USCIS vs. VisaJourney

[rebeccajo 14]

Bobby -

I would take issue with your comment that use of assets can be problematic. I was successful on both the consular and AOS levels with insufficient income bolstered by cash assets.

I think a lot of people get hung up on "income" as USCIS defines it as having to come from a job. It simply doesn't.

[rebeccajo 14]

Bobby -

That's an excellent link you posted - I'm adding it to my 'repertoire'.

I think though we should point out to Jen that it won't pertain to her, as she won't file I864 at the consular level.

Still good for understanding though. Thanks.

*oops just noticed the K1 bits - yes it does apply!*

Edited May 24, 2009 by rebeccajo

[GJen 9]

Empower by giving them knowledge. That's how.

She has had multiple threads on the topic because she's trying to figure out what to do. She's learning. She's young.

Giving knowledge is exactly what I'm doing. Notice I mentioned, not criticized the multiple threads, as evidence of knowledge she already possesses. A critical piece of knowledge will be evident to me when the focus of the questions changes from how to get around or just barely meet the requirements to how to ensure success. In this case, that's probably going to entail a better actual job, which might entail waiting. She's already discarded her other options in favor of independence. I admire that but it's likely to have a delaying consequence, sort of like delaying a purchase until you can pay cash.

Responsible young people often find they need to delay marriage for one practical reason or another. I understand young as there are three young women I call "daughters", two married and one nearly 21 with marriage yet in the future. Each understood or understands and has dealt or will deal with the practicalities before the marriage. Each has or will have involved their parents in the planning but took or will take responsibility for their own financial lives during those times.

Pushbrk,

I'm not trying to just barely make it. Believe me, if I could find a job that made $60,000 a year and would secure our financial future, I would jump at it! I'm being independent not because I'm too proud, but that I know the reality of finding a co-sponsor is about .001%. There is a sense of urgency because Gabriel and I have already been "together" for 3 years and ten months. Three months and one week of which we've actually spent in the same continent. Our options now are simple: I meet the requirements, he comes over here, we go through a pretty rough financial time and are very frugal for as long as it takes to get a good solid foundation or we get a co-sponsor(and I've already explained the chances of that happening).

If that doesn't happen, I will go to Venezuela and never make even close to the minimum requirements and then he will never be able to meet my family or experience my country and culture.Then, who knows what will happen with relations between the U.S. and Venezuela, I may not even be able to see my family either.

So just that knowledge right there is why I'm fighting so hard to get him over here, no matter what it takes.

[pushbrk 12,569]

Empower by giving them knowledge. That's how.

She has had multiple threads on the topic because she's trying to figure out what to do. She's learning. She's young.

Giving knowledge is exactly what I'm doing. Notice I mentioned, not criticized the multiple threads, as evidence of knowledge she already possesses. A critical piece of knowledge will be evident to me when the focus of the questions changes from how to get around or just barely meet the requirements to how to ensure success. In this case, that's probably going to entail a better actual job, which might entail waiting. She's already discarded her other options in favor of independence. I admire that but it's likely to have a delaying consequence, sort of like delaying a purchase until you can pay cash.

Responsible young people often find they need to delay marriage for one practical reason or another. I understand young as there are three young women I call "daughters", two married and one nearly 21 with marriage yet in the future. Each understood or understands and has dealt or will deal with the practicalities before the marriage. Each has or will have involved their parents in the planning but took or will take responsibility for their own financial lives during those times.

Pushbrk,

I'm not trying to just barely make it. Believe me, if I could find a job that made $60,000 a year and would secure our financial future, I would jump at it! I'm being independent not because I'm too proud, but that I know the reality of finding a co-sponsor is about .001%. There is a sense of urgency because Gabriel and I have already been "together" for 3 years and ten months. Three months and one week of which we've actually spent in the same continent. Our options now are simple: I meet the requirements, he comes over here, we go through a pretty rough financial time and are very frugal for as long as it takes to get a good solid foundation or we get a co-sponsor(and I've already explained the chances of that happening).

If that doesn't happen, I will go to Venezuela and never make even close to the minimum requirements and then he will never be able to meet my family or experience my country and culture.Then, who knows what will happen with relations between the U.S. and Venezuela, I may not even be able to see my family either.

So just that knowledge right there is why I'm fighting so hard to get him over here, no matter what it takes.

If I've misunderstood the purpose of this thread, I'm sorry. My impression is that you were arguing the fine points of the minimum requirements in order to satisfy yourself as to what must be done to "meet" those USCIS described "minimum requirements". It's the wrong focus BECAUSE Consular officers, not USCIS guideline writers, actually issue fiance visas. I have no criticizm for your desire to be with your fiance in the USA. I'm just telling you that your current focus is not the best method to accomplish your goal.

[GJen 9]

Empower by giving them knowledge. That's how.

She has had multiple threads on the topic because she's trying to figure out what to do. She's learning. She's young.

Giving knowledge is exactly what I'm doing. Notice I mentioned, not criticized the multiple threads, as evidence of knowledge she already possesses. A critical piece of knowledge will be evident to me when the focus of the questions changes from how to get around or just barely meet the requirements to how to ensure success. In this case, that's probably going to entail a better actual job, which might entail waiting. She's already discarded her other options in favor of independence. I admire that but it's likely to have a delaying consequence, sort of like delaying a purchase until you can pay cash.

Responsible young people often find they need to delay marriage for one practical reason or another. I understand young as there are three young women I call "daughters", two married and one nearly 21 with marriage yet in the future. Each understood or understands and has dealt or will deal with the practicalities before the marriage. Each has or will have involved their parents in the planning but took or will take responsibility for their own financial lives during those times.

Pushbrk,

I'm not trying to just barely make it. Believe me, if I could find a job that made $60,000 a year and would secure our financial future, I would jump at it! I'm being independent not because I'm too proud, but that I know the reality of finding a co-sponsor is about .001%. There is a sense of urgency because Gabriel and I have already been "together" for 3 years and ten months. Three months and one week of which we've actually spent in the same continent. Our options now are simple: I meet the requirements, he comes over here, we go through a pretty rough financial time and are very frugal for as long as it takes to get a good solid foundation or we get a co-sponsor(and I've already explained the chances of that happening).

If that doesn't happen, I will go to Venezuela and never make even close to the minimum requirements and then he will never be able to meet my family or experience my country and culture.Then, who knows what will happen with relations between the U.S. and Venezuela, I may not even be able to see my family either.

So just that knowledge right there is why I'm fighting so hard to get him over here, no matter what it takes.

If I've misunderstood the purpose of this thread, I'm sorry. My impression is that you were arguing the fine points of the minimum requirements in order to satisfy yourself as to what must be done to "meet" those USCIS described "minimum requirements". It's the wrong focus BECAUSE Consular officers, not USCIS guideline writers, actually issue fiance visas. I have no criticizm for your desire to be with your fiance in the USA. I'm just telling you that your current focus is not the best method to accomplish your goal.

Well, I have switched focus! I've looked at the consulate reviews for Venezuela. Most of them are positive, some say they didn't even ask any questions or ask for medical documentation or police clearance. I guess to find out what they really require, I should just call up there and ask?

[rebeccajo 14]

Well, I have switched focus! I've looked at the consulate reviews for Venezuela. Most of them are positive, some say they didn't even ask any questions or ask for medical documentation or police clearance. I guess to find out what they really require, I should just call up there and ask?

No don't bother calling them. Research the anecdotal evidence as posted in the consular reviews. Spend some (but not all!) of your time in the Vj Regional Forum where others from South America may have some insight.

The interview is not just about the financials. It is about EVERYTHING - the validity of the relationship; the health of the beneficiary; the criminal past of the beneficiary - EVERYTHING.

[Anh map 2,098]

Jen, As you've heard already the circumstances of each case will influence what the CO is looking for. There is no one sure way to have a successful interview. You and G understand the weak point(s) of your case. Upgrading your job sounds like a great step.

The police report, medical, etc. are straight forward. You haven't mentioned anything prior regarding G's health so I would expect that is just paying the fee and getting the exam. Same with the police report, you haven't indicated any worries there. The only hurdle that seems to stand in your way is the financial.

And remember that going the K1 route you have to present the affidavit/public charge info at the consular interview and later at AOS. Preparing for the I-864 should get you through the hurdles along the way.

Good luck on the job interview.

[Gary_UK 17]

This is a guess and only a guess but as far as I am concerned if you meet the 125% charge then your done. I know others have said that its always good to have a few extra grand in the bank to be on the safe side but I will report back more when i have my interview date.

As for the above comments I will throw my hat into the ring and perhaps if the benefactor's line of work is one where its a possible that its going to take a loooong time to get a job in the US once they get their green card that they may want additional cashola in the bank to cover for this. e.g. if your a highly qualified steam roller driver in an area which is predominately farm country I am guessing they might take a while to land a steam rolling job.

OR my other thought on this is. Perhaps if the benefactor has a peppered job history with large gaps between jobs may ( and its only my guess only ) that there is a higher risk of that person being a public charge ? that the CO on the day might ask for more proof of financial support.

As I have said this is just my brain cell having a "fart" but it may be the reasons why if as some have suggested that applicants have had to provide extra support even over the 125% threshold.

After all we are never going to have a member of the US Embassy answer this one for us, will we ?

[Bobby+Umit 161]

Bobby -

I would take issue with your comment that use of assets can be problematic. I was successful on both the consular and AOS levels with insufficient income bolstered by cash assets.

I think a lot of people get hung up on "income" as USCIS defines it as having to come from a job. It simply doesn't.

Not everyone has sufficient "cash assets" - so - much easier to get a co-sponsor if your in "close" to the line. If you had other holdings (real estate, bonds, stocks) you would have to prove you could cash them in without causing problems - which gives them one more reason to say "denied".

Plus, they may even say you have to show 5 years worth (as per the faq quote I showed above) of cash assets - which is something they can do if they so wish.

If you would have to show enough cash for 5 years - would you of made the poverty level for each of the five years?

(just an exercise )

[Captain Ewok 1,871]

I have removed some back and forth bickering. I would ask that the members take these discussions to PM if they are OT wrt the original topic. However I do acknowledge the good intentions, just that there are obvious personal gripes that created the tension.

[Gary and Alla 3,694]

Jen:

It is true that just meeting the guidelines does not mean a "win". Though in most cases I think it does. I also do not know why so many people worry about 3 years tax returns, I have never submitted those and we are past the AOS stage, so done with that. I submitted only one year tax return for each affidavit. VJ will tend to be conservative in their guides and I think it is good.

You are young, hey, it is normal for young people to struggle a bit, lord only knows I did. Not to date myself too much but I can recall budgets with like $12 per month for "disposable income" and it is absolutely true more money is deducted from my pay every week now, than I made for a week when I was 19-20 years old. I could meet the guidelines with what they deduct!!!! The consular officer can look at the fact you are both young and have your best years ahead. An old fart like me better have a good job. I think if you can show you meet the guidelines you have a good chance of approval, don't be so fatalist. YOU CAN DO IT!

[GJen 9]

Jen:

It is true that just meeting the guidelines does not mean a "win". Though in most cases I think it does. I also do not know why so many people worry about 3 years tax returns, I have never submitted those and we are past the AOS stage, so done with that. I submitted only one year tax return for each affidavit. VJ will tend to be conservative in their guides and I think it is good.

You are young, hey, it is normal for young people to struggle a bit, lord only knows I did. Not to date myself too much but I can recall budgets with like $12 per month for "disposable income" and it is absolutely true more money is deducted from my pay every week now, than I made for a week when I was 19-20 years old. I could meet the guidelines with what they deduct!!!! The consular officer can look at the fact you are both young and have your best years ahead. An old fart like me better have a good job. I think if you can show you meet the guidelines you have a good chance of approval, don't be so fatalist. YOU CAN DO IT!

Thanks for the encouragement. However, we have a friend who recently went through the process in Venezuela and she was asked for 3 years tax returns. What I wonder is if they accept me not having 3 years worth of tax returns because I was a full time student prior to last year. Sigh... I dunno.. I guess we'll plan out our future as we would have it if we did meet the requirements, show my parents, and hope they would be willing to help us. If not, I guess I'll be heading to Venezuela. I love Venezuela. I just don't love knowing that me going there means he will never be able to come here, even to visit. But I'll get everything together and see what my parents have to say about it.

[KimandRuss 0]

Many times a letter stating as such will be required if the Consulate is asking for 3 years. Your best bet is to contact the Embassy directly, explain your situation and ask what they will require from you based on your circumstances.

It's a long and bumpy road...but it's worth it.

good luck!