R and L

Thank you very much to both Magical and Pushbrk!! (F) (F)

Yes, it's tricky as in the beginning we though it's just simpler to put it as asset and keep it simple.

Now we called NVC and they said they focus on what's on the tax return from 2010, but that my husband can put the 25K amount as estimated income for this year.

And as read somewhere that first NVC looks at income, then assets and joint sponsors, then maybe it's still better to put the money as income, even though it's from 2011 only?

Selling art is not bringing same amount every month, so no, it's not recurring unfortunately, but then again my hubby has another painting that he has estimated (this is obviously asset) and that would also show, I assume, that the business is ongoing.

So maybe we still put the money as income, even though 2011 income is not on the focus the same as from 2010?

We'll also include our joint sponsor's details still, if he just kindly agrees to do it.

We just realized that my husband might have put his income as asset in the I-864 form, where it is actually counted as income...

My husband started selling fine art in the beginning of this year.

The business is in such an early stage that he has no official business in records yet etc, but he is definitely going to pay taxes from the sales.

He has also the official sales receipts. And the amount he has sold is for 25K worth.

BUT the art is also originally owned by him as he inherited it.

So my question, please if somebody could help, is this money that he received from selling the art, income or asset??

He put it on the I-864 form as assets (didn't send the AOS package yet so he can still modify and re-do it if needed) but if it's actually income, then that's so much better for us as then we can meet the poverty guideline 125% with his income!

Please, would definitely be grateful from advice on this!!

Wonderful!! I'm so happy to hear you are together now!

Hoping our time will come soon too!!! Lucky you to be with your wife!

If you're going to submit a tax return you should provide a copy of exactly what you filed with the IRS. This would include all of the filed schedules but not the worksheets. You wouldn't need to include the 1099s but you absolutely must include the W-2s. If you electronically filed you should also make sure that the copy provided is signed.

For my I-864 I included 1 return and 2 transcripts and it went through no problem.

Thanks Alex B!!!!!

Our joint sponsor is basing on his pension,

I think W-2s are for employed income? 1099 for pension, right??

So just to clarify, the 2 main pages and all the included filed schedules.

As I'm from Europe and bit unfamiliar still with the US tax system, what would be an example of a worksheet, what does it include?

Sorry, silly questions, just trying to make it as clear as possible for our joint sponsor.

Hi!

I know the best way to get tax return, is just by ordering the tax transcript from IRS.

However, we suddenly needed a joint sponsor and hubby about to submit the AOS package, and wouldn't really want to wait 10days for IRS to send tax transcript.

So, is the copy of federal tax return (that has multiple pages and all the million details) good enough? We were thinking to just send the main two pages (not the extra papers with million non-necessary details) AND supporting schedules, that is 1099 form in our case. Would this be ok?

Please, if somebody can advice, that would be wonderful!

I agree with Penguin_ie!

This is how it should go, in my understanding (repeating few points here just to be clear):

Basically, if you choose to send also I-129F, what happens, is that USCIS will have 2 files from you, I-130 and I-129F = possibility for 2 options K3 & CR-1 (but depending on USCIS and NVC what happens in reality)

1)If I-130 gets approved first, and above all, gets sent to NVC -> you will continue as CR-1

2)If I-129F gets approved first, and again above all, gets sent to NVC -> it's K3

3If they both get approved at the same time, and arrive at the same time to NVC -> CR-1 (there has been few exceptions in this that even though they arrive at the same time, the case might, but pretty rarely, continue as K3)

4)If they both get approved at the same time,

BUT USCIS kindly sends I-129F to NVC few days before it sends I-130 -> K3 OR you might be able to contact them and ask to rather continue as CR-1. So in this case, yes, I think you are able to choose.

So, once you get NOA2 (= your case is approved by USCIS) you just need to communicate about your request with NVC and embassy also, if K3 gets approved and you prefer by that time rather CR-1.

Do you mean - by being the earner - that you would be the sponsor on Affidavit of support form?

(This is a form you need to fill when in NVC stage on CR-1 / embassy stage with K3, hopefully not confusing you!)

My hubby and I have assets from US and outside US, and it seems the outside US is tricky, might not qualify.

If your income wouldn't qualify, best bet is to get a joint sponsor (who has domicile in US and citizen/resident of US) (this is the ####### we are facing now, unfortunately even though we thought we are covered.)

This is what it says on the I-864 (Affidavit of support) form on intending immigrant's income:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children." If you qualify this requirement, double check still from the embassy that income coming outside US is accepted on your case (unless you are getting the income from US?)

My LONG reply again! Sorry

OK, I am somewhat confused.

My wife and I were married in August, in the US. We found out AFTER my return to the UK that it was an option to upgrade status while I was there, and not have to travel back here again at all. Unfortunately, we didn't do that.

I have filed my I-130, and received the I-797C. I have just sent my I-129f. I thought that the point of the I-129F was to get over there and working while my I-130 was processing, but I see that the processing time for both forms is 5 months. So I'm not sure what the point of the I-129f is at all.

My understanding of the process is this. One of those forms is approved, notice of this gets sent to London, I apply for my visa, go to an interview in London, get my visa, and move. I am able to work at this point. If it was the I-129f that came up first, I would still have to upgrade my status once the I-130 was approved. But seeing as they will come up at the same time, the I-129F becomes moot.

Is this correct? Am I missing something? Is there a way for me to be over in the US sooner (and working, visiting constantly is getting expensive!) Any other advice on getting this process through smoothly?

Thanks,

Rich

Hi Rich,

Hope this helps as my hubby and I are pretty much on a similar journey.

1) We sent first the I-130 and got NOA1.

2) As soon as we got NOA1, we sent a copy of that with our I-129F.

When I-129F is sent after the I-130, that is a K3 route.

K3 means you go through the approx. 5months USCIS processing time (or hopefully less), which is the same time frame for CR-1 (meaning when you send only I-130.)

3)THEN, instead of National Visa Center (NVC) doing the their processing, your file just visits briefly NVC, but is then sent MUCH FASTER to the embassy, and you get your interview.

4) After successful interview, you can go to USA and apply for adjustment of status - which takes about 4 months I think - and then you get your green card and can start working etc. You can also apply for a work permit earlier, but it looks like it takes pretty long time to get that (3months?) so you might just want to wait for the adjustment of status getting approved and save some money as work permit is reasonably expensive.

Now, many times, including what happened in our case, the I-130 gets approved faster than I-129F, I-130 file gets sent to NVC and NVC closes I-129F. So bye, bye K3 option, the case gets modified to CR-1. Which means, dealing the process with NVC but after the interview you get your green card etc straight. Little bit longer route to be apart from your spouse, but that's just how it is unfortunately.

We wanted to try our luck with the K3 route as just wanted to be together faster, despite that it's much more expensive and you have to do the adjustment of status when in US. We sent the I-129F honestly immediately as soon as we got out NOA1 by mail (which was on Saturday), sent our I-129F file on Monday with express mail and it was at USCIS on tuesday (even though they finally registered it only few days later than that.) And still, our I-130 got approved in 4months, whilst our I-129F is still not approved after a month of our I-130 NOA2 date.

So what I would suggest is: 1)You can try your luck with K3, sometimes it is successful, but regarding work, you will most likely wait longer to be able to do that than in CR-1. But then again, if your I-130 gets approved sooner, and your case will be modified to CR-1, then you can work faster when in US. Doesn't hurt to try if you want to do the effort. OR 2) You just stick with the I-130 and forget the I-129F. And go the CR-1 route which will allow you to work as soon as your interview is approved and you get your greencard.

By the way, even though there are successful cases with getting married on VWP and adjusting your status, it is also risky. VWP has more strict rules than the other tourist visas etc You have to have clear, strong evidence that you had no intention to marry when you entered US with VWP. We considered this option too, but didn't want to take any chances and just took the CR-1 long route. Now, when on the CR-1 or K3 route, you can always visit your spouse with VWP, just remember to bring proof (like return ticket, reason to go back to UK etc.) I've done the visiting and had no problem at all (was also lucky as they didn't ask honestly nothing, even though I said my husband lives in US.) But yes, agree, it's MUCH more expensive to travel back and forth between europe and US, but hopefully you are together sooner than you can imagine!

Sorry, very long reply, but hope it helps even a bit! Good luck!!

Thanks a million Anh map and Navyk!! Truly appreciate it!

Yeah, it feels more and more essential to have a joint sponsor, it's just not so easy to ask people about that.

It's a heavy thing to sign but hopefully they understand. Still unsure if our friend agrees to do it.

Hi Beautiful People,

I haven't been able to find an answer to this question so I'm hoping you guys may be able to help me.

We filed for concurrent I-130/I-485 applications. It was received yesterday. The thing is that my foreign spouse's VWP 90 days will come up on the 11th. I'm hoping that there's enough time for them to process and send out an NOA1 before her stay is expired. But in the case that we receive the NOA1 after the 90 days, is this considered overstaying? And if so, would this cause any issues later?

Thanks!

I don't think I have the exact information that you want, but hope it helps?!

It took us about 6 days to receive NOA1 but it can take longer. I think the guideline is 5-10 days?

I don't unfortunately know about the overstaying issue...you could always call the USCIS help line OR get an appointment with Infopass. Maybe if you have the USCIS infopass appointment and they say it's all fine, you can get some kind of written document from them? (I have no idea if this is possible or correct, but if it is, it might give you some paper to help if NOA1 doesn't arrive on time?)

We got married when I was visiting my then bf in US on VWP as well...but decided to do the long spouse visa process rather than risking they wouldn't accept our adjustment of status. We didn't plan our marriage before and it was sincerely a decision of the moment, but as we live in California - as I've read - they accept adjustment of status more rarely. So even though we can say with honest hearts that we had no intention of marrying the time I entered the country, we wanted to do this process safe.

Maybe you both are not located in CA, and I'm not saying that your case wouldn't be accepted and maybe all will be well (and much faster!!!) but please, saying this only because I care, please, double check you are doing it all by the books and have all the proper evidence. VWP has the loophole and AOS can of course be done, but please remember VWP is tricky with the regulations - and after saying this, I'm sure you know all this and I'm hopefully just saying something that you have no need to be concerned of!

Best of luck!!

Thanks so much also Navyk!! (F)

Yes, 3 will be then the household size,

and yes, 2 x I-864 will be (my hubby and joint sponsor)

Spouse is included in the household count regardless of filing status.

Even when filing jointly, each individual's income can be used. Simply document the individual's income with W2's/1099's/retirement benefits statements, etc.

Some CO's like to see that a spouse submits an 864A as an acknowledgement of the sponsorship obligation being undertaken. If your joint sponsor's income is close to the required amount then adding the spouse's 864A in can be a good idea.

Thanks so much Anh map!! (F)

Little relief to know that if he filed jointly with his wife, he can proof still his separate income!

My hubby has also assets so trying to avoid involving our joint sponsor's wife. We're already so embarrassed to ask our joint sponsor!

Sorry AGAIN a question!! Embassy closed for today already so can't email them straight!

Please, if somebody could clear our heads, again!!

Read the instructions...but

So joint sponsor fills I-864 form and marks his pension as income.

1)BUT as he is married, and if he filled taxes jointly with his wife, BUT get's pension comfortably over the poverty guideline 125%,(even if household size includes him, his wife, and apparently they have to include I on the counting as well, so 3) then does the wife need to fill I-864 A form?

I understood though that if there are dependents on his tax form, then they have to be added on his household size.

I'm just hoping we can keep it as simple as possible to the joint sponsor and not need to involve any extra people, if not needed.

2) and if he filled his taxes individually, with no dependents, and not jointly with his wife, then he doesn't have to count his wife to the house hold size.

Just to clarify, the joint sponsor does not live in the same household than my hubby and I.

What the instructions on the I-864 say is that the assets must be convertible into cash within a year and not cause any financial hardship. So cash, stocks,bonds, IRA, etc are all easily convertible. The equity in a home is convertible, the value of a SECOND car, and so on. But a house outside the US may or may not be easily convertible plus in some countries it is hard to get the cash out of the country, Fine art might be an issue unless you can show that it is easily convertible to cash within a year, but even if it can be converted, it almost certanly would get a haircut becasue the appraisl doesn't guarantee a sales price.

Is there an income stream from the apartments--if yes and it will continue after he comes to the US, it can be used as income--not an asset, but income.

Thank you so much again, Magical! I was hoping you would answer!!

Ok, so the fine art might be little bit on the borderline for being accepted or not. In some sense would think liquidating it is the same challenge as a house, but then again there are more house buyers than fine art buyers. Just feels bad asking our friends to be a joint sponsor, but looks like it is just what we have to do.

THANK YOU!! :)

Hi all. I'm a British citizen. My wife (US Citizen) mail off our i-130 pack at the beginning of August this year and on the site it's still in Initial Review, which is fine. It still however says under Last Updated section that it was last updated on August 19th 2011, which is around 2 and a half months ago.

My wife thinks maybe there's a problem or they've lost our application or something since it hasn't been updated recently. I'm thinking however that maybe the less you hear from them the better because then they're just getting on with it and they don't need anything else from us at the moment.

So our question is.

While in the initial review stage is it normal for it not to be updated regularly when we check out petition status?

Thanks all

According to the experience my hubby and I had, it should we fine! Our I-130 got approved in 120 days so 4 months. We sent our file beginning of June, it was received at USCIS on the 6th and notice date was 7th. But we also had an update some days after the notice days and after that only initial review. And then, next it was approved. No RFEs! (Hopefully we won't get either now at NVC, fingers crossed!)

So at least, comparing to our experience, looks like you are fine!

And by the way, I also was convinced that they have put our file in a wrong box, or lost it etc!

Oh and CONGRATULATIONS guys for getting all those interviews!!!!!

Do you mean they stopped giving interviews for December regarding Canada, or altogether????

I'm still hoping to have my interview before Christmas! (It's not so hectic - what I've understood - in Finland, so maybe there is still a chance?)

But that is of course that our case in NVC moves smoothly and we don't get any RFEs!!!

I still hope Canada could still have interview dates open for December though!!!!!!

Hi,

have a question again (!!!!) on assets...confused

Even though I haven't seen any mention in the NVC website (unless I'm just blind?) on that assets residing outside USA won't be many times accepted, I have understood this might be the case and better be prepared it is so. (And at least this is what the US consulate in Finland indicated when I asked them straight.)

BUT, even if our assets (my USC husband's apartments located outside US and my bank account in Finland) outside US won't work,

wouldn't his money in his USA checking account (25K) and fine art that is professionally appraised for at least 60K, be enough for the household size of 2 (my husband and myself)?

Does anybody have any idea if fine art is accepted? The professional appraisal is from well known auction house so you would think it doesn't seem to be a problem to liquidating the art within a year's time either?

I'm just confused that is this actually enough, or should we just keep on working in getting a joint sponsor?????

Feeling very much confused! :bonk: :bonk: :bonk:

Thank you so much for the help Magical and Anh Map!!! :)

I think I can be optimistic and REALISTIC to join also the November thread!!

Our file is still somewhere in USCIS having a major slow moving to NVC, but then again I saw that there's been others in the same situation! That after receiving NOA2 their file just sits in USCIS, until after about a month it's finally forwarded to NVC and in few days having arrived to NVC, NVC kindly assigns a case number.

So seems like either way, file being forwarded fast from USCIS to NVC and then wait 3-4 weeks for case number, OR, file stuck in USCIS and finally after a month or so gets moved to NVC and then NVC gives case number within couple of days, all in all, it's about a month...Like Allegra actually told me about a month ago

So hoping we'll get a NVC case number this or next week!

AND I hope all you guys waiting for the interview (lucky you, already on that stage!!!!)will get it soon!!!

If anybody can advise if pension (I'm not so familiar with the USA retirement system, but basically it's coming from a 20+ years career, so it's a proper retirement) qualifies as income (or assets?) for a joint sponsor??

The retirement reaches comfortably and beyond the poverty guideline limit.

Please, if somebody can

My husband is the US citizen,

but he still owns 2 apartments outside US (which seems like probably won't work as asset as location not US)

and then I had an account here in Finland with reasonable amount of money.

Just to reply to your question dear magical.

Also, after reading posts from here and there, I hope our (if he accepts) joint sponsor's pension qualifies?

It's coming from 20+ years of a proper career and amount goes over the poverty guideline.

And then my husband still has money in the bank here in US.

Little bit shocked on this change of wind...

What I've understood from NVC website is that, yes, you can have 2 joint sponsors.

I think it's even mentioned in the I-864 instructions.

Double check the instructions, but I do remember reading that 2 is fine!

Ok, so what a day! We were basing the Affidavit of support on my husband's assets.

Today realized that having apartments outside US might not be accepted as assets (including my Finland based account!)

So panic! Probably within few days (or next week) NVC might be ready for accepting our AOS package!

We might have found a dear friend who MIGHT agree to be a joint sponsor.

So IF he agrees:

1) We need to have 2 x I-864 form. One signed by my husband with his assets. And another same form signed by our friend with his income. Is this correct?

2) Does our joint sponsor need to send his last year's tax transcript also?

3) And if he is retired, what kind of paper can show the retirement income flow?

4) Anything else from joint sponsor??

Thanks in advance!

I did the same thing...got appointment from normal health center's nurse and check with her my vaccines, to reduce the bill at the spouse visa medical.

My husband and I are doing the CR-1 visa, and I'm not from London, but maybe my advice helps?

1) Before having my nurse appointment, I printed out the list of vaccines required.

Now in CR-1 they require more vaccines, but like they said somewhere in the website, on K1 you might want to consider just taking all the immigrant visa required vaccines, as you will need to take them anyways for your adjustment of status when you require the rest of the vaccines.

Basically, would it be cheaper to get the vaccines in UK, than later on in USA?

2) When I met the nurse, we went through the whole list of vaccines and she told me whether the vaccines are normally required from a healthy woman in their 30' etc like myself. Some vaccines in the list are for little children, old people, for people in a risk group etc. Of course, in the end, it's up to the doctor in the official medical to determine which vaccines can be waived, but at least going through the vaccine recommendations gives a good clue.

3) I got polio and tetanus+dipheria boosters, since got last polio and tetnus+diphteria booster vaccines about 10 years back.

For Hepatitis A & B not sure what are the recommendations as got them before already. If you need to take Hepatitis, be aware that it takes some weeks before it covers you. Influenza I'm pondering myself too, whether to take or not?

Hope this helps even a bit!

Sorry to hear you have to deal with this...

My husband is also basing his affidavit of support on assets, and so reading this post honestly shook me and woke up to the possibility that we should talk with our close friends in case we get similar response in the interview...hopefully not, but have to be prepared. We got also reasonable amount of money in the bank (both, him and myself), my husband has 2 apartments from which are officially appraised (and no mortgage etc) and few other qualifying assets...and the total is truly way beyond the poverty guideline (x3 in our case, and way beyond.)

Feels unfair but I guess the only thing you can do is start talking with your close friends/relatives and try to find a co-sponsor. Not easy as it is truly a paper that I guess many would feel incredibly uncomfortable to sign, even feels bad to ask people to consider signing it. But I bet there is somebody who trusts you and is so incredibly kind that they feel comfortable doing it. There are many other people in the same situation that they need a co-sponsor and they successfully find one.

I understand your feelings, but in the end it's up to the CO, whether it's fair or not. Assets is one option for basing the AOS on, but I guess there are some variations in what is sufficient and what is not - despite the amount. But would be nice to know the reason what made the CO not trust enough on your assets!

One positive thing in your situation is that you have the possibility to have DCF! So even though you got some negative surprises like this co-sponsor issue, you are not separated from your spouse! Lucky you!

Good luck!!! I hope all goes well and you can go home soon with your family!