret later ,ruin my marriage that i tried to build just because of his daughter.

    Thank you so very much.

    1.) No, but have you approached him with all the things that's causing you stress? Have you discussed it with him at length?

    2.) His daughter(grandchild) are family and of course he'll want to help them out as much as he can.

    3.) Having her move out seems to be something both you and your husband need to %100 agree upon and take action together that won't be destructive to your relationship and the family situation.

    4.) It seems to me your husband has to put his foot down and insist upon changes for the better.

    5.) You've made a commitment to your husband, and he to you. You both need to work it out together and come up with ways to better the situation.

    6.) If your husband is firm on wanting her to leave, he needs to take more definitive action. Possibly legal(if it exists).

    Have you all had a family conference? Have you all listed out things that you all are having issues with, with each-other? There's more than one side of the story. Sometimes compromise and resolution is unachievable, but you won't know that unless you all try to the fullest extent.

    Perhaps bringing in an objective 3rd party counselor to negotiate/navigate the situation? (Family Counselor)?

  11. Although I can empathize with not understanding the "rush to get married", I think the problem is more that people get married for the wrong reasons.

    That's true.

    However, my point is, that I believe those 'wrong reasons' have a higher chance of cropping up when things are rushed into.

    Getting married after a few months of meeting someone, especially if only met once or twice in person seems very risky to me.

  12. There are some good points here, but what I believe the OP is focusing on is 'international' marriages between a U.S. citizen and someone from another country/culture where both are not within the same social/religious constructs.

    In my opinion such arranged marriages have the support and peer pressure of a close tight-knit cultural community. For such situations, I believe the emphasis is not on whether the couples are compatible or not, but more on if the arrangement is beneficial for both families. I'm sure both families will be concerned for their children's happiness (hopefully), and strive to find a partner that will have compatibility.

    However, it is very difficult for someone like me, and perhaps the OP, to leave it in the hands of others, or basically to fate, regarding who one's future partner will be.

    That doesn't mean that being together 'dating' one's partner for 1 year or 10 years will guarantee a marriage that will last a lifetime. I'm sure there are people who meet and within one month, get married and stay together for life, and there are others who don't.

    Personally I believe it's very risky to make a major life decision (such as getting married) without really being comfortable and confident in one's relationship with one's partner.

    I believe there is too much of a chance for failure if such a major decision is taken upon in such a short amount of time.

    Sure, it's great when sparks fly, and the magic of romance has filled the air. Yet those holiday butterflies eventually settle down and one starts to see their partner for who they really are.

    I think the 'Holiday Phase' (as I like to call it) usually lasts for about 3-6 months. Once that is over and a more day to day life/relationship ensues, then THAT is where people 'really' start to get to know things about their partner. Only then begins the true test.

    I've dated my future wife for over 4 years and we lived together for one of those years. We're still very happy and even more confident about our relationship. Enough so to make the decision to become married and spend the rest of our lives together. (<---- that IMO is a BIG thing and I sometimes wonder if people who decided to get married to someone after only knowing them for a month or two really grasp such reality).

    In a way, the time it takes to go through all the processing to get married might be a good thing for those who (seemingly) on the spur of the moment decided to get married.

    I wonder how many applications were canceled or no action was taken because things fell apart in the meantime while waiting for the processing to complete? hmmm Would be an interesting statistic.

  13. more likely to do with luck and someone making a mistake at USCIS and putting the file in the wrong place. nothing you do with your petition can help get it approved so quickly

    Money and Connections talk.

    If that important, maybe he could have slipped a few thousand dollars to someone he knows who knows someone who works there and, find the file and move it along quicker(then feign a mistake) ?

    I'm no expert, but yea, seems totally unrealistic that a few week turn-a-round could happen in this type of process.

  14. This RFE stuff makes me wonder if I did enough in my application...

    What do you think?

    I provided 4 printouts, including scans of photos, receipts(dates) of when we went to different places (like Disneyland)

    Scans and photos with dates of other places.

    Scans of receipts showing we both lived at the same address.

    Stuff like that...

    I'm hoping it will be enough. She and I have been dating for 4 years, lived with each other for 1 year.

    I would hope that would be enough.

  15. Soon or later it will come :yes:

    My expectation was about 5 months so I didn't count days, but to my surprise, it was approved in 4+ weeks (CSC).

    Really? Umm I wonder if it has anything to do with the accuracy of the documents filled out, as well as the amount/quality of PROOF EVIDENCE one provides in the application.

    It could be if it's totally 'obvious' the relationship is bona-fide, they slip it to the top of the next pile and pump it out quickly.

    Your time-frame seems pretty rare.

  16. I have a unique and unfortunate situation:

    I recently relocated back to the U.S. and I am looking for a new job(currently not employed with no income and not enough savings to proceed).

    At the same time, my Fiancee and I wish to be married, however, this can't really happen unless I have a job showing income which I can state on the I-134, Affidavit of Support.

    So far, there is no option to get a cosigner for the I-134...

    My questions are:

    1. Is it possible to start the process now? --In hopes of finding a job before needing to submit the I-134?--

    2. If I do the above and still do not have a job when it's time to submit the I-134, is it possible to put on hold submitting such documents? For How Long?

    3. Is it possible for my Fiancee to come visit me in the U.S. after I submit the I-129 Petition and BEFORE submitting the DS-156K Non-Immigrant Fiance(e) Visa Application??

    (Because, we haven't 'officially' applied for the K1 Visa yet)

  17. Hi, Hmm. Well, my previous year's filing included income from my former job.

    However, how do I get away with just using my previous year's tax forms, while stating I'm currently unemployed, without being able to provide any pay stubs from current job etc??

    Would I STILL need to do the I-864? Or can get away with just doing the I-134?

    What is your/their definition of 'long-term unemployed'?

    To add to this.

    Since I do not have current income, and even if my prior years' tax returns shows a HEALTHY level of former income, I would STILL need to go through the I-864 form and add a co-sponser(including myself) on this form? All because I currently do not have a job, and my savings may not be 5x above poverty level?

    Does this basically sound correct to people?

    Thanks in advance for comments/confirmation.

  18. since you stated that you're currently out of work it's safe to say recently, right? If this is the case you shouldn't have a problem because they will use last years tax returns. however, if you are one of the long term unemployed you will need a cosponsor because having savings of a little over the 125 % of the poverty line isn't sufficient I believe you need either 2 or 3 times(don't quote me on it but it somewhere in this range) the poverty line in savings to qualify that way and the money can't just show up in the account you have to show history of the money being in the account.

    changing your address isn't a problem you sent the address update to the uscis

    Hi, Hmm. Well, my previous year's filing included income from my former job.

    However, how do I get away with just using my previous year's tax forms, while stating I'm currently unemployed, without being able to provide any pay stubs from current job etc??

    Would I STILL need to do the I-864? Or can get away with just doing the I-134?

    What is your/their definition of 'long-term unemployed'?

×
×
  • Create New...