bernie_elizabeth

My spouse and I are traveling with my band (which she now plays in) to play a concert in Canada this week. She has her combo AP/EAD card but this is going to be the first time we're leaving the country since getting married. In the event that they want to question her when we come back into the states, I'm wondering what my rights are as a US Citizen spouse? Do I have the right to be present if she's questioned? Has anyone had this situation come up?

I have no reason to think she'd have an issue getting back into the country, but because we're leaving the country and re-entering as what would be considered a work-related trip, I'm a bit worried a regular border guard might not be familiar with work authorization while our AOS is pending, and she's not a permanent resident yet.

Has anyone been asked for paperwork besides passport and AP/EAD card? Should I print our marriage certificate?

Any advice or anecdotes would be much appreciated!

I'm looking forward to my fiance's move to the states in May and we're trying to make sure she has health insurance the entire time she's here. I've been told by my health insurance and the NY state insurance marketplace that if I add her to my insurance after we're married, her insurance will be effective retroactively from the date we're married. However, there is a week and a half that she'll be here before we're married and we're trying to find temporary health insurance to cover that period of time.

Has anyone bought temporary insurance in NY state? I'm seeing information online that says those types of policies are illegal in NY state but then posts on here are saying that there's special insurance for immigrants. If anyone has used a specific company, and in New York State, all suggestions are appreciated! I'm hesitant to just go with something we find on Google and don't have many friends who have been through this process. Thanks!!

You should take a look at the United Kingdom specific forum. You can also read reviews of the London embassy for K1 visas if you click on Reviews: Embassy/USCIS at the top of Visa Journey. People have listed how long their interviews have taken, etc.

I've read that interviews can take only an hour or two, or a bit longer. You can also arrive early, but I'm not sure just how early they'll allow you to get in line. Definitely check out the reviews!

Our interview is coming up next week and I'm feeling nervous, probably for no real reason.

My only question is still whether or not listing a number for "annual income" that is a few thousand dollars higher than my most recent tax return will be a red flag for the embassy. The letter from my bank reflects that I've made more money in the past 12 months as well. Should I just list the same number as Line 22 on my tax return just to keep things simple? Has anyone encountered one of the agents asking many questions about these sorts of differences? I can't be the only one who doesn't make a uniform annual salary.

I was thinking I could write it out in my employment verification letter, that my annual income for 2014 is X while my 2013 income, as reflected in my tax transcript, is Y.

I'm probably overthinking, but I don't want to have to wait to submit more info. If any other self-employed folks want to chime in, that would be rad!

Thanks for the detailed reply! I think this is why I'm confused because I had read previous letters or just that info that other people had posted. The paragraph of our letter states:

"The K 1/3/4 petition is valid for four months from the priority date (listed at the bottom of this letter). If your interview will occur after your priority date, your fiancé must submit a statement of intent to marry within 90 days of your arrival in the US in order to revalidate the petition. Photocopies will not be accepted. Please submit on the day of your interview."

No mention of it needing to be notarized. But do you see why the wording is confusing? We need to submit it within 90 days of her entering the US...and also at the interview?

Thanks folks. Our interview is already scheduled for AFTER that 4-month priority date deadline, so I know this issue comes into play somehow. I think bringing the letter to the interview should suffice, but if anyone else has experience with this, please chime in! Thanks again.

Have any petitioners here had to re-send their letter of intent to marry before their fiance has the interview? Specifically, if the interview is over 4 months after the priority date? I feel like I remember reading that somewhere and it's bugging me. Ours is a couple weeks after that deadline and in the interview letter it says that we have to send one within 90 days after entry into the states, and to bring it to the interview. But the wording is confusing and I can't tell if they mean to just bring another one to the interview in London....or what. Should I just send one to the London embassy now?

I figured other people have had to deal with this issue but I'm not seeing any other posts when I try to search for it. Thanks so much!

Thanks for the reassurance. I will include the letter and bank statement if only because the bank statement confirms the savings that I note in my I-134. I'll post about how it goes, once we see what they say! Thanks again.

Hi everyone, I know I've asked a similar question before, or just looked for the answer meticulously, but we're preparing for the interview (hooray!) and I want to make sure I have the right paperwork.

I'm self-employed and have the following paperwork to prove income:

The I-134

My 2013 tax transcript

Statement from my bank with deposits from the past 12 months

Letter of self-employment

For the letter of self-employment I used a similar letter to the template found here: http://www.visajourney.com/wiki/index.php/Employment_Letter

The bank statement and letter of self-employment are different numbers and both higher than the 2013 tax transcript. I'm wondering if the letter should swear to my income for the past 12 months instead of my expected income for the year 2014. Does anyone think that that would make a difference?

I know that technically the tax transcript and bank statement would be enough but since I'm self-employed I'm assuming having the letter would be helpful. I'm paranoid that since I don't make FAR above the income cutoff that the officer at the consulate will deny us. If that were to happen, would we be able to appeal with a co-sponsor?

Thanks again for all the help. I'm looking forward to being able to answer folks questions as well once we're through the interview and a bit less stressed!

Thanks for the info on UK passport renewal and the suggestion to copy all the pages first. I'm just glad this won't pose much of a problem beyond having to wait for the new passport before the interview. Thanks!

I'm having a hard time finding a K1 specific answer to this via search. I'm wondering if the beneficiary of an application gets a new passport between NOA2 and the interview (in order to have over 8 months left on it at the time of entry) if that's going to mess up the application at all. So long as she can keep her old one and the existing passport stamps, just in case we need them for relationship evidence, it shouldn't be a problem, right? Has anyone else renewed their passport mid-process? Just looking for some reassurance. Thanks!

I just woke up to the email that we have been approved! NOA2! Our NOA1 was 4/30

A bit nervous now for all of the next steps but excited to move forward. Thanks everyone for the help and advice thus far!

I just saw out status is that the application is being sent to my local office as well. As of August 11th.

Thanks. And that's interesting and unnerving that they never sent a physical NOA2. I'm definitely calling the day after the 5 month mark if I don't hear by then!

I never received an notice for ARN at all. I called and asked and they said I may or may not. Not to worry.

Thanks! Good to know!

I'm hoping the March filers still at TSC don't get left waiting while those transferred get approved before.

If these transfers keep them on schedule, it seems feasible for them to hit March by the 5/5.5 month mark. Fingers crossed for you!!

Is not having an ARN a couple months after NOA1 a thing to be worried about? Our NOA1 didn't list an ARN and that's the only notice we've received thus far, apart from this transfer notice.

If the CSC is still processing things chronologically then the ones that were transferred should be worked on pretty immediately, I would think. Seems unfair to those at TSC who filed earlier, and I'm saying that as someone with an April 30 NOA1 date who was transferred. But maybe this will just even everything out and keep everyone approved by the 5 month mark?

I'm just hoping it won't mean 5 months from this new transfer date. Anyone have previous experience being transferred?

We had a NOA1 date of May 5 and our status on the USCIS website says our petition was transferred from TSC (I'm assuming to CSC?) on August 8. No hard copy letter as of yet. Fingers crossed this means our application will stay on track!

She just said she had other clients get an RFE for it. Even though they don't ask for it in the instructions. Strange. But the information there would've just supported our case, so I guess it won't hurt us at all.

Good point though, I'll make sure I fill it out again, with the relevant documents updated, and send it along with her to the interview.

Where did you read it? It is not in the instructions for the I-134

Supporting Evidence

As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

Notice it does not give a dollar amount or instructions on how to make up for a shortfall of income with assets. It is the form I-864 used for spouse visas as well as your fiancé's AOS application that has specific instructions about amount, assets, shortfalls.

I can't confirm what your interviewing officer will view as acceptable. but you can read what their guiding instructions are straight from the Foreign Affairs Manual. Most of it is details about the I-864, but you will find I-134 discussion on page 15-16. Don't miss the last paragraph on page 15. http://www.state.gov/documents/organization/86988.pdf

You might also like this bit from the Dept of State FAQ http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9 Which says--

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

That was a typo- joint sponsor it should say.

It is well documented that beneficiaries are allowed to self-sponsor by London. In that case, there is no I-134 at all. The beneficiary presents their finances...savings, house sale, proof they will continue to be paid by the App Store for phone apps they have created and continue to sell <--(yes that is a real UK forum experience.)

One last thing to read from London concerning public charge http://london.usembassy.gov/faffidavit.html

I can't find where I read the 125% issue but it may have been on a forum here or on another immigration site. I sent in the I-134 with our initial application on the advice of a lawyer I consulted who said they would almost definitely request it as a RFE, so I should save myself the time and send it in right off the bat. I included the I-134, a copy of last year's tax return, and a letter from my bank about my savings.

My income is over 100% of the poverty line (for two people), but not 125%. From what you're saying, it sounds like we're fine then - or at least it wouldn't stop us from getting an NOA2. I just got scared for a second that they would deny our application now based on my income.

Moving forward though, it sounds like I should make sure we have my past few years tax transcripts and evidence of both of our savings to take to the interview.

If you or anyone else has any experience with providing evidence as a self-employed person, I'd love to hear stories/experiences

With self-employed the proof comes from line 22 of your form 1040. There are no pay stubs or employer letters. For a fiancé and an I-134, there is no "5 times" rule and 100% of the poverty level can be accepted. It is a subjective decision by the officer. Your Roth might impress him. If your UK fiancé has some good savings, bring financial statements. London will be pretty flexible. A joint spouse sponsor might be the best choice, even if you only produce that if they don't like what you offer.

Sorry, I'm not sure if I quite understand. I thought I read that the requirements for a I-134 and fiance visa that you either had to make the income cutoff with line 22 of your form 1040 OR make up the difference with another cash asset, like savings. Are you saying that this isn't the case overall, or just for England?

And just to confirm, in the case of being self-employed, they'll accept it if I can prove income of 100% of the poverty line for a 2-person household? (it's just the two of us)

I'm also not sure what you mean by a joint spouse sponsor, since we won't be married yet, and I didn't think it was an option to present my fiance's income for a K1.

Thanks so much for all the info!

I'm sponsoring my fiance who is a UK citizen and I've heard every embassy is a bit different when it comes to how they deal with the income requirement.

Can anyone who is self-employed share the kinds of documents they needed along with the I-134? Tax returns, proof of income, letters from clients, etc?

Also, my income for the past few years has been below the cutoff line, but I have a Roth IRA with more than 5 times the difference. Technically this should be okay, but I'm worried they'll still deny us without a co-sponsor. Has anyone on here applied with a similar situation without issue? My income may change between now and the interview in a few months but assuming it's still below the line, I'd like to be prepared.

Any tips would be much appreciated!

I would check with the health exchange of the state you are moving to. In New York State, some of the qualifying life events to enroll in new health insurance through the state-sponsored exchange are:

• Becoming a citizen, national, or lawfully present individual
• Permanent move to NY, or permanent move from one county to another within NY

I would think that one of these might qualify someone immigrating, as soon as they move here, though there may be residency duration requirements, as someone else stated.

It has kinda been mapped out for you if you will look at the pinned threads at the top of this UK forum. There is a pinned guide for K1s going through London. A few changes to the original info are added after post 8. For example you are now allowed to bring phones into the embassy and DOS quit answering K1 phone calls.

I can assure you getting a medical appointment is the least of your concerns. The longest wait I can recall was a woman with four kids who needed a large block of time for five medicals on the same day.

Thanks. I read through those pinned posts and the medical part was the only thing I didn't see an estimated time-frame for. Thanks for the reassurance about the appointment though. The waiting period for our NOA2 has given me all this time to worry about all the further details! :-)

Thanks again for the help/explanations.