Rob&Jen

Hi!

I interviewed at London on Thursday. I only ended up needing the following on the day:

- Letter from the embassy with approved I-129f

- Confirmation of appointment date and time

- Confirmation of DS- 160

- Passport

- 1x Photo (US size)

- Birth certificate

- Police Certificate

- Affidavit of support

The website says to bring photocopies but they didn't ask for any. I had come over prepared with lots of relationship evidences etc. and whilst none were needed it did make me feel more confident to have everything I could possibly think of with me!

If you have ever been divorced I would bring your divorce papers or anything like that too.

Good luck with your interview!!

(They didn't ask me for NOA2 - I believe you may need this in the AOS process so keep it safe!)

Thanks.

I've never been married so that's not a problem.

Do they still take all the docs at the first screen and then discuss them at the second screen?

Hello,

My interview is booked and I have the following docs ready:

• Printout of appointment schedule, MRV fee and courier selection.
• Original and copy of NVC letter and embassy case receipt letter.
• Original and copy of birth certificate (long).
• Original and copy of policy ACRO certificate.
• Printout of DS-160 confirmation.
• Original and copy of NOA2.
• Original and copy of Knightbridge medical info.
• Current and previous (youth) passport.
• Copy of approved I-129F.
• Sponsor's (primary) letter of reference, I-134, 2015 tax return (1040), business licence with photo of his work truck.
• Fiancee's letter of intent, I-134, 2015 tax return (1040EZ), W2s, employment letter, pay stubs, bank account.
• A select choice of Facebook correspondence extracts and photos of us together over the many years, plus valentines and birthday cards.
• 2 x US passport photos.

I know London is fairly easy-going so much of this is overkill but I feel better having too much than not enough.

Just wanted to make sure I haven't missed any of the essentials or if anything extra is required that hasn't been updated on the official websites.

Also, my passport photos are the same as the ones I submitted with the initial application so they are only a few days over the 6 month period. Will the consular notice or care? I really hate photobooths.

Oh and my NOA2 happens to "expire" on the day of my interview but as I understand it this isn't a problem with the letter of intent in hand.

Thanks

Thanks Nick. That should be all the help I need for now.

Probably should not have told us that. Makes people wonder if he is trying to hide something illegal.

No, it's nothing like that. He just worries about possible affects on his credit rating and isn't a fan of "big brother" looking into his affairs. He's a bit old-fashioned about stuff like that.

OP: Again I don't know if he's using just his salary or a combination. But if you're going with a Tax Transcript and he makes enough via his salary alone, just stick with that.

The I-134 doesn't need proof of US citizenship either. Again we got by in London with a tax transcript and an employer letter. They don't want to see tons of things. If using assets then you'll have to find evidence relating to that.

For AOS you'll need proof of citizenship. But we also just used a single tax transcript, an employer letter, and 6-10+ months worth of pay stubs. The USC fills out one I-864 and the joint sponsor fills out an I-864.

I will not comment on his concerns, because my opinion is if there is any question as to the co-sponsor's validity with the IRS, it's probably not a good thing to get yourself involved in for stability reasons. Whether the USCIS cares about this and accepts at face value I don't know.

He's self-employed, so he doesn't have any W2s or pay stubs.

Yes. For current income line, it should match 2015 tax return Line 22 just because he is self employed. He won't have pay stubs or an employer letter to prove what he is making current, so go with the only proven number he has that will fly with USCIS...his tax return. Then he builds on that with assets if it does not exceed the $40k number. But remember the math...if he is $10k short, then he needs 5 times $10k in assets. Hopefully he isn't short of the $40k mark. Easier to fill out that way.

USCIS is not going to audit how he filed. They aren't tax people. They just want to see what he filed. A tax return transcript (free from IRS) is better than photocopy of his actual tax forms.

Jen got him to agree to be our co-sponsor this weekend. He's ordered his 2015 tax transcript and will fill in the I-134 next weekend.

So far he's providing: signed letter of intent to support me, copies of tax returns (1040s), Treasury Dept. Transcript, business licence and tax transcript.

Will this be enough evidence for both K1 and AOS?

He's still concerned about the USCIS running a background check on him and questioning the information he gave on his returns but I'm right in thinking they take the returns at face value so long as it matches the information on the forms (both I-134 & I-864)?

And does he also need to provide proof of US citizenship for the I-134 or this that only for AOS?

Thanks in advance.

I added an edit so go back and read the rest.

Yeah I caught that. Good to know. Although we might have to settle for his 1040s and W2s for the I-134 and use his transcripts for the I-864. My NOA2 runs out on 18th August.

Well maybe not considering the wait time for interviews are around a month from the time you book.

Yes. For current income line, it should match 2015 tax return Line 22 just because he is self employed. He won't have pay stubs or an employer letter to prove what he is making current, so go with the only proven number he has that will fly with USCIS...his tax return. Then he builds on that with assets if it does not exceed the $40k number.

Nice. This just might work then.

He owns another property btw which he occasionally lets, but not at the moment, so he won't be in "hardship" should he use the house as an asset.

Thanks

Hi,

Sorry, but your new Joint Sponsor is not a good choice. You have someone who is married filing a tax return with fraudulent information about his marital status since he is not single as he reported. Why would the US Embassy accept a return with fraudulent information even if he does have the income and assets? There would be reason to review a tax return with fraudulent information. You need a JS without a tax problem.

Do people just skip over every other post on this forum?

I already said it was how my fiance phrased it. She also said he filed separately. So don't assume there's any fraud involved. Just poor phrasing.

If a loan could satisfy the Affidavit of Supports, then it would make the AOS forms a joke. Why bother if someone can take out a short term loan to meet the AOS financial requirements?

Borrow $50,000, use it for immigration and declare the borrowed assets as your own (when it's not), and then return it afterwards. Oldest trick in the book. This is obviously not an asset that will provide for the intending immigrant if needed. It's a trick. We all know that it's a trick. The US embassies are fully aware of this trick.

Yeah... this has already been covered. I won't be doing that.

He is married with 3 kids, so household of 5 plus immigrant = 6 for the purpose of the adjustment of status I-864.

$40,825 income needed.

Because he is self-employed his 2015 tax return form 1040, Line 22 needs to exceed that amount. It is not how much he takes in each year in his business. All business deductions have to be considered so that's why the specific line on his personal tax return.

Thanks Nick.

As a landowner and asset holder he can still list them (and savings) to meet the income amount, right? So long as the total figure meets the requirement.

The fact that he filed his taxes single is NOT OK, he is still married he should have filed Married Filing Separately.

I'm quoting my fiance so that might simply be how she words it.

UPDATE

We potentially have another co-sponsor lined up who is still married and has two legitimate kids and a third born outside of wedlock. None of them are over 21. He's self-employed, owns and runs his own business and owns his house and a large plot of land. So basically, he's in a much better financial position than my last sponsor.

His wife and kids moved out last year due to marital problems and he's currently paying alimony and child support. On his last tax return he filed as single but they aren't divorced. Does he still need to list them as dependants on the I-134 and I-864?

Instructions for I-864 state:

I am sure the idea is that he wouldn't use the money, just let it sit in the bank for show and then give it back.

This is correct. And as I have already stated I won't be pursuing this idea any further. That's why I put the question forth on this forum. To learn any pitfalls to my plan. And I'm grateful for everyone's input. Jen and I will be looking into finding another sponsor.

http://jobsthathirefelons.org/

She's not a felon but I am very familiar with that website.

Why can't your fiance get a better job?

She had a run-in with the law about 7 years back. Makes it difficult to get a job anywhere. She should be able to expunge next year though.

How employable are you? Are you reasonably certain you can get a good job here in the U.S. after you get here? If you can give your former sponsor an indication that you definitely won't be a risk, i.e., that you'll be able to find a job with absolutely no problem (meaning he won't have to worry that you're going to be going on food stamps or other government assistance) maybe he'll help.

I work as a CSR for an insurance company which is a very prominent business in Allentown, PA.

I don't foresee encountering too many hurdles but you never know.

My fiance suggests that I try asking Trump for a small loan of a million dollars. I'm skeptical though.

Something else to ponder: the I-134 is not legally binding so why did the co-sponsor change their mind?

(I-864 on the other hand is legally binding.)

Oh he mentioned it offhand to his lawyer and apparently the guy went guano over it. Told him he could be liable if I ended up in the hospital.

I'm sorry, I don't have an answer to your question. I do wonder, however, why it's taken 5 years of trying to push your application through? It looks like you've only just applied in February. Have you tried filing multiple times? I'm just always curious when things go wrong...why? Best of luck on your journey, and I hope that it works out for you this time.

It's taken us 5 years to be in a position to afford the process but that was dependant on our co-sponsor following through. He was SOLID. Except apparently he got his taxes wrong many years back and the gov't decided now would be a good time to come after him. He didn't even know. My luck, ladies and gents.

And yes, I'm a bit paranoid and overly cautious about the whole process because this kind of bad luck follows me everywhere.

I had an idea about getting a loan that I thought could be handled with minimal detriment to myself, but as it's been made clear that won't fly with the USCIS so my fiance and I will have to find another co-sponsor (which after talking to her earlier might be a possibility).

We're just in that unfortunate situation where all our friends and family are no better off than we are so money is a problem. We could be stuck waiting another 5 years unless we do what we can to make it work now.

Thanks for everyone's help.

Ok, I get it. You've decided you want the American Dream. But on $7000 a year between you (it will be many months before you can work if you are doing K-1) it's going to be tough. Much more to life than the weather. What about healthcare and its costs? On $7k a year between you that must mean you won't even have your own place?

Not sure where you're going in the USA but few places have "better" weather than the UK. Hotter, yes. But with that comes storms, hurricanes, tornados, drought, wildfires, earthquakes, etc. I wouldn't live in my husband's birth state, California, for all the tea in China!

I was joking about the weather (sort of).

Yeah, her income is abysmal but I'll have enough savings to take care of us. But like I said before: not enough to meet the difference x 3. Which is why I need a co-sponsor.

I think you've misunderstood something.

It's perfectly acceptable to marry under the VWP and leave. We did. Many do. Virgin Holidays makes a fortune out of Brits going to Las Vegas and Florida to get married. I think Las Vegas is one of the top destinations for Brits getting married abroad. You don't need a K-1 just to get married and leave. Use the VWP for that.

I dint know what on earth you mean by "I'm a terrible liar so it's a risk". I never once lied to immigration in over 40 trips and got married on the VWP. It's not illegal so what's to lie about?

You do have another option - a UK spouse visa for her.

Brits can marry other Brits in the US no problem, of course. But when one half of the couple is a USC doesn't that set off a lot of alarm bells? The risk of me trying to file for AOS is something they would want to avoid, surely?

As for "lying" I refer to being coy with the officer. There are many on this forum who are of the opinion "Yes you can marry on the VWP and leave afterwards, but don't let on to the customs agent or he might suspect you of planning to stay and deny you entry". It's a long flight and lot of money just to get told to go home and come back with a K1.

Perhaps I'm being a little paranoid in that respect.

Entering on an ESTA planning to marry and leave is perfectly, 100% legal.

What you can't do is enter with the intent to marry, stay, and adjust.

I know. But with my luck I'll get an officer who takes exception.

If your job is better than hers, why doesn't she move to the UK?

I only earn £14,500 a year. She doesn't like England. I don't want to spend my life in England. We both agreed long ago we'd live happier in America.

Plus the rules for UK fiance visas are worse than the US so go figure.

And the weather here sucks.

If you get the K1 or even when one enters on VWP and decides to marry & stay (I know you are not planning this), one does NOT file for CR1 inside the US. Visas are for entering. Once you are there & married, however that came about, you'll file for Adjustment of Status (to get you a GC), not any kind of visa. Semantics, but makes a difference. If you manage to get the K1, go to the US & get married, you may file for Adjustment of Status whenever you wish (some people file years later), but you cannot work in the meantime (and once your 90-day stay is up you are in theory deportable, but that is extremely unlikely to happen. Even in the unlikely situation that you'd be picked up by ICE, once they realize you can legally adjust, they most likely would offer you to do that, rather than deport you. Obviously, you'd want to avoid that whole situation.)

The immigrant's assets can be counted. How long the Embassy would want the immigrant to have had the money in their possession is the question.

Perhaps I wasn't clear on that point.

What I meant was I would at least want the K1 to succeed so that I can legally enter the US to get married and then leave and file for the CR1. If I can't salvage this application I might be obliged to go down the VWP > Marriage > Leave > CR1 route but I'm a terrible liar so it would be a risk. And I'm fairly certain customs will know about my application attempt and draw their own conclusions as to my intentions.

Apparently a loan is out of the question for all the reasons stated by the good folks on this forum.

My only hope is another sponsor then. Bollocks.

Missing something here / money for assests has to be in her savings / checking account / not yours / your income is not counted

Not from what I've read so far. I could send her the money to include in her assets but that solves nothing. Same conundrum of explaining where the money came from and etc.

If you don't have a suitable sponsor for AOS, then it is foolish to come here because you won't be able to work until you get one. If your sponsor got scared, maybe try to explain things better? You could be a USC in 3 years and the sponsorship would end. Also, the sponsor is not required to give you money or anything.

Foolish? Yes. But I'm desperate.

I'm looking for any way to make this work, at least for the visa.

At worst I want to try to get married over there and then file for CR1 later. That will give us time for her to either get a better job (which is very difficult) or find another sponsor / wait for previous sponsor to straighten out. I'd really rather not try the VWP to CR1 process either.