CrabKitty

From what I have researched in VJ, the annual income does not mean Jan - Dec 2014.

You need to show that you have a current income that equals the required amount above the 125% on an annualized basis.

A current income that will be continuing, so that going forward you will be making the required amount of money over the course of the next 12 months.

example:

http://www.visajourney.com/forums/topic/448715-i-864-65-current-individual-annual-income/?p=6447880

http://www.visajourney.com/forums/topic/379305-i-864-do-i-need-joint-sponsor-if-2010-and-2009-my-income-is-less-than-125-poverty/

Okay, thanks again. That answers my questions.

If you read the I-864 instructions:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 6. Sponsor's Income and Employment

5. Current Individual and Annual Income

It is stated that you may include evidence supporting claim about your expected income for the current year which you said will exceed the poverty guidelines.

So did you receive RFE from USCIS to provide more support documents for I-864 or told to get co-sponsor?

Thanks very much for the reply. I suppose I somehow missed that.

To answer your question. The letter I received asked for either more supporting documentation, or a second co-sponsor.

Which brings me to a question, while this is being discussed. My current yearly income is sufficient to surpass 125% the poverty guideline as is needed. But I've only worked that job for about half of the year. Is it that I must make a projected amount for this year specifically? Or just that my typical yearly income should meet those requirements? I hope I worded that properly.

Did you include your current letter of employment stating your annual salary, numerous pay stubs?

No, I didn't. As the I-864 never mentioned those things. That sounds like it would certainly solve the problem though. I wasn't aware that was acceptable information. The letter I recieved had a short list of acceptable documentation as well, and current pay stubs or a letter of employment were not listed. Is this still an option?

Hello Visajourney. Once again I find myself seeking your help.
Awhile back I was here asking for help with my wife's immigration. Among the collection of forms we submitted was the I-864 (Affidavit of Support). We have since then received a letter from the USCIS informing us that I'm not eligible to sponsor her as my income does not meet the minimum federal poverty level requirements. But this is incorrect, as I begun working a new job this year that more than exceeds the required level. The problem is that the information requested for the I-864 is my tax information for last year, part of which I was unemployed. So now I ask, what are my options? Are there forms I can acquire that will be accepted? Or will we have to resort to finding another supporter? Thanks in advance for any assistance you can provide.

Thank you so much to everyone that replied. We have sent off the application papers, and we're now waiting for approval. Everyone here has been a constant source of great help and advice.

I'll jump straight to it. My wife is a citizen of the UK. On her most recent stay in the US we randomly decided to get married, and we now have all of the appropriate forms prepared to mail to the Chicago, IL USCIS office. (I-130 Package and a I-495 Package) However, we are unable to send the paperwork until this Monday, which will lead to it arriving at the office by 3PM on Tuesday afternoon.

My problem is that her current Visa runs out on Tuesday, and I want to know if the forms will have time to process before she has to leave so that she may remain in the US as we wait for her biometric fingerprinting and interview? Or will she be staying illegally if she doesn't leave on Tuesday afternoon as originally intended?
Thanks so much for anyone who can give us an answer!

Alright, thanks everyone. We will just put "None - VWP" in the visa number blank, and leave the others with nothing.

So my English wife is here in the US on the VWP. We are recently married, and looking to adjust status. I'm currently filling out the i-485 for her, and I've come across a blank that asks for information I'm unsure of. On part 3 (Processing Information) it asks for her non-immigrant visa number, consulate where the visa was issued, and the date her visa was issued. As she's here on the VWP, there is no visa information in a physical form or printed in her passport. What am I to put in these blanks?

Of no consequence.

Good luck on your immigration journey.

Fortunately, we are in the 21st and women have rights and aren't considered property anymore. I remember a court clerk had the nerve of asking my mother one time why she didn't take my dad's last name, she exploded. LOL

You will not be affected whatsoever. There is now law or requirement that requires women to take the husband's surname. It would also have no effect on what they would think about your relationship.

Also just to let you know, some women opt to use their husband's last name socially (ie with friends and family), but not legally if that's something you would want you can do as well.

It shouldn't matter I would think, keeping your own last name isn't uncommon in the states. If it's something that keeps you up worrying at night just take his name and change it back after all the immigration nonsense is done.

no there is issue in keeping your last name.

I actually put my maiden name on my aos application. I haven't officially changed my name yet either.

Once your birth cert and id shows the correct name it is fine.

You just send a certified marriage cert with your application to verify you are married

Your name makes no difference. Good luck.

Thanks everyone!

We suspected as much, but since there's a lot riding on this for us, we wanted to be absolutely sure that something stupid like that wouldn't mess us up when the interview/processing comes; people can be highly subjective, after all. Now we have plenty more years to argue about whose name is better before we decide, haha!

Hi guys!

A little while ago, some people on this forum advised me and my boyfriend to marry whilst I was here on my ESTA visa visit and then apply for adjustment of status. I'm from the UK; we've been dating over two years. I was already in the US and intending to apply for a K-1 when we discovered this process, so this has all been a pretty intense ride.

The question I have is a bit trivial, but important: my now fiance and I would like to ideally keep our last names when we marry. I'm worried, however, that this will impact how my AOS application is received. Is something like that a red flag for whoever processes these things? Could that be used against us as evidence that we are not in a legitimate relationship? I am willing to change my name to his if that's the case, but we would prefer to keep our names until we can save up for a proper ceremony in the future.

Thanks!

Forgot to say. Get married first.....

Thank you very much for the help. I'll go look for the guide now. I hope you don't mind answering one more thing that my girlfriend asked me to mention? The duration remaining for her stay is 43 days, is this enough time to start this process without her being forced to leave?

If you are prepared to file a K-1 at this time, why not just get married and adjust her. Her intent at the time of entry was that of a tourist, so she has broken no laws. Also, although it is a VWF entry, USCIS has been adjusting those cases without a problem assuming that there are no underlying problems with the petition.

Get married now and have her adjust status while in the USA. Solved.

A big thank you to everyone who has posted! You've all made us feel a lot better about this.

But many of your replies have also created new questions for us. For any of you that have suggested we get married while she's here (like the two people quoted above), can you explain to us how to go through those steps? We both would rather wait to be married, but at the same time we've technically lived together in person a total of over a year now. And we both feel like we're ready if that is what is required of us to be together. So we had decided to apply for the K-1 Fiance Visa, because we were under the impression that it is our best option at this time. But if we're able to get married while she is here, and then have her status adjusted; that would be much easier. We were also under the impression that we can't be legally married if she doesn't have a Visa. She and I both would really appreciate any further information anyone could provide; such as, a general time frame, legal documentation to complete, and other such details. Thanks again to all of you!

Try a different airport.

I doubt making an appeal would make any difference. Bottom line she is allowed to try and enter the States again on the VWP.

We will try a different airport then. I'm still a bit worried she'll be denied however. What if we put forward all that money to get her here again, only to be denied? Regardless, thank you very much for your input.

I think the officer was on a power trip. She can visit you again on the VWP. What airport was it?

Philidelphia International. My girlfriend has had several bad experiences there.

He did have a bit of a power trip vibe when he talked to me on the phone. He raised his voice a lot, and also called me a "smart***" when I asked (in an admitedly frustrated tone) why his information was different from the website. He also blatantly lied to me about what my girlfriend had said to him previously when he questioned her.

Hello Visa Journey community. I've litterally just signed up to the site in hopes that someone here can provide advice for myself and my girlfriend?

We're a couple of just over two years, met online, you know how it goes. She lives in England, and I've visited her there once. She has been to visit me in the States twice previously, and is currently on her third visit. The first two times were about a year apart. However, this is where our current problem begins.

I explicitly recall the US immigration website stating that if you are traveling under the Visa Waiver Program (VWP), then there is no deterimined time bracket that you must observe between visits to the US. As long as it is not frequent enough to raise questions regarding an atempt to live in the US illegaly of course. Maybe I'm mistaken? Anyway, after about three months apart we pooled money together and she made the journey back for another prolonged visit. We made the mistake of assuming that 3 months would be a substantial enough time frame to seperate her visits without issue. However, an US immigration officer had other oppinions on the matter.

During a talk with her, then a talk with me on the phone, the officer informed us that 6 months was the required gap of time between visits to the US for anyone on the VWP, and as such she should not be allowed entry into the states. After questioning us about the prospect of her living here in the states with me, we explained that we plan to file for a fiance Visa so that we can get married and live her together. However we explained that with the waiting times involved, it probably wouldn't happen for another year or so. As such, her visit now was only going to be (I think) 89 days, and she would return home to england on a flight we already had a ticket for. He didn't seem convinced, but finally he told us both that he would let her in the country for her visit, but she would never be allowed to visit here again under the VWP. If she ever wanted to return to the United States, she would be need a Visa.

So this is our problem. We both find the idea of being apart without so much as a visit for the duration of the K-1 fiance visa application process to be really hard to stomach. I work, so I can't make anything more than a brief visit to the UK. I looked into how to make an appeal, but the webpage (http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions) mentioned that you could find information regarding how to make an appeal on your denail notice. She did not recieve a denial notice. I assume the officer is allowed to make such a ruling, but is there a way I can make an appeal? Or maybe some other solution I haven't though of? I thank anyone and everyone that can provide us with any information or advice.