Derek and Yasmin

After nearly 9 months of waiting, our time finally came and we feel so blessed by God!! Thanks to everyone in the community here, you've been a big help!

This is a lot to sort though. I didn't imagine I would end up in this situation starting out because I took the "current income" at face value. If anyone else was going though this I myself would recommend getting a co-sponsor. I'm going to try as much as I can to get my dad to co-sponsor (which for a variety of reasons is no guarantee and I would have preferred NOT to), at least for the I-134 since its not really binding and getting the visa is critical. I like the idea of waiting for AOS after I have a full year of employment. I also happen to be in serious talks for employment following residency, perhaps that will help if i get an offer later this year. I'm not worried about anything else with our case, just this dang issue with my taxes, especially being just under the requirement. One way or another I believe things will work out, I'm just stressed to the max since the interview is coming up.

Its not so much about the prior years tax returns. (although they are required, they dont have to meet the requirements) You need to show your income for the last full calendar year met the requirement and proof your current income is stable and meets the guidelines. Thats it.

If it would help, you can tell your father the 134 fiance 'contract' is not legally binding. The 864 is. However, if you read it closely, it states: he would only be responsible for repayment of any benefits your future wife collects from the government, for a certain period of time. The contract expires when she earns 40 credits with SS (after working 10yrs full time), when either of them die (lol, that might not win him over), or when she becomes a citizen (through marriage she can become a citizen in 3 years!)

Currently legal perm residents are barred from receiving public assistance in most states for 5 years. So if your wife was to become a citizen in 3 years and she was unable to even collect any benefits for 5 years----? Its impossible for him to even be billed one cent for anything. Zero risk on his part.

Otherwise it looks like youll have to wait to file for AOS until you have one full year of earnings to meet the requirements of the 864.

Which unfortunately if youre not meeting the 134 requirement on your own, with out a co-sponsor...youre not going to get the visa, unless the CO 'uses their discretion' to let you squeak by.

Thank for everyone's input on this, it's certainly helpful. Just to clear up one point, I believe I do meet the 134 requirement if current employment is all that is considered and we aren't thinking about previous employment history (I'm making well over 200% poverty line currently). Capri that's a good point I will have to discuss with him... I probably won't mention the 40 credits w/ SS or death though lol. Still I feel bad asking, I want to be a man and take care of my own wife (I know... the document doesn't necessarily mean anything on that point, it's just the principle).

Yikes.

Unfortunately common sense does not mix with the 864. Its a financial document. Its not negotiable. either your numbers meet or they dont.

Just for clarification. Youre intending on getting married in the summer of 2013 and filing for AOS immediately afterwards. You have absolutely no one that could co-sponsor?

You do hold a job that meets the income requirements. Youve held it since apx June of 2012. Your taxes for the last 3 yrs which would be 2010, 2011, and 2012, kind of look like- 2010 low cause was a student, 2011 low cause a student 2012 1/2 yr full time job so its apx 1/2 the amount of qualifying.

You need to show stable income for one full calendar year. So, if you have documentation (the contract) showing when you started your job in 2012 and the tax return thats apx 6 months right there. If you attach your 6 months of paystubs for 2013 (since youd be filing in June 2013) that would be one full calendar year. Your contract, even though it ends at the end of the year 2013 does show future employment and the fact that you are qualified for future employment opportunities as a licensed doctor.

If I was you, I would sumbit the 864, when its time with a letter, stating I have been employed for 1 full calendar year as a doctor at XYZ. This is my current income. I started on X date. 6 months of my income is reflected on my 2012 tax return attached and 6 months of paystubs are attached. I am currently under contract with XYZ until X date. After that my future plans are to blah blah blah.

But again, you need at least one full year of income at or above the 125%. Do not submit it before that point.

I spoke to my father about co-sponsoring but he was apprehensive about signing a legal document like this. He was laid-off in early 2011 and didn't get a new job till the end of that year so the 3 years taxes wouldn't be consistent on top of that. Otherwise he makes decent money now at least. Maybe I will have to beg, I have no idea. I'm getting married in March, so I don't think that will leave enough space to apply for AOS the end of June unless I'm mistaken. Even the 100% point is moot. I made literally just under that requirement in those 6 months.

No unfortunately the tax year I am referring to is 2012 when I was employed for half the year, and the others I was not allowed to hold a full-time job (nor would it have been possible to) due to school. I'm just praying God will let them use common sense in handling this situation.

For the Rio consulate, is the latest tax return required (or essentially "required") for evidence with the I-134? The only statement I can find on rio's packet 3 instructions is "The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc".

The reason I ask is because up until last May I was in school on unpaid medical internships. I'm employed by a federal hospital for residency making over the 125% poverty line, but my latest income taxes show i made a few thousand less (due to starting halfway through the year). My employer letter details what it needs to (also listing my that my federal appointment is expiring in a year too when I'm done unfortunately) and I have plenty of pay stubs. I'm hoping they see i'm a doctor and don't dwell too much on the 134 aside from my current salary, but I have no idea. I can't get a co-sponsor, so that won't help. Should I bring along my 1040/W2 and if they ask, THEN provide it? I'm not sure what to do here. I'm probably making it more complicated than it has to be.

Anyone with any input? I'm probably just over thinking this but I'm leaning towards putting all the last names together as "last name" and not middle names. Either way I assume it should be fine as the name comes out the same in the end.

I could use some help on deciding what to do for our consulate forms. My fiance has essentially 3 "last names", the last one being from her father of course. On the I-129F we have her very last name as last name, and the 2 other last names in the middle name section. Went through USCIS and NVC no problems. Her passport however lists all 3 as surnames. So on the DS-156 she did put all 3 as surnames certainly. But, the DS-230 (and 156k and etc etc)... should we retain the way we wrote it on the 129F, or change it to all 3 as last name and no middle name? by the time i finish agonizing over all these details i'll have an ulcer i think.

Congrats!!!!

Hi, I have a question regarding the I-864. My situation is that I was in school until May this past year so I had no income, however now I am a resident in a hospital making over the 125% required, but being that I started working halfway through last year, I'm a bit short on the 125% based on my 2012 tax return/W2 (and I don't have income on prior tax returns due to school). Will this pose a problem for me, or is the annual income on my pay stubs/employer statement enough evidence? Co-sponsor isn't an option. Thanks!

Thanks a lot. I'll be filing my 2012 form 1040 and write that letter. I have the employment letter, stubs, and bank officer statements, so I'm hoping that is enough. I'm wondering if I can hold on to the 1040 at the interview and give it to them if it's requested since submission of all the forms is in person on the day of the interview in Rio.

Congrats!!!! Enjoy!!

You don't HAVE to change your last name if you don't want to, it won't make any diference on your AOS. Even your marriage certificate will have name as it is now.

Hi, I have a question regarding the I-864. My situation is that I was in school until May this past year so I had no income, however now I am a resident in a hospital making over the 125% required, but being that I started working halfway through last year, I'm a bit short on the 125% based on my 2012 tax return/W2 (and I don't have income on prior tax returns due to school). Will this pose a problem for me, or is the annual income on my pay stubs/employer statement enough evidence? Co-sponsor isn't an option. Thanks!

Yes.. totally normal..

It takes them a while to get the package and then after they get it they have to schedule you to the next avaiable date, according to the order that they got the packages..

If they have your package, you'll get your date very soon.. just send them another e-mail next week. You'll probably receibe your date then,

Thanks for calming my nerves lol. I kinda want to let em' have it whenever they give me an email with no explanation as to the wait time... I'm a federal employee too and scheduling takes me 5 seconds so they must be taking a long time looking over those papers. The main reason I am so ticked is because my fiance knows a lot of girls that got their dates no later than 15 days after the NOA2 from Rio.... i'll chalk this up to the holiday schedule and keep on praying.

As for the DOS I have not called yet, but I will Monday.

Happy new year and Congrats!

Were you assigned an alien number before you received your noa2?

thanks.

No we only received one with the NOA2 in the mail.

Hi all. I'm interested in anyone with experience with the rio consulate in Brazil. We had our NOA2 since 11/29/12 and the NVC confirmed shipping our packet to rio on 12/12. When my fiance emailed them several times they denied having the packet over 2 weeks from being sent. Then I send them to message a week ago and now over 3 weeks later and they say they have it, it's just not scheduled. Is this normal? Usually it seems its 10 to 14 days but this is getting ridiculous

After 168 days of waiting patiently in the dark, we finally have it! Thank you Jesus!! We're really thankful for all the support we found on VJ, cause you aren't going to find it from the uscis that's for sure haha. And for all you still waiting, your day will come too, and it's amazing.