KhmerAmerican562

So under the affordable care act, it looks like my wife may qualify to be covered, as her AOS is pending.  Under the "Welfare Reform Act" stated on form I-864, she will not be considered a "Public Charge"?

Brief History:

I was a single father living abroad for 8 years.  I moved my son back to the states for school and I was notified that He and I qualified for MediCal under Covered California, so I got us both covered, since I didn't have any financial record in America.

I left my son with my mom for about a year because I had to return back to my fiance, to prepare for the I-129f K1 Visa.  

We are all back in America now going through the AOS  process.  We have been here for almost a year but I didn't land a job until about 8 months ago, so my earnings for 2018 wasn't that much.

I have a joint sponsor to help with the process.  Anyways,  I would like to get my wife covered for the time being, just incase of an emergency.  Please note that the goal is not to stay dependent on the government.  I just have 8 years to make up for, while being away.  I never thought about getting her under Medical until I read Part 8 on form I-864,  would getting her covered under Medical affect her AOS eligibility?  

Again, our goal is to get situated and financially stable as a couple and not rely on the government forever.   My wife and son are solely dependent on me for now, so I can't afford proper health coverage for all of us but once my wife's AOS goes through and is able to work, then a 2nd income will definitely help.

10 minutes ago, K1visaHopeful said:

 

Thanks for the quick response.  I'll expect my wife having to undergo another exam but looks like we have some time to do it.  I'll plan for her to do it before the interview just to be safe, it'll give us time to research a local Civil Surgeon.

Hi, I'm getting ready to file AOS for my wife, and it'll be about a year and a month past her overseas medical exam.  How would this be calculated, from the date of the exam to when the !-485 form is received? If so, it'd be longer.  How lenient are the IO's, is it a hit or miss?  I do not plan to submit the I-693 form with the I-485, in hopes they do not require us to get another exam.  *It even states in the instructions that it's best to wait, to avoid having to repeat the exam.

If they RFE, will they notify us before the interview, if we are called in for an interview?  If they do not notify us and we attend the interview without the I-693, but require one, I assume we would need to schedule another interview, or would we have to go through the AOS file process again?

Anyone go through a similar experience?

thanks guys! yes great idea..will protect it.  So much excitement, i'm not thinking straight.  I was overwhelmed with paperwork, documents and waiting.  Was so nervous in the embassy, with my fiancee, so glad we passed.  But i'm still having a bit of anxiety, thinking about our arrival and the things we need to take care of in America, but at least the hard part is done with.  Thanks Again.

2 minutes ago, missileman said:

and one more thing.......sometimes the sealed package which you must submit to the CBP when entering the US is torn between the time the consulate issues the visa and delivery to the immigrant....If that happens, it has to be resealed by the consulate........that's why that warning is usually in bold letters.

ok thanks.  now what if that sealed package is torn during travels?  we'll make sure it stays sealed but you never know what may happen.

Hi all, just curious about this note on the blue card.  We recently got approved and was given the blue card, as to when we should pick up my fiancee's visa.  on the back it says, "You are advised not to make any travel arrangement for departure from this country, not to dispose of your property or give up your job until the visa has been issued to you."

We are suppose to pick up the visa next week but I want to start planning now, booking flights, giving notice to our landlord etc.   what are the chances of the visa not being ready or if any other reason, the visa is not issued.  Anyone have any negative experience with this?  

I think this is just a notice, for the embassy side, incase they do not issue the visa on time.

Just an update. we got APPROVED!

In regards to the i134, the embassy only took my affidavit form and 2017 taxes, that was it.  No bank statements etc.

On 3/8/2018 at 1:11 AM, David & Zoila said:

It never fails to amaze me that people in the US will want to bring a spouse into this country when they don't have the financial resources to support themselves, let alone a spouse and possible children in the future.  With all due respect are you sure you want to do this?  Are you sure your future spouse/children want to live at or below the poverty line?  Just a thought.

are you sure of my financial standing and my current situation?

29 minutes ago, ShyLucy said:

We got your back. We are with you in this journey. We are helping each other here. 

Hi. Thanks for this.  Yes this forum is very helpful and helps relieve the anxiety and stress levels.

2 minutes ago, ShyLucy said:

You can both have the 2(fill your I-134 and ask your co-sponsor to fill also) Prepare your pay stubs 6mos-1 year ago, employment. Better you are most prepared with the needed documents. Too much proof is better than sorry. 

 

Here lemme share to you my screenshots.

Thank you for this.  I hope this all works out.. the i 134 and my current issue is stressing me out.

1 minute ago, ShyLucy said:

For example there is only you(petitioner) and the beneficiary. You need to earn $20,575 annually. And so on and so forth.

ok now I got it.  Last year I made over that amount abroad but I do not have the tax forms to prove it.  I'm currently doing my 1040 and 2555EZ form, will submit it to the IRS soon.  My fiancee interview is coming soon, and not sure what to do about the i134.  Can I show my 1040 and 2555EZ forms with proof of courier receipt, pay stubs and a letter from my employer? or should I still go with a co-sponsor and showing proof of my current financial status?

Just now, aleful said:

nope

 

you aren't part of the joint sponsor's household size only the beneficiary

 

yes, the joint sponsor has to count your fiancé as part of the household

 

 

So the household would be for 2 or 3?  Is the sponsor included in the household number?

2 minutes ago, ShyLucy said:

The dependent is the one that should be counted.

 

If there are 3(including the petitioner and you) of them he/she needs to have an annual income of $25,975

I am the Petitioner, since I am using a co-sponsor, does me and my fiancee automatically count as a dependent?   

In my situation,  I am living abroad with my fiancee and can financially support us but I need a co-sponsor due to lack of tax forms.  My Co-sponsor doesn't make much and I they currently make above the poverty guideline based on their current situation, that I have stated above.  they only have 1 dependent.

Hi all, how do you determine the poverty guideline.  I understand the income part, but how do you determine the person in the household part?  For example, I plan to have a co sponsor, there are 3 other people in the household, including her, makes 4 total, but only 1 person is dependent on her.  So for the guideline, would this be rated at 4 people in the household or 2?

Also for the i134 affidavit, do you need to make 100% or 125% of the poverty guideline.  Please help clarify as I have read different information about this and nothing is stated in the i134 affidavit instructions.  Thanks.

3 hours ago, Delilah8 said:

Hi,

 

My fiancee (Canadian) and I are at the packet 3 part of the K1 process.  We have a few questions:

 

1. Is this all purely sent through e-mail?  Or do we physically send them the checklist, at least?
2. To verify, we only send the checklist, not the contents inside the checklist, right?  It's just to show that we have them?
3. My fiancee has no court or military records.  Is there anything for us to provide regarding these, such as proof that we have no records?
4. For things on the checklist that do not apply to us, do we check them anyway?  Should we put "N/A" next to them or anything?
5. On the checklist it asks for my financial documents: which documents are they referring to exactly?  They go along with the affidavit of support.
6. How do I prove my domicile in the US?

 

Thanks for reading,
Wayne

 

 

Hi, how I interpret it, it's just a checklist for your reference.  you will need to bring those documents during the interview. We plan to use the checklist as the cover page for our documents, when we go for the interview.

Unless the specific Embassy your fiance/e is at requires you to email the checklist.

16 minutes ago, Londonergirl said:

It's the foreign fiance who goes to the embassy, not the US citizen.

Let's wait and see if someone can give a bit better advise than me. 

yes. i'm not sure if you understand what advice i'm seeking.  For the Cambodia embassy, the petitioner is allowed to go with the beneficiery to the interview.  It's up to the CO to allow the petitioner to join the interview.  Again, my questions and concern are about the i134 affidavit.  But thanks for your input.

8 minutes ago, Londonergirl said:

It was someone in here that told me that the other day that the US citizen has to live in the US to petition for the K1 visa. That person could have been wrong of course. 
All you can do now is to contact USCIS and give your new address. 

I sent the petition when I was in America.  my i-129f petition has been approved, it went thru and approved by NVC as well, and now the next step is the interview at the US Embassy here in Phnom Penh, Cambodia.  My question for everyone is in regards to, my situation, and the i1134 affidavit.

12 minutes ago, Londonergirl said:

I don't think you can apply for K1 if you don't live in the US?

USCIS and NVC approved my petition.  In the i129f form, I've stated that I live abroad.  If this was an issue, would they have approved my request?  I still do get mail at my mother's address and I have visited many times the past years.

Hi All, I've been doing a lot of reading on this forum and finally decided to sign up.  I need some help and advice:

Background:

I moved to Phnom Penh, Cambodia in late 2010 and have been here ever since, with a few trips back home (California).  I have not filed Taxes since 2011 (filed for 2010 was the last time).  At the time i was involved with a local girl and we had a son together.  My son's mother and I never got engaged or married.  In 2014,  his mother and I split up and it was agreed with a mutual decision that I take 100% custody.  In 2017, I brought my son to America for school.  He is currently in America and I have returned to Phnom Penh, Cambodia.  *my mistake on not filing taxes, I was under the assumption if you do not work in America, where they deduct tax from your paycheck, you do not need to file.

New Relationship:

in 2016, I met a local khmer girl, dated for months and I finally asked her to marry me.  We got engaged and had a ceremony and have been living together.  Our relationship is very genuine, it was not traditionally arranged.  (we had one of those meant to be stories)

Concerns (here is where i need advice)

Financially, I can prove my employment and income here in Cambodia (which is over the 125% poverty guideline) but I have not filed taxes since 2011.  She has her interview at the embassy in a month and we are gathering the paperwork and supporting documents for her interview.  I will fill out the affidavit but I will not have any tax forms to submit with it.  Altho, my mom will be a co-sponsor, she makes just above the 125% poverty guideline and can provide the past 3 years taxes..so my question below:

What determines the family member/household guideline?  Currently at my mother's address there are 4 people; Her BF(been living together for over 10 years), My Mother, My brother and my son.  When me and my fiancee first arrive we will stay there for about a month, or until we find a place, which is aimed to be less than a month.  The only dependent my mom has is my son, she just claimed him as a dependent for 2018 taxes.  No one else in the household is dependent on her.  My fiancee and I will not be dependent on her either, she will just help us get situated when we first arrive, by providing a place to stay and well home cooked meals :).  So according to the guideline, with her salary, does the 3 family members apply or only who she claims as a dependent? If 4 members apply to her salary, then she will not meet the 125% poverty guideline.  

Next questions:  Since I have a co-sponsor, and me being the primary sponsor, do I need to show tax forms, when my co-sponsor will be able to show theirs?

Goal:

Move back to America with my fiancee, with the intentions to Marry within the given 90days, apply for AOS.  Situate ourselves for the future; me getting a job and our own place with my son and build a family and future together.

Summary:

US Embassy in Cambodia clearly states that I need to provide tax documents but only my co-sponsor can provide it for the i134 affidavit.  Would this issue be setting us back?  I'm very worried about this and have been stressing.  Any advice are very welcomed and those who have experienced a similar situation, especially here in Phnom Penh, please do share.  Thanks in advanced for taking the time to read and reply back.