Correena

21 minutes ago, Villanelle said:

Everyones situation is unique. Perhaps his spouse had w2 income or they had assets. Perhaps he didn't work a full 12 months as a contractor but the way the calendar fell he did have a tax return showing contractor income over guidelines. Whatever his situation was, good for him, doesn't help you right now (unless he wants to be a sponsor and qualifies  )

 

Get a paystub based w2 job immediately that when calculated out puts you over the guidelines. send the paystubs/employment letter as RFE response before the deadline.  Keep the job until GC approval. 

 

If this is not possible its still going to be ok. You will be denied but ok. You just need to file again when you do have paystubs. Yes you pay the fees again and will have to start at the beginning of the line again. So try to get a job that can be used for 864 purposes asap. Otherwise if you remain at your present job it will not be able to be used for such until you file taxes for it - due next april. 

 

 

 

 

I'll try to see what I can do. Thank you all for your help.

15 minutes ago, Villanelle said:

If you don't get paid on paystubs (w2) then you are technically considered self employed (independent contractor). Unfortunately you would need 1 year of tax returns showing the income reported and over guidelines. 

 

Get a w2 paystubs based job. That income can be considered immediately.  1 month or so of paystubs will be enough to satisfy the RFE and by the time the interview is scheduled you will have many more months of paystubs. Does your spouse have an EAD? If so include his w2 income as well,  if not he needs to obtain a w2 job as well. 

No my husband doesn't have an EAD. I wish I had known previously. My employer also went through the AOS process working as a house cleaner but somehow he made it through working less than a year. He thought we would too. 

We applied for adjustment of status in May  for my husband and in June we got an RFE stating that I don't meet the requirements to be a sponsor. 

So I make $26,400 working part-time as an independent contractor. I get paid by zelle everyday that I work as a house cleaner so I have no paystubs.  I had my employer write a letter to say I work with him and how much I make. ( Also I don't know if it makes a difference but he electronically signed the letter since he's abroad)

I also turned in 1 year tax transcript with the I-864.

So I'm not sure what to turn in now but here is more of my situation:  So for the last 4 years before getting married I only worked part of the year in the states sometimes like 3-6 months and would travel abroad. So my tax transcripts are low. I got married in June 2021 in Uganda and was planning on staying there for the foreseeable future. My brother was murdered in November 2021 and the both of us came to the US in December 2021. Around 2.5 weeks in we decide we should stay. So I just got the house cleaning job in January. I thought that even if I just started the job 5 months ago at the time I should be ok and that USCIS would decide based off my current status not past. I have no assets as we're just starting over after coming from Uganda. In the RFE it did say that I can show 12 months of bank statements to prove that I make enough but the issue is that I haven't worked for the whole 12 months but only around 7.5 now.

My next issue is that even when I previously tried to apply for a fiance visa for my husband no one was willing to cosponsor. The people that are willing don't qualify. So I'd appreciate it if you can help me out. 

I reached out to consulate and they sent me a DCF request form. Hopefully all goes well.  

I am a US citizen living with my husband in Uganda. I have been in Uganda for 6 months now. I wanted to stay here but due to the recent acts of terrorism we are wanting to leave. Is this a justifiable reason for DCF? Also I would be using a joint sponsor due to the fact that I have no US income. Which form would the joint sponsor fill out and would I also be required to fill out one as well despite not having income?

Thanks in advance!

11 minutes ago, aaron2020 said:

Social Security benefits letter and pension benefit letter.  

Does the co-sponsor have a 2019 tax return?

Yes 

6 minutes ago, milimelo said:

I'd find a different co-sponsor. 

That's definitely an option 

Sorry I'm doing the i-134

If a cosponsor has a monthly income through social security and pension and is not employed what would they need?

Also if they haven't done their taxes yet can you use the downloaded version that's immediately available after they do their taxes online or do you need an irs transcript? 

Ok thank you for the information!

I was thinking of using a cosponsor that has a child. How much does she have to make if she's just sponsoring my fiance?  Also does the poverty guidelines include me and her child? I'm using I-134 

I hear that the Kenyan embassy is really big on tax transcripts is that enough for them? Especially when it comes to getting information from the cosponsor what is necessary? 

I recieved a notice today from the nvc informing me that they sent my case to the embassy in Kenya, has anyone else received this notification? I was trying to figure out if it was only me or did they send all of the K1s that were stuck at the NVC to the embassy? 

Just got off the phone with an NVC representative and she confirmed that the Kenyan Embassy is not pulling any K1 visas from the NVC. Also the Embassy sent me this:

Please note that we cannot provide timelines for this.

All  applicants will inevitably experience delays in scheduling because the backlog of cases created due to the pandemic. Embassy Nairobi is also interviewing limited number of applicants due to reduced staffing and social distancing rules.

5 hours ago, Diane and Chris said:

So was it your plan to move to Uganda after the wedding and live there permanently?  And the only reason you did a K-1 was to allow him to enter the US to meet your family?  Just curious. 

We eventually wanted to be in Uganda most if not all the time. The K1 route would allow him to meet my relatives and if ever we had to  come back to the states for an emergency  while living in Uganda,  he would have the freedom to come with me to the US. So we expected to go through the whole process including the AOS when he can work ( another bonus) and travel abroad. We were prepared to stay in the states for the time it took to achieve this. Afterwards we were going to head back to Uganda and occasionally visit the States. So K1 acts as a security blanket for us that we won't have when we give up the k1.

2 hours ago, retheem said:

Lol good luck getting that answer. Let me guess, they will give you an autocanned answer

Hopefully not as it depends on who reads or answers the call. The last call I made to the NVC a representative told me that the embassy was pulling other visas but not k1. I agree that most representatives probably would just give you a generic answer. 

1 hour ago, retheem said:

Stay put and do not do anything; Nairobi Embassy is back to normal operations as from Jan 15th; just don't expect a public announcement about it. 

I recieved an email from them saying that they are not processing k1 at the moment only focusing on other visas most likely as a strategy to catch up. I'll call the NVC and Email them today to see if K1s are specifically being processed and not just K1s that previously had an interview appointment before covid. 

Thanks for everyone's insight,  I really appreciate it. 

7 minutes ago, Adventine said:

Okay, from what I understood of your posts, you have decided to give up the K1 visa AND moving to the States in the immediate future, in favor of moving to Uganda, marrying there and becoming a citizen. 

 

Best of luck to you. 

Exactly 

9 minutes ago, Adventine said:

 

It doesn't matter where you get married. If you're married anywhere in the world, you're automatically disqualifying yourself from the K1 visa.

 

Is your future spouse a dual citizen?

After June 1st I don't really care about that. I do care about getting married. The K1 was just a method we used so that besides getting married,  he would also be able to meet my relatives and eventually be able to freely enter and leave the states with me. No he doesn't have dual citizenship. I wish he did.

Also as a side note because I'm sure somebody's going to say this, there have been some K1 visas that have been approved by the Kenyan embassy but those were cases that already had appointment times with the embassy before the coronavirus pandemic

Sorry if I didn't clarify I'm moving to Uganda to get married and to become a citizen of that country. I will not apply for a spouse visa. 

My fiance and I have made a plan to get married by the end of June of this year . Right now we are on the path of obtaining a K-1 Visa and our case is currently sitting at the NVC and will continue to sit there until the Kenyan Embassy starts collecting K1 cases from the NVC. So in order to reach our goal we developed Plan B which just means that I would move to Uganda by the end of June if we don't make any progress with the Embassy by June 1st. So far the Embassy has reopened at least and is processing marriage based visas, while holding off on K1's , but it appears that the Kenyan embassy despite being a year behind is moving at a snail's pace and scheduling people a month out. At that rate it seems hopeless. Is it unrealistic to think that we could be approved by June at the Embassy? 

Thank you all!

42 minutes ago, Liam2021 said:

1. You can do the DS160. However, there is no point to do it right now since embassy still close. Usually people not fill out DS160 until they can book a slot for interview.

2.Yes, both need I-134.

3. You don't need a physical copy of I129F. The intent to marry can be sign , scan , then email.

Thank you!