Phallon

Cutien,

Thanks for the reply. He came over here on his Canadian Passport so is an adjustment of status doable? If it's not the next question is we file the K-3, that part I get. Can he visit me while we are going through the K-3 process since he holds a vaild passport?

Another question is that if he goes back on Sunday which is the date of his return flight ticket cause he has work on Tuesday, say he decides to come back on a visit again and then can we file for the Adjustment of Status. I know that he's allowed to stay for at least 6 months on his passport. My passport is in process and so is my daughter's (whom he will be adopting once the immigration stuff is done) so then we can go see him as well.

Sorry if my posts are confusing we are just trying to figure out what needs to be done and make sure it's done correctly.

Thanks,

Phallon

Okay so do I start with the I-130 or do I have to file the I-129 first?

Phallon

Okay let me start again. My boyfriend came down from Canada to visit me on his Passport and while he was here we decided that we didn't want to live our lives without each other so we decided to get married. He came over on a round trip Airline ticket and is scheduled to return home this Sunday. He has a job there and his belongings are there so yes he does need to return home.

What I wanted to know is if:

1. He absolutely needs to return home?

2. Do we have to live apart?

3. How long does the process take before he can stay here with me. (I was under the impression the entire process from start to finish was around 18 months, if I'm wrong please tell me.)

4. Will he be able to come to visit me on his Passport?

Hopes this clears up the confusion.

Phallon

So in other words we must live apart for how ever long it takes? So you suggesting that he only visit for a few months at time and then return? I'm just confused because when it comes to interview time he must do it here in the States but if he doesn't have a visa how can we do the interview? Or is the 18 months for the entire process? How long before we can have him come over here to be with me? ie. 6 months, 12 months etc.

Phallon

How long will it be before he can stay here with me in States. I know his passport will allow him to stay for at least 6 months but not sure if we will have what we need in order for him to remain while the paperwork is still underway. I don't understand this system very well at all. Does he have to remain in Canada the entire 18 months or so? Is there a time he's allowed to come stay with me?

Phallon

Hello everyone,

On Friday March 23, 2007 I married the man of my dreams. He is from Canada and will be returning to Canada on Sunday. I have a few questions. Can he visit me in the US while we are going through this process or does he have to remain in Canada. He has a Canadian passport. We are also considering having myself and my daughter move to Canada but depending on how his family reacts to our news he may have to come back here. Will he be allowed to cross the border on his passport or are we doomed to be apart for the 18 months it will take the US process to do it's thing. I do not want to be apart from him.

Thanks,

Phallon

Thank you Joey,

That seems to make more sense to me than what the other person was telling me. I'm going to file the papers in March or April and will file my taxes early so that hopefully a transcript will be on file for me to order by then. The consistent income is not a problem considering I've been there for over 9 years and don't plan on changing jobs anytime in the near future because I want to show them that I'm stable as well as can meet the requirements. How long before the 2006 transcripts will available does anyone know? I usually file at the end of january to get it over with.

Thanks for the prompt response.

Phallon

Phallon,

If you have a job and you earn enough to meet the guidelines, then you meet the guidelines. Because you did not meet the minimums last year is a moot point. Your task with I-134 is to prove that you have consistent income and that you meet the minimums. If the past earnings was being used, I am certain the Consulates could go back far enough on all of us and no one would ever get a Visa.

By the time that you file in March or April 2007, you will have a 2006 tax return that is at or near the minimum. Your current pay is the important part. Everything else shows your growth. You will have a letter from your employer on company letterhead verifying your salary is above the minimums. You will have pay stubs. When you apply in 2007 with a verified salary greater than the minimums in the guideline, you will be fine. They cannot penalize for the 2006 year before you filed the application. Don't make this confusing. You make more than the minimums. Show that to the Consulate. That is what I am saying.

joeyjoey

So basically what you're saying is that since I didn't meet the income requirements last year and for 2006 that my projected income for 2007 isn't going to have a baring on anything so what other options do I have. My brother can co-sponsor fo rme but I'm not sure what his earnings for 2006 will be enough because he just started this job he has now that pays him very well until October. So basically we are screwed. How deflating I was so happy that I was finally able to meet the income requirements but it appears that unless I didn't make enough money in the past it isn't going to matter. What about my IRA as an asset tho? I'm so confused now. We were so looking forward to being able to get this process started after the first of the year now it looks like we are going to have to wait for at least another year or more to even begin.

Phallon

That could be a problem depending on consulate requirements.

I just looked at my tax return for 2005 and I made over the poverty guidelines but that was only because I took out an IRA Distribution and with that it put me over the poverty level. This new raise will not show up until 2007 it will begin in January.

Actually, they do look at previous years sometimes, to establish consistency in the earnings. A raise is a good thing, especially if you'll have a tax return putting you above the poverty guideline. If you include your assets in your Affidavit I believe you'll be just fine.

Oh and we are not filing paperwork until March or April of 2007.

Okay here's another question for you guys,

Okay the good news talked to my boss yesterday and I'm going to be getting a raise next month to the tune of an extra 255 a month which will bring me well over the 125% poverty limit that they require for me to bring my finacee over here. He is coming from Canada btw.

So here's the question with this new wage increase I'll make over the poverty level but in the past couple of years I made $350.00 less than the poverty level but it's the same employer which I have been with for 9 years going on 10. I also have a very substantial IRA account that I can use as an asset. Will I still need to get a co-sponsor since my last couple of years income was just under the required level?

Phallon

Okay here's another question for you guys,

Okay the good news talked to my boss yesterday and I'm going to be getting a raise next month to the tune of an extra 255 a month which will bring me well over the 125% poverty limit that they require for me to bring my finacee over here. He is coming from Canada btw.

So here's the question with this new wage increase I'll make over the poverty level but in the past couple of years I made $350.00 less than the poverty level but it's the same employer which I have been with for 9 years going on 10. I also have a very substantial IRA account that I can use as an asset. Will I still need to get a co-sponsor since my last couple of years income was just under the required level?

Phallon

Thanks for the quick replies,

Yes income is an issue. I was supposed to get a raise but it has yet to happen so am going to try to find a better paying job. Anyways with a family of 3 after I remove my daughter I will make 20,400 just 350 under the minimum requirements but I have a substantial IRA account with almost 1 and a half times that and it assessible if the need arrises although I don't want too but it can be. Now if I get a raise or a better job I should be okay with the income requirements and I do have a co-sponsor lined up just in case and he does meet the income requirements.

Phallon

I would include your daughter on your 2006 taxes and in the documents for your filing. Unless your income is an issue, in that you don't have enough with your daughter included, you should file the best you can for income tax purposes.

If the income is an issue, you can always attach a letter referring to the income and expected change in 2007. You don't need to hurt yourself taxwise just to satisfy the income requirements.

The main point here is to be honest and to claim those tax deductions you are entitled to. Even though your daughter is engaged doesn't mean you can't claim her for 2006.

In my opinion, you need every dime you can get with two weddings planned for 2007 in your family. Good luck.

By the way, I am a tax professional (over 30 years).

Okay here is the question and I don't know if anyone has an answer but here goes.

My middle daughter that is currently living with me turned 18 in October and so therefore I can claim her on my 2005 income tax return. She is getting engaged this month and will probably be moving out and in with her boyfriend so then my household size will go down. This is going to bring my household size down by 1.

How do I handle this when I apply for the Fiance Visa for my Fiance because my 2006 is going to show her on my tax return but by the time we get around to filing the Fiance Visa she will no longer be living with me. How do I explain this?

Would it be better for me to not claim her on my 2006 taxes and forgo the extra refund that I would receive otherwise??? What do I do?

Thanks,

Phallon

BTW we are planning on starting the process in March or April of 2007 so am trying to get all my ducks in a row.

Sorry I'm talking about 2006 income taxes. I can claim her on my 2006 taxes. Should have previewed before I posted.

When my fiance has his interview at Montreal Canada do I need to fly to Canada and be at the interview with him? I know it's not required it's just him but will it help if I am there too? The only problem that I may have is that I have a little one at home and not sure if I can get someone to take care of her while I'm there I suppose I could bring her with me. How important is that I'm there will it make a big difference or not??

Phallon

I would remind you, that the minimum income requirements are more of a "you must meet this amount and prove to us that you are going to be a stable sponsor" rather than a definitive cut off point. It's very possible to make more than that amount and not appear stable enough to be a sponsor. How long have you been at your job? Is it full-time? Is it temporary? What are the circumstances surrounding your job? Remember, the ability to be a sponsor when filing for a K1 (not the case during AOS) is more of a subjective call on the part of the consular officer.

From what you are saying, I'd say get another sponsor for your fiance.

That being said, I've been called an over-thinker on this forum more than once.

So my advice is always to the more cautious side.

Cass (bebop the great)

Hello there,

Well I have been at my present job now for over 9 years and my income is very stable. I can meet the requirements myself just think it would be a good idea to have that extra sponsor just in case they question anything. I will have a letter from my employer if I have too I'll stay where I'm at until this is over and done with to show the stablity of my job and then find a new one after we are done. I don't have to worry about not having a job or getting laid off or fired or anything as I mind my ps and qs fairly well. I will only need my brother to sponsor the extra $350 a year my yearly work income does not meet and my IRA has a very substantial amount of money in it and it is very accessible to me and more than meets the excess that is required to make the income requirements. Hope some of that made any sense. I'm just being paranoid I suppose.

Phallon

Well if I can use my IRA then I'll have the requirement without a problem but talked to my brother tonight and he has agreed to co-sponser us as well so I think we will have that problem taken care of. We are going to start the process in March after he comes down for a another visit because he is still waiting on his passport and we will need that to start the process so as soon as all that falls into place then we start the paperwork. YUCK...I'll keep you all posted. Thanks for the great advice.

Phallon

Yes I can get a co-signer if necessary I have been at my current position for over 9 years now and even if I change jobs I think that at least I can show I'm dependable. As far as making ends meet he is still working in Canada and is saving every penny he can make by moving with his parents so that he will have some cash to bring over to tide us over until he is able to get clearence to work. So perhaps I still get a co-signer just in case like you said it doesn't hurt.

My IRA is well over the minimum poverty level requirements just my monthly income is not but I manage to make ends meet...don't ask me how but I do. LOL

Thanks,

Phallon

Can I use my IRA as an asset? What if I change jobs between now and then are they going to be looking at my current income or my past income?

I would include your IRA under the I-134 section that says: "I have stocks and bonds with the following market value, as indicated on the attached list,which I certify to be true and correct to the best of my knowledge and belief."

They will be looking at past income but you will also, most likely, submit current and previous paystubs as well as a letter from your employer. It depends on your consulate's requirements.

If you are concerned, then best to get a co-sponsor.

Hi guys,

I'm new here and a question about the financial requirements to get my b/f a K-1 visa. I am shy by $350 for the minimum income requirements. What are my options? Can I use my IRA as an asset because if I can do that I have it in the bag, if not can I get say my brother to co-sign since he makes more money than I do? We will probably be filing in the next couple of months so am trying to get all my ducks in a row. What if I change jobs between now and then are they going to be looking at my current income or my past income? If I get a new job it will be more money. BTW he's coming from Canada.

Thanks in advance,

Phallon