Pete and Katelyn

For a household of 4 (mom, 2 dependents, and the intending immigrant) the 125% Poverty amount for 2009 is 27,562. To meet the minimum the co-sponsor would have to show liquid assets of 3x the difference (7562 x 3= 22,686) in addition to the 20K income. For asset valuation instructions see the I-864 instructions page 8 (I-134 really doesn't tell you much).

Thanks for the help! I read the instructions and wanted to double check if things like savings accounts, bonds and other such financial assets are counted as assets? The instructions simply mentioned material assets like property, cars etc.

I'm currently preparing for an upcoming interview in Montreal for the K1 visa and have a question regarding the needed income level on the Affadivit of Support form.

My fiance has currently headed back to college for an extra year so she has very little income at all. We asked her mother to be a co-sponsor which she agreed to. Reading around I've found that people recommend your sponsor has an income that is 125% the poverty line - her mother has an interesting situation in that she makes $20,000 a year from the family business but has no mortgage (lives in a house built for her by her parents) and has no car payments (again, bought for her as part of working for the family business, including insurance and any gas) - health care is also provided through the family business. So even though her income doesn't add up to 125% above the poverty line she financially has very little burden due to mortgage, a fully paid off car, free health coverage and not even having to pay for gas.

Do people think this would be taken into account at the interview or is it a straight case of having to be 125% above the poverty line? She has two dependents and no husband around so its just her income.

Thanks for any insight or help on this one.

Pete

I stumbled across the info after numerous google searches...they have started a pilot scheme for Visa applications at the following address http://www.acpo.police.uk/certificates.asp

Thread Closed

So from looking through the guides in the stickies I see that I have to provide criminal record checks at the interview in Montreal for anywhere I have resided for longer than 6 months since I was 16. Getting the one from the RCMP seems pretty straight forward but I have an issue with obtaining one from the UK where I lived from the age of 16 to 20. The CRB (Criminal Records Bureau) in the UK require that you apply through your employer - they have no way for individuals to apply for criminal record checks without first getting paperwork from their prospective employer / company who is signed up with the CRB.

I'm going to call them tomorrow to see if there is any way for me to apply as an individual but I was wondering if anyone else on here has had this issue. Maybe I should post this on the UK forum for a better chance of a response! I'm assuming if I turned up to the interview explaining why I wasn't able to get one then they would be skeptical that I was trying to hide something (which I'm not).

Any advice would be appreciated!

I got an email this morning saying our NOA2 was sent out on Friday!!!! :D

Updating timeline now....goodluck to the rest of you!!!

Ok so my fiance lives in small town Pennsylvania, I'm an IT technician by trade and so we're thinking through some options as to what I can do once I can start applying for jobs after the 3 month waiting period for my temp job permit.

I'm wondering what the rules are in regards to where I have to live? My fiance will have a semester of college left before she is free to follow me to where we want to create our life. Do I have to always be living with her or am I free to live elsewhere, possibly even in a different state while she finishes her education at which point she would come join me? I don't want to be living in her small town trying to get by on work nearby (she lives in an industrial steel town so tech work would be hard to come by) only for us to then pick up and move again once she finishes college. I'd rather begin making a career in the US in an area where I have better opportunities and for her to join me once she is finished at college.

Hope this all makes sense!

Any advice would be appreciated!

First...there is no "3 month waiting period" You CANNOT work until you have an EAD or Green Card. You will receive that 3-6 months (normally) after FILING, which is AFTER marriage. It will be what it will be. Planning to move or work anywhere before your EAD or Green Card is in hand is a fool's errand.

That said. There is no "requirement" that you live with your wife at any time of your life. HOWEVER, the burden of proof is on YOU to prove you have a bona fide marriage that is NOT for immigration benefits. Most people coem to the AOS in interview with lots of evidence that they DO live together. Make up your own mind on this. Everything you do will have a bearing on your case, how you live, how you handle your personal business...everything. Your decisions will make your case more difficult or less difficult...it is entirely up to you.

Thanks for the replies everyone!

Just to clarify a few things about our situation, we are getting married legally when I enter the country on the K1 visa but waiting a year or so until having the big wedding day. We decided not to attempt to plan a wedding until we had a visa in hand and so this seemed the best way for us. The original plan was for me to live in PA with her until after our wedding day when we would both move somewhere together to start fresh but upon looking at the job market in PA recently, especially in the area she lives in, I can see that the economy has had a large effect on the jobs on offer there. Ultimately this could change for the better by the time I get down there but it raised the question for us as to if I should go to PA or if it would be best for us in the long term for me to go to a place where there is more opportunity in my job sector.

I used the phrase "3 month waiting period" in that is the average waiting time for the EAD. I don't plan to work before that but am actually looking forward to three months of no work! I didn't realize the EAD could take up to 6 months to go through...that is a scary thought!

At the moment we are torn between the idea of us moving to Colorado early next year and her going back to college in PA for 3 months to finish her masters in September or if I just stay in PA with her until her Masters is completely done. I feel like for us to live together in Colorado for a while before she goes back to complete her masters for 3 months would be justifiable in an interview. She's looked into transferring but its going to be too much of an issue for only 3 months left of school. So in essense she would live in Colorado but be "away from home for 3 months".

We thought about me moving out to Colorado by myself but I think that would be too much of a risk in terms of the visa. I'd rather stay in PA and play it safe that move out somewhere by myself and risk probing questions in an interview.

GUYYYYYYYYYSSS!!!

We got our NOA2 e-mail today!! We are so excited and feel so lucky to be approved in just 123 days!!

To those still waiting, yours could come tomorrow.. you're all in our thoughts!!

Congratulationssssssssss!!! Oh my goodness I'm so happy for you guys! That's wonderful!!!

Congratulations!!! I read your post and decided to check up on our status....we received a touch today so I'm hoping for the best!!!

You certainly have a justifiable reason to move and begin a career in order to take care of your family. Just remember to change your address once you move!

Good luck.

Would it help my cause if she lived with me before and after her final semester of college. If she had her drivers license and other ID changed to match the new address and we signed a joint lease then surely that would greatly help? I'd simply explain that she is at college for her final semester as it is too much of an issue for her to transfer to another college for one semester.

Ok so my fiance lives in small town Pennsylvania, I'm an IT technician by trade and so we're thinking through some options as to what I can do once I can start applying for jobs after the 3 month waiting period for my temp job permit.

I'm wondering what the rules are in regards to where I have to live? My fiance will have a semester of college left before she is free to follow me to where we want to create our life. Do I have to always be living with her or am I free to live elsewhere, possibly even in a different state while she finishes her education at which point she would come join me? I don't want to be living in her small town trying to get by on work nearby (she lives in an industrial steel town so tech work would be hard to come by) only for us to then pick up and move again once she finishes college. I'd rather begin making a career in the US in an area where I have better opportunities and for her to join me once she is finished at college.

Hope this all makes sense!

Any advice would be appreciated!

I've never had formal training for my position, so I won't be missing out on much if I look for work outside the field. Although I enjoy the work, I don't enjoy any aspect of dealing with the customers.

It'll be a hobby that will keep my family's computers out of the repair shops, maybe something for a little cash on the side, but little else once I finally move.

Have you had training for another line of work?

Unfortunately this is my formal line of work so I'm busy studying away before I move to the US to try and give myself a chance in what will be a much tougher job market than up here in Canada.

Hello to you my friend. I'm also in the same situation like you. hehehe. I'm in my office finishing some paperwork because it's time to pay the contractor and subcontractors for their monthly work. So I'm preparing to argue a couple of hours about finished quantities with them. Not easy....hehehe But somebody has to do it.

I'm too waiting for their answer. I really hope the news are good. They really deserve a good ending.

PEACE..................

I made two clients really, really happy first thing this morning when I told them they could pick up their newly fixed machines.

I feel good. Yay.

I'm taking a stab in the dark by thinking that you would be a computer tech?

Assistant tech, yes. In a computer repair shop/internet cafe.

I will never, ever again work in a computer store, haha.

Haha I know the feeling! I work for a computer recycling company on the west side of Toronto doing online marketing and tech support in-store and on-site...I'm hoping I can land a corporate job in the US as I never want to deal with residential customers again!!!

Hello to you my friend. I'm also in the same situation like you. hehehe. I'm in my office finishing some paperwork because it's time to pay the contractor and subcontractors for their monthly work. So I'm preparing to argue a couple of hours about finished quantities with them. Not easy....hehehe But somebody has to do it.

I'm too waiting for their answer. I really hope the news are good. They really deserve a good ending.

PEACE..................

I made two clients really, really happy first thing this morning when I told them they could pick up their newly fixed machines.

I feel good. Yay.

I'm taking a stab in the dark by thinking that you would be a computer tech?

Thanks for the information

Now that the time line dates for the NOA2 is being pushed into October, I'm realizing that Katelyn will be away in the UK for 3 months and I'm wondering if these is any paperwork I should get off her before she leaves home. I have the copy already made of everything I originally sent off - I know I'll need an updated letter of intent from her stating she still wants to proceed with the visa process but apart from that I don't know if I would need her signature on anything or any documents from her before she leaves?

She will be doing a lot of traveling and generally won't be in any one particular location for me to contact via mail if i should need her to sign. I figure if I prepare in advance then that won't be an issue!

Any advice would be appreciated!

Isn't this wait so much fun

Good luck to you guys! Hopefully all goes well, and we'll get to hear good news from you before the weekend is through!

So, I returned to work this Monday, after having spent three weeks down in Florida. Two days after returning, my boss and his wife left for their three week vacation, so I am stuck here with no one to interact with and nothing to distract me! Not pleasant.

So... in an effort to keep the thread alive, I will pose a question to everyone here.

What led up to the decision that you beneficiaries would be the ones relocating to reside with your future spouse? Why not the other way around?

Sorry to hear you are stuck at work without anyone to talk to!

I pretty much volunteered to relocate before a large discussion took place. I only moved to Toronto 18 months ago from the UK where as she has lived in Pennsylvania all her life. We both figured it would be much easier for me to move again as I have very little keeping me in Toronto besides a steady job where as she has family and life long friends to sacrifice if she were to move up here.

I guess we were lucky and that we had a pretty simple decision compared to what other couples must have to go through!

How did you two come to your decision?

I just drove into the US for the first time since sending off the visa application. I've heard a few stories about extended questioning and the border officials wanting to see proof. I went to the border equipped with a letter from both my boss and my landlord stating when I would be returning but the guard simply asked "you aren't planning on getting married and staying in the US are you?" to which I replied "no - we're making no plans until we have a visa in our hands" and that was that.

Phew!!!

I hope everyone else is enjoying the wait as much as I am

Good to see some other people from Ontario in this group!

I-129 mailed out today! Sent overnight with Fedex - fingers crossed for a relatively trouble free process!!!

I searched through the forum but was unable to find an answer for this so my apologies if this has been asked before (which I'm sure it has).

I'm filling in the past employment section of the G-235A form and a business that I used to work for has now closed. Do they contact the previous employers, in which case I would need to give an address of someone who could be a reference or would they want the old business address simply for their records and so they can put together a time line as to what I've been doing for the past five years?

Thanks,

Pete

In some cases, there doesnt seem to be much time difference between the k1, k3 or cr-1 visas! The Cr-1 can be a lot less stressful visa than the others, as there are no questions if ur able to work, or leave the USA, or able to get EI. But the situation differs for everyone!! I came on a cr-1 didnt want to worry about AOS, EAD, etc etc

In my circumstances it would take longer to get the CR1 as we can't get married right away due to certain family dynamics on both sides. By the time we did get married and apply for the CR1 it would maybe take 6 months to a year longer than if we did the K1 application and then get married.

I understand that the K1 route is more complicated and stressful (and I certainly understand what 3 months of unemployment can do to someone, I've been unemployed for 6 weeks when I first came to Canada from the UK and that drove me insane) but in the end at this point in time I feel the K1 may be the best way for me to go despite the downsides of it.

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

Wow I never knew that. I thought EI was only paid out if you involuntarily left your job (and that seems to be what I'm reading upon googling it)...can someone point me in the direction of where I would apply for this from the US?

When you receive a K-1 visa you have 6 months to enter the US. Once you've entered the US and activated the visa, you have 90 days to get your tush to a chapel/court house, etc and get married.

If you get married ASAP (I got married within 2 business days of arriving) you can file for AOS (including Advanced Parole -aka freedom to leave before GC received-- and an Employment Authorization Document) basically immediately. Get all the paperwork in order before you come down, get the court house to make a certified copy (or two, or several) of your marriage certificate before they take it away to be put in the county records.

You could conceivably send off your AOS package within a week of arriving in the US, if you get your ducks in order. If you have a lot of time to kill before you enter the US after you've got your visa in hand, it would be worth it to have an AOS package in a can -- add marriage certificate and stir.

The K-1 theoretically gives you immediate permission to work once you land in the US. The SSN policy document (available from VJ for download) explicitly states that K-1s are allowed to work 'by class of visa' and take that with you to the SSN office and hit them with it if they balk at giving you your SSN.

It takes about 3 months for the AOS package application to cough up an EAD and AP, so timing is everything if working is your priority. I sent in my AOS package in July, and despite getting a Request for Intial Evidence which slowed things down, I got my EAD/AP in September and GC in hand in November.

The bottom line for you is choosing which tradeoff you're going to take. K-1 -- get there faster, have a normal wedding, but unable to work for months (many employers will only accept a GC) or go with the CR-1 -- Work right away, but must get a quickie marriage and be immediately separated for longer.

Edit: I spel gud, and holy beaten to the punch while typing!

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to look carefully at form I-90.

The SSN will be marked "Valid with DHS auth only" This indicates that an item in column A and B will be needed to prove work authorization.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Employers can use e-verify to confirm work auth, a K-1 wont have it unless they have "EAD" stamp, EAD card, or Green-card. http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

USCIS tells SSA to treat K-1 as work auth so that the K-1 can get SSN.

So, to try and clarify what you are saying - The K1 allows me to get an SSN but isn't in itself a work visa. I would plan to arrive only a few days before the wedding so that I could get on with the AOS process straight away but I understand that I would need a SSN to get a marriage license correct? So the plan of action would be to arrive in the country, get the SSN, get married, put in the papers for the AOS, EAD and AP and then wait around until the EAD comes through. I don't intend to work in the US on my K1 visa before getting married (that is if I go ahead with this idea).

The CR-1 would be ideal but due to various family situations, running off and eloping is a last option for now so if I were to go with the CR-1 then it would add another 6 months to a year onto things.

Again, thanks to all for the help. Its a big relief to find somewhere online where you can get sound advice on these matters

I got married in PA and you do NOT require an SSN # to obtain a marriage license in this state. I got married first and applied for my SSN a few weeks after! Good luck!

Well thats great to know as my girlfriend lives in PA! Thanks!

I think that what Galateia was saying is that if you marry and send off the AOS with a week or so of entering on the K-1, you lose very little working time. If you've managed to get a temporary EAD stamp when you activated your K-1, you might even have the permanent EAD before it runs out.

Of course the 90 day estimate for getting the EAD after filing for AOS is just an estimate an estimate (though a good one) , which is why I said might.

She's suggesting coming to the US with all the AOS forms ready to go so you can send them as soon as you have the marriage certificate.

It depends on what state you marry in whether you need an SSN to get a marriage license. I didn't need one in Georgia. In fact, we got our marriage license when I was just visiting. I didn't even have the K-1 yet. We got married within two days of me entering the US with the visa.

~ Catherine

Thanks for the clarification Catherine. To follow up on one of your comments - if I were to enter and get my K1 visa stamped for work authorisation and I were to get married a few days later, does that work authorisation still stay in effect for the rest of the 90 day period? I had read elsewhere that the pre-marriage work authorisation on the K1 visa is terminated as soon as you are married and apply for an AOS?

When you receive a K-1 visa you have 6 months to enter the US. Once you've entered the US and activated the visa, you have 90 days to get your tush to a chapel/court house, etc and get married.

If you get married ASAP (I got married within 2 business days of arriving) you can file for AOS (including Advanced Parole -aka freedom to leave before GC received-- and an Employment Authorization Document) basically immediately. Get all the paperwork in order before you come down, get the court house to make a certified copy (or two, or several) of your marriage certificate before they take it away to be put in the county records.

You could conceivably send off your AOS package within a week of arriving in the US, if you get your ducks in order. If you have a lot of time to kill before you enter the US after you've got your visa in hand, it would be worth it to have an AOS package in a can -- add marriage certificate and stir.

The K-1 theoretically gives you immediate permission to work once you land in the US. The SSN policy document (available from VJ for download) explicitly states that K-1s are allowed to work 'by class of visa' and take that with you to the SSN office and hit them with it if they balk at giving you your SSN.

It takes about 3 months for the AOS package application to cough up an EAD and AP, so timing is everything if working is your priority. I sent in my AOS package in July, and despite getting a Request for Intial Evidence which slowed things down, I got my EAD/AP in September and GC in hand in November.

The bottom line for you is choosing which tradeoff you're going to take. K-1 -- get there faster, have a normal wedding, but unable to work for months (many employers will only accept a GC) or go with the CR-1 -- Work right away, but must get a quickie marriage and be immediately separated for longer.

Edit: I spel gud, and holy beaten to the punch while typing!

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to look carefully at form I-90.

The SSN will be marked "Valid with DHS auth only" This indicates that an item in column A and B will be needed to prove work authorization.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Employers can use e-verify to confirm work auth, a K-1 wont have it unless they have "EAD" stamp, EAD card, or Green-card. http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

USCIS tells SSA to treat K-1 as work auth so that the K-1 can get SSN.

So, to try and clarify what you are saying - The K1 allows me to get an SSN but isn't in itself a work visa. I would plan to arrive only a few days before the wedding so that I could get on with the AOS process straight away but I understand that I would need a SSN to get a marriage license correct? So the plan of action would be to arrive in the country, get the SSN, get married, put in the papers for the AOS, EAD and AP and then wait around until the EAD comes through. I don't intend to work in the US on my K1 visa before getting married (that is if I go ahead with this idea).

The CR-1 would be ideal but due to various family situations, running off and eloping is a last option for now so if I were to go with the CR-1 then it would add another 6 months to a year onto things.

Again, thanks to all for the help. Its a big relief to find somewhere online where you can get sound advice on these matters

Thanks for the reply Janet.

One more question that has come up through digging around the site.

The K1 seems like the quickest way for me to get down there despite the obvious draw backs of not being able to work down there while I wait for the EAD once I've put in for the AOS. Does the 90 days on the K1 visa start from when the visa is issued or from the date you cross the border? My girlfriend is away in the UK for 3 months from September to December so I would hate to go through the process of getting a K1 visa only to find that its issued when she's away and that the 90 days starts from when the visa is issued.

Thanks again for the help!