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Eggs

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Posts posted by Eggs

  1. Didn't you already have joint sponsor information from the K1 visa?

    No, for the k1 visa I was able to use the income from my Dutch company and letters of intent from three of my Dutch clients. In the affidavit of support for the AOS it was stated that you could use you own income if it continued to come from the same source as before you applied. So I used my Dutch company income again. In the RFE however it was stated that the income had to be from a US company, something that they left out in the instructions.

  2. Yeah, it says it on the website that they made a RFE. I also got a text-message and an email about that status update. Now I'm waiting on the actual letter to see what they want. RFE usually is negative, because you have to give more proof you know, on the other hand...I can also see it as a positive. If I can give them all the proof they are now requesting, then everything should be ok, right? ;)

  3. Just got an email that the status of the AOS is now on RFE. So now I have to wait for the letter in the mail to see what kind of evidence they want. I think it is about the affidavit of support, since I said I have a company in the Netherlands and will have continual income from that (same source as before the move here). I'll give an update as soon as I have the letter.

  4. Hi,

    I am about to file for my Adjustment of Status. My wife doesn't make enough money to be above the 125% of the poverty line. However, in the instructions of the I-864 it states:

    Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

    Now I was self employed in the Netherlands and I have figured out that I can just keep my company there while living in the US. This means that I will be getting income through my Dutch company (same source) while I'm living here. We could also ask her father to be a co-sponsor, but I would like to do it without him if that is possible. My question is however, what kind of proof do they need from me?

    I have signed letters of intent from three of my customers stating that they continue to want to do business with me. The total amount of these statements is for about $50.000. I could also show them a list of invoices that I have sent out and have been paid by these companies in 2009, showing that it is a long term relationship. Finally, I also have Dutch tax forms from 2009 and 2008 which show my annual income for those years.

    Has anyone had experience with this? Would this be proof enough? Do I need to have the Dutch tax documents translated if I'm going to use them? The letters of intent are already in English.

    And what if they don't consider this to be good for the affidavit of support? Will I get a chance to bring in my father in-law as a co-sponsor then?

    Thanks for you help.

  5. Just to be clear:

    I am currently self employed in the Netherlands. I can continue having my own Netherlands based company for a couple of months while I'm waiting for the work authorization in the US. So the income will continue to be coming from the same source as before, namely my Dutch clients through my Dutch based company. Me working in the US for my own Dutch company is perfectly legal. I think me working for a US customer, invoicing him through my Dutch company would even be legal, but that's a gray area and something I won't be doing.

    So, considering I have money coming in from my Dutch company and I have clients with contracts that specify the amount of work I will be doing in 2010 for them and the amount of money I can invoice them for, would that be admissible for the visa application?

  6. I have received the P3 package from my consulate and am now working on getting all the documents for the Affidavit of Support.

    For the first interview they need an I-134 form. But after the marriage, for the change of status, they will need an I-864, which is basically the same form, only with more evidence and details.

    The thing is, on the I-864 form, I see this:

    "Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

    No, I am currently self-employed and I plan to continue this in the US. I have several clients that already confirmed that they want to continue working with me when I have moved to the US. So basically I will be getting income that continues from the same source after immigration. However, this is not an employee relationship, since I am self-employed.

    Does anyone have experience with this? Can I use the income I will generate from my current clients? I am sure they will have no problem signing letters of intent, but is that enough?

  7. Why not contact Congressmen when 30 days are up? Afterall, they have nothing better to do.

    What do you think the congressmen are going to do after 30 days? The VSC says: We can process your application, it will take up to 5 months. If your visa isn't processed by then, call us and we'll do an investigation!

    And then I'm on the phone with the congressman after just 20% of the processing time is up?

    If you order a pizza and the pizza place says it's going to take up to 50 minutes to deliver, do you call the pizza place after 10 minutes, complaining about the waiting time? Or in this case, not call the pizza place, but complain to the higher authorities?? The congressman should be contacted as a last resort. USCIS has quite an extended help process explained on their website. If all that fails, call your congressman. They are like 911, only call in real need.

  8. good gracious, Eggs, you are talking sense about this; I don't know that that's allowed :D

    Lol! Well the way I see it, it's better to prepare for the 5 month wait and then be happily surprised when it takes less than that!. The 5 months should be the first guideline. It's the only official guideline.

    It's a better option than to follow the continuously changing statistics based on only a small amount of the petitions and then keep being disappointed every week/month. I love the idea of having the statistics to get better insight into the process, but it seems like the statistics aren't giving us accurate numbers right now. If this is because we have too little data, or if the internal vsc processes have changed so that the calculations are now off, I don't know.

    What I do know is that the anticipation of the "any day now statistics" almost drove me nuts! So I decided that, yes, waiting sucks, but there is only one definite guideline and that's the 5 months. They sent the NOA1 for my application on the 19th of October, so my petition could be processed any day from tomorrow until the 19th of March. If it hasn't been filed then, I'll call the VSC and have them start an investigation. So if you filed in November and your case hasn't been processed yet, your case could be processed any day from tomorrow until somewhere in April. If it hasn't been processed after 5 months, call the VSC and let them start an investigation.

  9. Of the 20 petitions filed between 19 and 22 October and recorded on VJ timelines, only 2 haven't received their NOA2s. I'd consider starting to make inquiries through your Congressman.

    That timeline page also says: check the VSC processing times, which is 5 months. There is nothing my congressman can do, because the standard processing time hasn't been reached yet.. So before the 5 months, there really isn't anything you can do besides waiting patiently.

    Also, the amount of petitions recorded on VJ timelines is only a small amount of the total petitions filed at the VSC. I checked case numbers close to mine and found 2 others in the -20/+20 range that are still on initial review, so there are probably quite some more. Like I said, I'll be the first to call on the 19th of March when the 5 months are up.

  10. Otherwise anyone around October 29th to November 4th should be expecting theirs any day now.

    I'm from October 19th and I've been hearing that "should be expecting theirs any day now" thing since the end of December basically. Every week I check the forums and every week it is the same thing: any day now.. The statistics from the timelines are an average and don't say that much, imho. Since it's over 4 months now and the standard processing time is 5 months at VSC, I'm thinking that yeah, now finally in the last month, it should be any day now. Otherwise on the 19th of March I'll be the first one to call the VSC.

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