SJ_Ulloa

5 minutes ago, USS_Voyager said:

 

Yes, I believe Child support would count, but not 100% sure, maybe someone else can answer for sure. Certainly help if your current income improves. However, that might not be enough still, as they look at average income the past few years as well. I think you have to get a cosponsor

 

 

I think your mom alone can. I don't think your step dad don't have to. Again, I am not 100% sure either. Someone else may need to step in.

 

When I sponsored my mom, I used my income alone, not counting my wife and we have a household of 5, and I know I was allowed to do that for sure by filing the I-864 EZ

DO your wife and yourself file taxes together? if that will not hinder her doing so solely than more than likely I will have a co - sponsor. She knows I am able to take care of him without assistance from her or the government, hes on my health insurance, we've done everything by the book - transferred his international license over, and that is what concerns me is his license is only valid until November and from what I understand they cannot extend it  

5 minutes ago, Paul & Mallory said:

I can't answer the part about child support, if that's considered income or not, but they likely won't consider a recent promotion or raise as a heavily weighted factor. I'm pretty sure they are still going to look at your recent tax history, meaning what you claimed as total income the last 3 years, and not by a new income increase that is not reflected in that evidence. They are going by the average over time, not just current, what-you-make-today numbers. I say this because I've seen people be unemployed up until close to when they submit the application, at which time they have a job with an income that meets the requirements, but that wasn't good enough.

 

I don't see any negative impact on submitting any and everything you can. But if it were me, I would still begin making an effort to find a joint sponsor just in case. You'd rather having someone on board that you don't wind up needing, then find out you have to have a co-sponsor and have nothing.

I agree with that- my daughter is 12 so there is no child care expense. We rent my fathers old home for practically nothing from him so rent isnt a huge factor, the main issue is findinf out if my mom would be able to to do solely without including my step father even though she files joint taxes with him. this whole process is just stressful and confusing as to why this issue was presented when I petitioned for him to come here. 

5 minutes ago, USS_Voyager said:

So you make $31k and the guideline is $28k. That might or might not be a mistake. It might be too close for comfort, and they can deny. The officer takes the totality of circumstances into account. Just barely over the poverty guideline does not mean an automatic "passed". I don't know what the cost of livings in Baltimore is, but I am familiar with the DC area just a few miles south and the Virginia side of DC (Alexandria, Falls Church, ... ) and you won't be able to live there with an income of $31k for a family of 3. For example, what is your rent? I assume there is a child or a dependent. What's the cost of childcare? Those 2 costs alone eat up your entire income....I bet that's what the concern it. 

would I be able to add in my child support as additional income? I can understand its close - but with this new promotion I received my new annual income is now 39k. Would resubmitting an AOS along with the offer letter regarding my new position showing the increase in my annual help? Or is this a lost cause? What would be the outcome if I am not able to find someone to co-sponsor? 

The only person who possibly would do this would be my mom however she files joint taxed with her husband since they are married. Would she be able to do this without having him co sponsor and she be the only co-sponsor or because her taxes are joint would my step father have do it? If that is the case than that is a no go- he would not sign up for that. 

13 hours ago, Loren Y said:

Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.

I do not own a house yet, that is something we were going to do once he received his green card, and SSN - would I be able to use my Vehicle as collateral? people technically do not own the homes they live in and finance the home through the bank, so would a car be the same?

I guess what I am not understanding is he is here... why wouldn't they figure this out when I first petitioned for him to come here, why wait until he has been here over 3.5 months, and I have been supporting him? This is what I am just not understanding. 

Per USCIS guidelines for 2018 - I have averaged more than the 135% in the last 4 tax years. I cannot help but to think this is a mistake, but I cant seem to talk to anyone to really find the answers I need. 

Does anyone know what happens if I am not able to find a co- sponsor? What happens with my husband? That is alot to ask of someone to sign to sponsor someone for the next 10 years. Especially when I am well capable of doing so and have done so for the last 3.5 months. 

2 hours ago, Loren Y said:

Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.

I unfortunately do not have any assets that I could list as collateral, I rent currently, and finance my vehicle.... and any savings I had went to this process 😞

2 hours ago, britishandusa said:

My husband and I had the same RFIE about our joint sponsor even though he was well qualified (he made over triple the amount needed). We called USCIS requesting a Tier 2 and we were informed they made a mistake.

 

We resent everything with a cover letter outlinging EVERYTHING. We even sent the Poverty guideline page with the highlighted part of how we met the required income. We attached W2, pay stubs, previous tax returns, and a letter explaining HOW/WHY we met the poverty guideline, what was discussed with the Tier 2 officer (along with a name), and a broken down explanation of our joint sponsor's income.

 

I know VJ Members will tell you to get a new joint sponsor because they did to me also but USCIS accepted our response and we got our green card two weeks ago with no issue. 

I spoke to a tier 2 person and she was such a rude woman. She basically said she could not talk to me and that this was no longer my case, that she had to talk to my husband. Then she said I can send in my tax transcripts again from the last few years as well as a letter stating I make over the guidelines and risk a negative impact on his case for adjustment or do what they say... I am going to try to call back tomorrow with him and talk to another tier 2 person if possible tomorrow to see if I get more clarification 

57 minutes ago, NikLR said:

What did you write down as your current income? Did you send paystubs to support this?

Yes I sent pay stubs, that showed a promotion within my employment, and informed them with this new promotion I would be grossing 39k annually and submitted my offer letter that states my new annual raise on there, as well as tax transcripts from last year. 

11 minutes ago, missileman said:

I don't see many options.........Generate more income or find a well-qualified joint sponsor....

Even if I make more than the poverty guidelines listed online? Wouldn’t that defeat the purpose of having guidelines in the first place? 

My husband and I submitted his application for adjustment of status, along with all supporting documentation. We received notice of application processing (797) as well as his biometrics appt letter including date/time. Today we received another letter than appears to be an RFE. 

When I submitted our application, along with document of financial support I included my last year tax transcripts. Per federal poverty guideline on USCIS for 3 person household is around 26,000. I brought home annually last year 31k as well as the last 2 previous years. 

Our RFE was in regards to needing a “co sponsor” because I do not “meet” the requirements!!?? When I called USCIS I was told they take the last several years and average out what you brought home annually! 

my husband was granted permission to the US and has been here for over 3.5 months! I’m so blown and frustrated that I have met over the requirement on more than one tax year and am being told I don’t meet the guidelines and now have to find someone willing to commit financially to our process. 

Has as anyone ever had this happen to them? What can I do? And what happens in the event I do not have a co-sponsor? I’m so defeated with this process and feel they make up their own guidelines as they go. Please someone help me understand what is happening! 

3 minutes ago, USS_Voyager said:

The I-765 (Employment Authorization) and I-131 (Advanced Parole-Travel document) are free when you file them together with the I-485. He cannot work until the I-765 is approved. 

great - thank you so much 

4 minutes ago, Ben&Zian said:

 

Like above. Once you file for AOS , the I-485, you include the EAD and AP documentation with supporting evidence as needed for free with the total $1225 cost for AOS and biometrics.

 

EAD/AP combo is probably about 4-6 months processing time right now, so until he receives it he cannot work. 

great- thank you! I just want to make sure that I submit the exact amount necessary so there is no back and forth 

8 minutes ago, geowrian said:

You have to file the I-765 for an EAD. Filing for AOS alone is not enough.

Once you have a green card (AOS is approved), then the EAD becomes obsolete as the green card is also evidence of work authorization.

File an I-131 for AP as welll.

 

No fee for EAD or AP. Read the I-485 instructions (around page 16 IIRC?).

 

No, you cannot work until the EAD is approved. You need the EAD as evidence of your work authorization for an I-9 with the employer anyway.

Thank you very much - 

I need some help! I am about to submit my husbands paperwork for his Adjustment of Status, as it is going on 2 months of him being here tomorrow (02/14) - I know that the fee for this process is 1140.00, and then an 85 bio-metrics fee. I also have seen people send in the I-765 (Employment Authorization Form) but noticed on the website that is a 410 fee. I have talked to a few people who sent in the form in with the adjustment of status but did not add the fee to the total payment they sent in. Some advised that the adjustment of status includes the work permit.

Can anyone tell me how this works. Do I send in the form with his adjustment of status and only pay for the status change and bio-metrics, or should I be sending in the fee for the employment authorization. 

The other question I have is if the employment authorization is processed allowing my husband to legally work in the US while his paperwork is being processed? I have tried looking online but could not get a clear answer, so figured no better way than personal experience from people who have done this process. 

Any and all help is greatly appreciated

1 minute ago, missileman said:

Visa Journey is THE source for the latest, greatest, and most accurate (usually) immigration information.....😏

Agreed- thank you again 

2 minutes ago, missileman said:

Have you read this guide ? https://www.visajourney.com/content/k1k3aos

 

 

Thank You! I did not see this thread, but this is a great step by step to help make sure I have everything! 

I am in the process of filing my husbands AOS paperwork and have gathered most of the documents, however what I found online does not include needing the Affidavit of Support form but request 4 passport photos. Also I have heard several different people mention they have sent in their marriage certificate but do I need to send in the original or can I send in a copy? Any advice would be greatly appreciated. 

I am preparing my AOS packet for my husband now and have printed and filled out the I 485 form. I noticed it has the date 12/13/2017 on the bottom and expiration is June 2019. Will this be a problem beings the date on the bottom of the form is dated in 2017 and it is 2019 or does that date just mean this form is the updated version? Any help would be appreciated! 

9 minutes ago, Fmert001 said:

My husband is coming to live permanently in the US and I brought a one way ticket with Jet Blue but now I’m hearing that since he is coming on a visa that I should have brought a round trip but since in the system CBP would that he has a green card....... POE will be Fort Lauderdale.......Should I be worried???

I just flew my fiance on Jet blue from the Dominican Republic on a one way  ticket with no issues. He should be fine. 

5 minutes ago, trodeback said:

We are in the process of completing a k1 visa (paperwork is with NVC currently). I was going through the checklist of what my spouse will need for the interview and she was showing me checklists of things she found on various blogs. I was filling out an i134 and noticed that it doesn't require stuff like a W2 (unless self employed), but the i184 does require last years W2. So now I'm confused if I will need to file for an i184 or if the i134 is sufficient.

i134 says the following documents need to be presented:

Submit in duplicate evidence of income and resources, as appropriate:
A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details
regarding the account:
(1) Date account opened;
(2) Total amount deposited for the past year; and
(3) Present balance.
B. Statement(s) from your employer on business stationery showing:
(1) Date and nature of employment;
(2) Salary paid; and
(3) Whether the position is temporary or permanent.
C. If self-employed:
(1) Copy of last income tax return filed; or
(2) Report of commercial rating concern.
D. List containing serial numbers and denominations of bonds and name of record owner(s)

I'm just afraid if this is going to be enough now or if I should try to file an i184 also. I'm afraid of giving previous years W2 information as I was only working part time in previous years because of attending school. I have only been working full time for the last 8 months at my current job (that does meet minimum poverty level requirements). 

For this process you just need to fill out the I-134... you will fill out the I-864 once you are married and petitioning for the green card 

25 minutes ago, James&Maggie said:

You have to love really great evidence 

It sounds like your ego and pride is bruised. There are so many questions- 1. how did you come about these letters as one member states this letter from the other man looks to be on a legal pad. 

Yes it sucks to feel taken advantage of however what your are insinuating is just a woman who wrote love letters to another man and vice versa... You cannot make the determination that she needs to go- kick her out of your house, out of your life in a sense however you cannot kick her out of the country, especially when you willingly participated in her journey here - child or not. Any parent would do what they had to for their child's well beings however you could have gone about it in another way. Joint custody, etc. You made the decision as a man to bring her here, and play house with a woman who you knew was "emotionally" unfaithful... Do you know if they ever had physical interaction? If they did how positive are you this child you mention is even yours. 

Alot to take in with this situation but as many others stated- the only thing you can do now as a man and as a father is co-parent, and teach your son how to be a good person, do not bad mouth his mother to him or in front of him... put your personal feelings aside and let go, swallow your pride and move on with your life. Her future is out of your hands. 

2 minutes ago, aaron2020 said:

US embassies were closed because they're federal employees.  

I figured that, just wasnt sure. Makes sense they would follow same closures regardless where they are 

Would this have also effected the US embassy's in other countries? I would assume so but you never know. 

7 minutes ago, PA2DR said:

I’m hearing conflicting stories.. is it ok that i scheduled my VAC appointment a day before my interview?? I know the medical has to be two weeks in advance and those are walk in.. just need to make sure that I’m ok with the VAC appointment and the interview the following day.

I guess it depends. When I scheduled for his interview it had me schedule his medical also. I did everything on this website: https://cgifederal.secure.force.com/

He was able to go and get his vaccinations and his medical done on the same day. AS far as getting vaccines the day before I am not sure, I cant imagine it would be an issue. My fiance had everything done on the same day, and went back 6 days later and picked up his results and a sealed envelope that he had to take to his interview. Not sure if this helps or not. 

17 minutes ago, emm21717 said:

Did you both attend the interview? I am trying to figure out if I need to be there with him

I did not attend, as I could not take time off of work. He went yesterday and they asked questions about our relationship, my daughter, and some questions about how/where we met etc. They seemed ok that I was not present and approved our visa. 

I know some people say its best to go, and that may be true, but financially we thought it best not to spend all the extra money in airfare and car rental only to turn around possibly in 2 weeks to purchase his flight here to the states. You have to decide what is best for the two of you, but I have not seen anyone denied due to their significant other not being present. As long as he is prepared and knows everything he should be fine. Also make sure he knows your phone number by heart as that was one of the questions they asked. I do not even know his number  

Best of luck to you in your process!