ryanrec

I had the same RFE. They lost my medical. #######!!!

I don't understand this. I see many posts where USCIS lost the medical results. If this happens to me, I would demand USCIS pay for a new medical/immunizations/etc. It is their fault they lost the medical. A K1 Visa cannot be issued without a valid medical exam and that medical exam is good for one year to include the AOS. If USCIS refused to pay for the medical exam, I would speak to or write to the head of USCIS. IF they did not respond, I would immediately file a complaint with my US Congressman/Senator and also write a letter to President Obama. In my letter to the US Congressmen/Senator, I would demand that USCIS pay for the medical.

Has anyone tried this?

They mailed me a letter that my case has been transferred to CSC (it also showed on their website). It has been under Initial Review until this afternoon, they sent me a text that my case has been updated. When I looked on the USCIS website, it was already under card production. And just a little bit ago, it went to Decision. Just to tell me that they already mailed me a notice that they ordered production of my Permanent Resident card.

Ok thanks. My timeline is close to yours but I never received any notice of the case being transferred. It just reads "initial review" since Jan 9th on the website.

Got a text from the USCIS. At first, I thought, it's for my EAD. Went to their website, I checked my EAD status first, but it was still under Initial review. Checked my AOS case and it said they ordered production of my new card. I still can't believe it. Cuz it went from Initial Review to Card/Document Production.

Sooooo happy

You mention that the online status went from "initial review" straight to "card production", but your timeline mentions that the case was transferred to CSC. Did you call or did they mail you the information that your case was moved to CSC? Thanks

5 months has been the regular listed on their website for the last while now.

But it looks like it only took you two months for your GC??

Most Filipinas are NOT like this.

Is this what you really meant to say?

Was he an arrogant, cocky American rock star wannabe who couldn't keep a low profile?

How can you have a "high profile" at the Pampang local wet market?

That is a cheap fare from Vegas to Manila for roundtrip. You can try cheapoair.com

On this Immigration topic:

I am an American who has lived in many countries, all of which have strict Immigration Laws. Everywhere i have ever lived, UK, Italy, Philippines, Kuwait and I have also visited many countries including Russia. If you are caught as an undocumented or with an expired visa of any sort you will be deported immediately, go home to your country where ever you came from. End of story. In most cases you will be fine and not allowed to return unless these are paid and they grant you permission in advance. Illegal is illegal.

You are actually helping illegal aliens by deporting them or having them become legal so that they can earn correct wages and be treated fairly by all government agencies and employers.

Illegal Immigrants are costing us natural American citizens and legal working Immigrants billions of our hard working tax dollars.

The down side of deporting all of these illegal immigrants, who will do all of these job, such as, fruit picking, agriculture, yard working, moving,house keeping (domestic), and all other jobs you are not willing to do even for a fair price. As stated earlier, being legal would require all of these immigrants to be paid and treated fairly which would now increase cost of all these goods and services. But i don't think deporting all illegals would ever decrease your taxes...

I have a problem with giving illegal immigrants anything, they need to be sent back to where ever they came from and charged for their ride home and learn the correct way to file all necessary paperwork and do things as stated by law. I also have a problem with illegal immigrants being given state ID cards and other social services, once they are found as illegal immigrants in any State in our great country they should be sent on their way home.

Illegal is illegal.

The only people making noise about all these Immigration Laws, old and new are either illegal themselves or have family members or friends that are here illegal or they are employers of these under paid mistreated illegal immigrants.

I can't wait to hear all of your great comments.

Great Post!

congrats!

st.lukes was very rude to her, i wish she have the name of the person who told her that and should be reported. i hate them for being like that, if they only know the feeling of a person being there for her medical, oh well there is always karma, i wish both happiness

Thanks for all the comments of support!

Your right she should have reported the guy. We have lived together for the past three years for about nine months out of the year. So of course I have lived in the Philippines for most of the time the past three years. It seems like I am always fighting with someone or complaining about something. She just usually wants to let it go and not make an issue out of these types of things. Of course the robbery is much more of a serious occurance/problem.

I guess I could call/email the Embassy and report it to them.

Regarding the robbery, I told her that if she could have a professional sketch his face, I would hire a couple of guys to wait around the area in the night/early morning to catch the guy. I told her the guys that I hired would bring the robber to me and when I was finished with him, the result would make the movie "Hostel 2" look like a G-rated Disney flick in comparison. She laughed.

Thanks! Yeah, she did a good job and handled it well considering the circumstances.

If by ordinary people you mean your average everyday Filipino then the chance is very slim.

What you need is to show strong ties to the Philippines such as:

Educated with a good job.

High balance in you bank account.

Strong Family Ties.

Own land or business(es) [sari-sari store isn't enough]

It also helps if you're not a young cute single female (seriously).

If you are an unemployed Filipina living at home with you poor family then you don't have a chance.

Just curious, what is the asset requirement for a tourist visa?

Medical--

Elena went to the medical exam at St Lukes about two weeks ago. No problem on the first day and she was told to return the following day for several immunizations. When she was there on the second day, they were going to give her the immunizations but they changed their mind due to the fact that she had an MMR immunization three weeks earlier. They told her to come back about nine days later to get the immunizations. They returned her passport to her.

I am not a physician but I did do some quick research on the internet regarding any issue with giving immunizations three weeks after an MMR immunization. I could not find any issue anywhere on the internet that someone should not have other immunizations only three weeks after an MMR immunization.

She returned the third time and they gave her a TDAP immunization and a chicken pox immunization. They took her passport and forwarded it to the Embassy. Throughout the entire medical exam (3 visits), they asked her if she was pregnant and when she had her last period at least twenty times. On the third and last visit, the male nurse/attendent/orderly asked her again if it was possible that she could be pregnant. She said no. The guy said, "are your sure"? She then replied that her boyfriend/fiance had a vasectomy already and she can't be pregnant. The guy then said, "Well maybe you are pregnant with some other guy". She then replied, "I am not like that" and left.

Interview--In the early morning hours in Manila she approached a taxi to ask to take her to the Embassy. A pinoy guy ripped her small gold necklace from her neck. She grabbed the guy's arm and said, "give me my necklace back", the guy then pulled very hard and ran away. This caused Elena to fall and now she has two large abrasions on her knees. What kind of piece of ###### low life would rob an 5 foot 2 inch 80 pound girl for a necklace that might be worth $50.??? Even though the area was crowded and many people saw the robbery, no one would help her and chase after this piece of ###### robber.

She decided to go ahead with the interview and the CO only asked her a few questions and then told her that she was approved. She received a pink receipt and paid for the AIR 21 delivery.

You never know what is going to happen in the PI.

Yep, they should. While they're at it, they should tell K1 visa applicants that the consequences of not adequately convincing a consular officer that they have a legitimate relationship is a potential lifetime ban from the US for fraud.

Seriously, while they do have discretion, they aren't going to be completely fabricating arbitrary income thresholds that sponsors have to meet. As I said, they can't revoke the approval of the petition - only USCIS can do that. As long as there's a valid petition, the alien remains potentially eligible for a visa. If they're going to use 212(a)(4) as a basis for denial then they need to be reasonably certain it will pass muster with USCIS. Otherwise, they're going to be seeing the beneficiary again after USCIS reaffirms the petition. I doubt the consulate enjoys playing ping pong with an approved petition. This is why they will usually apply the same income standards that USCIS uses for the I-864. They just don't apply them in the same way.

For example, they could refuse to accept evidence of current income, and deny based on the previous year's tax return alone. Some consulates will refuse to accept a co-sponsor for a K visa, or (in the case of Manila) apply arbitrary rules for whom they will accept as a co-sponsor. This is where the consular officer is exercising their discretion. The petitioner doesn't clearly qualify on their own, and the CO isn't particularly interested in accepting additional evidence that would help them qualify by the skin of their teeth. This sort of harsh discretion is generally more common at high fraud consulates.

I read throught the FAM sections that you sent me. I also read through the I-864 instructions. The I-864 looks straightforward to me. If your last years tax return is at least the 125% threshold, then you are good to go at that point. If not, you can submit three years tax returns and/or asset statements/records.

We should be fine because even though I don't work right now my income exceeds the 125 % with dividend income and VA disability. I sent my Fiancee by FEDEX about 40 pages of supporting financial documents to include three year tax returns, my deed on the house since it is mortgage free, my investment and bank statements. Hopefully the CO will just look at the I-134 and the last years tax return. I am sure he will ask my Fiancee about my employment status and how I am able to not work and earn income.

Thanks again

For what it's worth, the general guidance on the State Department's travel site (which you provided a link to) is not followed at most consulates. Most use the 125% threshold. This makes sense, if you think about it. Why would they allow someone to come to the US on a K visa with a sponsor who was above the 100% threshold and below the 125% threshold, knowing full well they won't be qualified to sponsor their new spouse for adjustment of status after they are married? The FAM specifically points out that the sponsor is going to have to submit an I-864 with the AOS petition.

Since the consulate has discretion, they can apply whatever standard they like, but most are simply looking for some assurance that the beneficiary has a well qualified sponsor, and that the sponsor will be available to sign a legally binding affidavit of support when it's time to adjust status. They can't apply the exact same standards with the I-134 as they would with an I-864 because it just isn't possible. For example, an I-864 allows for sponsors to combine income if they are relatives living in the same household. The I-864A is provided for this. There is no corresponding I-134A, so consulates can't really consider combining income from multiple sponsors. In general, though, they tend to apply the same standards as the I-864 when possible.

The I-864 standard for assets is that they are valued at a 3:1 ratio for someone sponsoring their spouse or minor child, and 5:1 for everyone else. The petitioner of a K1 visa is usually considered a spouse for the purpose of valuing assets. For example, if the petitioner is $4000 short on qualifying income, and intends to use assets to qualify, they would need $12000 in assets. This is described in part 7, section 29 of the I-864 instructions.

Thanks for the info. The State Department website should reflect that each Consulate has discretion on what was percentage they would use for income/assets.

Absolutely. 212(a)(4)(B)(2) cites section 213A. The I-134 does not meet the requirements of section 213A. Nowhere on the form does it describe the contractual obligations of the sponsor, nor the income thresholds they have to meet, as required in INA 213A. This is why the I-134 has repeatedly been held unenforceable in court, and why the INA was revised in 1996 to include section 213A. The I-864 is the only affidavit currently in use by USCIS that meets the requirements of 213A.

The consular officer does apply INA 212(a)(4), but they do not apply INA 212(a)(4)(B)(2) when asking a K1 sponsor to submit an I-134. This means the consulate has all of the discretion implied by 212(a)(4)(A) - "in the opinion of the consular officer at the time of application for a visa".

DoS policy specifically disallows a consular officer from asking for an I-864 for a K visa. See FAM 40.41 N11.7, page 37:

http://www.state.gov/documents/organization/86988.pdf

A few consulates have recently decided that this section of the Foreign Affairs Manual doesn't apply to co-sponsors in a K-1 visa case, and have been requiring I-864's for co-sponsors. However, the majority follow the FAM and require an I-134. Nowhere on the I-134 does it state what the income requirements are for an eligible sponsor.

Anyway, a consular officer can deny a visa but he cannot revoke the approval of a petition - only USCIS can do that. The only thing a consular officer can do is return a petition to USCIS with the recommendation that the approval be revoked. If he actually denied a visa after attempting to subject the sponsor to an income threshold requirement of 1000% of the poverty guidelines then there is no way that USCIS would concur, and revoke the approval of the petition. Consular officers follow the guidance in the FAM, and the policies established by the consulate. Most follow the guidelines for the I-864.

So, could a consular officer require 1000% of the poverty guidelines? Yes. Would they? No way.

Wow Interesting! The State Department's website quotes the following: Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

This is from http://travel.state.gov/visa/immigrants/types/types_2994.html

You seem to be a subject matter expert. Do you know how assets play into the decision? Is there a formula they use for assets? Thanks again!

I am liberal concerning social issues. I am also a strong supporter of the Arizona law and anti-immigration.

How unfair is it that I have to go through all this ####### and a huge expense to have my fiancee legally here, but these illegal aliens think they can be here with no consequences. My fiancee would have no problem showing her greencard to law enforcement officials. Just the same as if I was in the Philippines and had to show my passport with a valid visa to the PNP or immigration officials.

The 14th Amendment needs to be repealed!!! No other country has this law. It was designed to allow African Americans the right to citizenship.

Back in the early 90s, my best friend worked in law enforcement. One day he was on patrol and saw several individuals urinating on a fence in plain sight at a gas station. We he approached the individuals they all wemt bacl inside the van. He asked for their ID but they could not produce any ID. The driver (smuggler/coyote) had a suspended license. He informed dispatch through the radio and they called the border patrol. The border patrol was 90 minutes away, but they requested that my friend wait and detain the individuals until they arrived. The border patrol arrived and took the 12 or so illegal aliens but they let the coyotes go for some reason. My friend wrote the guy a ticket for driving on a suspended license and towed away the van to impound.

That was back in the early 90s. The Arizona law changes nothing.

My Fiancee just finished day 2 of the exam. They told her to come back on July 23 to get the immunizations. They said that since she had an MMR shot about three weeks ago she has to wait 30 days (July 23) to get the immunizations at St Lukes. I could not find any valid reason for this (what a surprise in the PI) unless they want to give her a second MMR. But one MMR shot is effective for about 95% of the population. They gave her the passport back, so I am concerned now that the embassy will not get her passport from St Lukes in time bec her interview is schduled for July 27.

The I-134 does not need to be notarized.

A previous poster provided a link to the 'official' I-134 instructions. For the most, you should ignore those instructions. They were produced by USCIS, and are a vestige of an era when USCIS used the I-134 as their primary affidavit of support. USCIS rarely uses the I-134 anymore, but US consulates still use it for certain types of non-immigrant visas, including K1's. Each consulate can establish it's own requirements for the I-134, and those requirements often differ dramatically from the requirements in the USCIS instructions for the form. The form itself is self-explanatory, and no instructions are required. The consulate will tell you what additional documents or evidence they expect with the form. You should provide what the consulate requires, and not what the USCIS instructions indicate.

I don't know the specific procedures in Manila, but my wife didn't need to pay the visa fee before completing the medical. She just needed a copy of the interview appointment letter, and paid the medical fees.

So according to you, the consulate can do whatever they want and go against Laws such as Section 212(a)(4) of the INA? Some consulate could make the requirements 1000% or 10000% of the poverty line. Or did I mis read your statment?

I was initially confused about the conflicting information but eventually found out that the requirements are consulate specific. My fiancé used a co-sponsor as back up since he was unemployed last year which resulted to poor tax returns for '09. He landed a job in late December of '09 and his income is sufficient for us both. I intentionally submitted the co-sponsor's papers with my fiancé's I-134 to the prescreener and she tersely told me that the acceptance of such papers for a K-1 visa is upon the discretion of the consul. I was assigned to a fairly polite consul and I was under the impression that I was going to be handed a pink slip but unfortunately ended up with a blue one in stead. He asked for pay stubs and I supplied that last week and I haven't heard a word from them since. I called them yesterday and nothing has happened to my case. They are only good at delivering spiels.

I wonder if the site is even updated!?

125% would be roughly around $18,000-19,000 or so. MATH! That's fine because the consul only glanced at my fiancé's '09 tax returns, '09 W2's and ignored the previous years. I surmise that they require tax returns to look for financial stability and current pay stubs to prove the petitioner's capacity to support the beneficiary plus himself in the long run. Assets are supplementary financial evidence but the overwhelming amount of evidence you have should satisfy the CO.

They do give considerations to those with special cases so the documents should suffice. Tell your fiancée to be ready for some grilling. The consuls have the propensity to ask such ambiguous questions just to see you squirm. Please do update us on your journey. She'll be just fine and hopefully, you get a better outcome than I did.

The best of luck to you and you're welcome!

Toni

Thanks again. Wow! Yeah, I told her that if for some reason the CO says something like the Visa is denied because your fiance is not working, then she must be strong and ready to explain my entire financial situation and ensure the CO looks over all the paperwork. It should be fine, but you never know.

You're welcome Yup! I-134 for non-immigrants and the I-864 for AOS.

Regarding the poverty line, it's 125%. Each consulate applies their own requirements regarding that and for the Philippines, it's 125%. My VJ friends and fiancé followed the 125% income requirement. So that's 125% for a household of two unless like I said in an earlier post, you're in the military then it's 100%. If you don't meet the 125%, then you can suffice by having 5x the amount you lack through assets since they are only considered to be worth 1/3 of the income. You can stick with that you know or call the embassy if you're not satisfied with the information you're gathering. It's best to be sure. Good luck!

Thats interesting information. If the Embassy can do whatever they want regardless to the INS/Departement of State Laws/Guidelines such as Section 212(a)(4) of the INA, then why not make the requirement 200% or 500%? I would think someone would have a valid Congressional Inquiry if they got refused a visa even though they met the requirements of Section 212(a)(4) of the INA.

I meet the 125% anyway as I can tell, I just FEDEXd a I-134 with about 50 pages of supporting documents such as 3 years of tax returns, my VA disability paperwork since that is non-taxable, my investment accounts, bank accounts, my grand deed for my house, etc to my Fiancee. I wonder if the CO will look through it?? I am not working now so I don't have any W-2. If they disapprove it because they set their own laws/regulations, Ill be emailing my Senator right away to investigate for me.

Thanks again for the info.

HI RYANREC!

ur right, it's confusing. but my friend alvarez which is a member of VJ gave me a copy of poverty guideline, and it's stated there that for I-134 it's 100% that u need, and 125% for I-864.

Regarding assets, don't have idea. Try to go online on USEM site maybe u can pick up some idea there.

So how's ur application now?

Goodluck!

Sherryl.

Thanks for the info. It looks like I will meet the 125% anyway, but I am not working right now. I get a VA disability that is not taxed, but I do have proof of that. I also have monthly investment income every month, which I can provide statements and it appears on my tax returns. I also have substantial assets. I just worry that the CO might not want to look through all the evidence/proof.

I received the approval letter from USCIS back on June 10, I received a letter in the mail from NVC a few days ago with a case number. I went ahead and called the call center for the Manila Embassy to make the appointment. I was surprised that they could give me an appt so soon. Even July 19 if I wanted, but I choose July 27 so it would give my fiancee enough time to complete the medical. I will FEDEX her a large packet today of my I-134, additional photos, three years tax returns, bank and investments statements, house deed showing no mortgage, etc.

I read somewhere here (now I can't find it) that for the I-864, the assets must equal five years at the 125% level if there is no income. So according to that, even if I had no income, I would need about 90K in assets for the I-864??

Thanks for the information, but I just did find the website where I read before the following:

From: http://travel.state.gov/visa/immigrants/types/types_2994.html

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

I am confused. I see many replies on this thread that refer to the I-134 as meeting 125%. I had read and/or heard that for the I-134, you only need 100% not 125%. For just the I-864, you need 125%. Is that true?

Also, how do assets affect the I-134? Meaning if your income is low, how do assests make up for that? Is there a formula?

I am confused. I see many replies on this thread that refer to the I-134 as meeting 125%. I had read and/or heard that for the I-134, you only need 100% not 125%. For just the I-864, you need 125%. Is that true?

Also, how do assets affect the I-134? Meaning if your income is low, how do assests make up for that? Is there a formula?