Wish to sponser fiancee

[msu17 0]

You will need to show proof of finances at the interview (8-9 months or so if you were to file now) and again when you file for the green card. I can't remember if you need that at the interview or send it with the AOS package. Also the I-134 is not legally binding, so if you envision having a job with enough income around a year or more from now, you could have your sisters co-sponsor the I-134 and then you can independently sponsor for AOS.

[JimVaPhuong 4,863]

Just so you understand, the I-134 affidavit, and supporting evidence, are submitted at the interview, which is likely to be at least six months from now. After your fiancee arrives in the US, and you are married, you'll need to submit the application for adjustment of status. At that time, you'll need to submit the I-864 affidavit along with pretty much the same supporting evidence. If your income has not improved but your assets have decreased, you might not make it. This isn't dependent on your financial status at the time you submit the I-129F petition, but at the time you submit the affidavits.

Something to consider...

You mean the K1 could be issued, and she come over and marry me and they won't even ask to see the financial evidence until then? I can see where I'm going to need to fully digest the materials now. Regardless, I job hunting is priority #1. Maybe I shouldn't even bother starting the process until I'm employed regularly which means putting off getting married for maybe another year - could be rough to maintain this relationship indefinitely.

No, I'm saying they are going to ask for the financial information twice - once when your fiance goes to the interview for the visa, and again when you apply for her green card after marrying her in the US. If you're going to be presenting evidence from brokerage or bank accounts, then they're going to expect those statements to be fairly recent. If you present a statement that's six months old, they probably won't accept it.

Another thing to consider is that they usually consider any heavy financial penalty for "cashing out" an asset to be covered by the "undue hardship" clause of the sponsorship affidavit. In other words, cashing out a retirement account would come with taxes and penalties that would make the account not worthy of consideration as an asset. Likewise with your CD's, if they will not mature within 12 months. In order to be considered, the assets pretty much need to be of the type you can liquidate within 12 months for their full and current value.

If you're pretty sure you can make the minimum requirements by the time the interview comes up, or you have a co-sponsor willing to assist in case you can't, then go ahead and file now. I would only recommend waiting if your financial situation is pretty dire right now, you don't have any prospects of it improving, and you can't get a co-sponsor who is well qualified.

[CoffeeMuse 5]

Sounds like I need to wait before filing which is a bummer. Double my job hunting efforts and minimize damage to my savings.

[Gary and Alla 3,694]

Hi, I'm new here and using a ficticious name here on Visa Journey.

I met a single (never married) woman with one child over the internet last August in the UK, went to visit her in December. During the time we have been getting to know we feel we have a lot in common personality wise and have felt we are a good match. After returning from my visit I was let go from my job as a professional geologist. Basically I have been unemployed and collecting unemployment benefits for the past 5 or more months now and but my fiancee from the UK and I wish to work toward imigration to the US in a reasonably timely fashion. I have the impression the process takes about 8 months give or take if all goes reasonably well.

First a little back ground. I am 50 years old and have a Bachelors and Masters degree in Geology but have never been a major salary earner. I was separated in 2000 and finally divorced in the spring of 2007. I have managed to save up significant amount of cash and also have saved up some retirement funds as well. At present I have only managed start working on temporary projects with a computer tech agency so I don't have regular employment yet. I have a single child who I am not the primary custodian but just have visitation rights and child support obligations.

My question to you who have perhaps been through this all is this: Would it be possible for me to apply now for a K1 VISA for my fiancee and get it approved based on my financial savings and retirement assets and only temp part time work? What I would like to do is sponser my fiancee and her son and get married next year.

I have talked to one other person I know who was a divorced woman who sponsered her fiancee from Sweden. Her story was that she had to show she had enough finances to support herself, her own child and her foreign (Swedish) fiancee - this translated to 3 times the poverty level for a year - which she stated was $22k each x 3 for a total of $66k. She had a very low paying job so that basically didn't help her case but her savings alone got her fiancee approved.

Are retirement funds counted as assets which the INS will count as credit in the above regard? Basically between a CD, cash in the bank and EE bonds current value, I exceed the 3 x poverty level alone as long as I don't have to count my own daughter as a dependent in this situation. Can anyone clarify how these factors work and are counted? I would assume I would count myself, my fiancee and her son at minimum as 3 people. What about my daughter who is full-time with her mother (who is worth about $900k in her assets). Does my part time child count or do I only count myself, my fiancee and her son? Would I stand a good chance of getting approved under this scenario?

Wait. CoffeeMuse is NOT your real name? I feel somehow...violated.

Your friend's experience is exactly correct/ You must have satisfacory income or assets at 3x the value to qualify OR a qualifying co-sponsor.

Retirement benefits CAN be counted as assets BUT they must be able to be liquidated within 1 year. Also many retirement plans are subject up to 40% penalty for early withdrawl (usually before age 59-1/2) So you wqould need to provide a statement of account and the early withdrawl policies and penalties. The amount of savings would be reduced by the penalty amount and divided by 3. Current family of TWO requires minimum 18,212 per year or that amount x3 in assets. If you make $15,000 per year, then you only need to "make up" for $3,000

I am still a little shook up by the name thing. But thanks for being honest about it.

Sounds like I need to wait before filing which is a bummer. Double my job hunting efforts and minimize damage to my savings.

You do not need to wait. No financial information is required to file the petition. It all occurs at the interview 5-6 months down the road. Are you feeling lucky?

[CoffeeMuse 5]

Wait. CoffeeMuse is NOT your real name? I feel somehow...violated.

Your pulling my leg right?

Your friend's experience is exactly correct/ You must have satisfacory income or assets at 3x the value to qualify OR a qualifying co-sponsor.

Retirement benefits CAN be counted as assets BUT they must be able to be liquidated within 1 year. Also many retirement plans are subject up to 40% penalty for early withdrawl (usually before age 59-1/2) So you wqould need to provide a statement of account and the early withdrawl policies and penalties. The amount of savings would be reduced by the penalty amount and divided by 3. Current family of TWO requires minimum 18,212 per year or that amount x3 in assets. If you make $15,000 per year, then you only need to "make up" for $3,000

I am still a little shook up by the name thing. But thanks for being honest about it.

Shook up by the name thing? Well, I'm 50 and been on the internet for the past 15 or 20 years and have always felt its a good general policy to use an alias just because the net is a wild and wooly place. I guess its called being safe. I have a 14 year old daughter and I have always advised her to be careful with the information she gives out, especially because she is a child/teen. I notice others on Visa Journey aren't always using their names but intials or other aliases - so it is common that people often don't use real names on forums which are public.

Anyway, back on topic ... I do appreciate the information. It helps to know that I could use retirement funds as colateral for sponsership purposes. Some of my retirement funds are in a 401k stock account which would not be user friendly for this purpose. But others are in simple IRA CD's and could be accessed. The way it seems it should work is a "value" is assigned based on actual recoverable funds should they be needed (ie emergency) for survival. As it is between savings, CD's, EE bonds, IRA CD's, 401k, I have far more than is apparently needed to cover 3 people at the poverty level. I am currently only employed on a part time basis with a temp agency, but with a masters degree, bachelors degree and 16+ years experience, I am confident I will be able to find work in the next 6 months.

You do not need to wait. No financial information is required to file the petition. It all occurs at the interview 5-6 months down the road. Are you feeling lucky?

Well I have a little more than luck on my side. I have my finances. Its a matter of how those finances will be evaluated and accepted, along with any employment I have at the time of interview. So I will likely begin the application process and it will be more a matter of how I am presenting things in 6 months.

[Gary and Alla 3,694]

Just so you understand, the I-134 affidavit, and supporting evidence, are submitted at the interview, which is likely to be at least six months from now. After your fiancee arrives in the US, and you are married, you'll need to submit the application for adjustment of status. At that time, you'll need to submit the I-864 affidavit along with pretty much the same supporting evidence. If your income has not improved but your assets have decreased, you might not make it. This isn't dependent on your financial status at the time you submit the I-129F petition, but at the time you submit the affidavits.

Something to consider...

You mean the K1 could be issued, and she come over and marry me and they won't even ask to see the financial evidence until then? I can see where I'm going to need to fully digest the materials now. Regardless, I job hunting is priority #1. Maybe I shouldn't even bother starting the process until I'm employed regularly which means putting off getting married for maybe another year - could be rough to maintain this relationship indefinitely.

No.

You can PETITION for the visa (I-129f) and the PETITION can be approved. You will not get the VISA until you demonstrate you can support her, this is done at the interview, usually about 6 months after you file the petition.

Retirement funds CAN be used BUT they will consider the value of them after any tax penalties. Also they will only consider the current value of the CDs, not the mature value. And assets must equal 3 times the required annual income. It is usually easier to get a co-sponsor (can be any US citizen or LPR) or get a new job paying the requisite amount than using assets.

[NArocks 13]

From the sounds of things above, maybe. Right now I can make up the amount with out retirement if I only have myself, my fiancee and her son since I did not claim my daughter on my 2008 taxes. That means I need to show $69k which right now I can show that. 6 months from now may be different but I hope to have some kind of steady work by then, so it may be an either or situation or combined.

Where are you getting this amount from? If you are working only part time right now and make enough to show at least $27,562. Not to dip into your personal life but this is what is need as far as income from jobs. As far as assets it states "In order to qualify based on the value of your assets, the total value of your assets must equal at least five times thedifference between your total household income and thecurrent poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouseor minor child, the total value of your assets must only beequal to at least three times the difference."

I-864

Get the process started Now You are very smart and now the willingness to find a job is greater

Edited June 25, 2009 by NArocks

[Gary and Alla 3,694]

Wait. CoffeeMuse is NOT your real name? I feel somehow...violated.

Your pulling my leg right?

Your friend's experience is exactly correct/ You must have satisfacory income or assets at 3x the value to qualify OR a qualifying co-sponsor.

Retirement benefits CAN be counted as assets BUT they must be able to be liquidated within 1 year. Also many retirement plans are subject up to 40% penalty for early withdrawl (usually before age 59-1/2) So you wqould need to provide a statement of account and the early withdrawl policies and penalties. The amount of savings would be reduced by the penalty amount and divided by 3. Current family of TWO requires minimum 18,212 per year or that amount x3 in assets. If you make $15,000 per year, then you only need to "make up" for $3,000

I am still a little shook up by the name thing. But thanks for being honest about it.

Shook up by the name thing? Well, I'm 50 and been on the internet for the past 15 or 20 years and have always felt its a good general policy to use an alias just because the net is a wild and wooly place. I guess its called being safe. I have a 14 year old daughter and I have always advised her to be careful with the information she gives out, especially because she is a child/teen. I notice others on Visa Journey aren't always using their names but intials or other aliases - so it is common that people often don't use real names on forums which are public.

Anyway, back on topic ... I do appreciate the information. It helps to know that I could use retirement funds as colateral for sponsership purposes. Some of my retirement funds are in a 401k stock account which would not be user friendly for this purpose. But others are in simple IRA CD's and could be accessed. The way it seems it should work is a "value" is assigned based on actual recoverable funds should they be needed (ie emergency) for survival. As it is between savings, CD's, EE bonds, IRA CD's, 401k, I have far more than is apparently needed to cover 3 people at the poverty level. I am currently only employed on a part time basis with a temp agency, but with a masters degree, bachelors degree and 16+ years experience, I am confident I will be able to find work in the next 6 months.

You do not need to wait. No financial information is required to file the petition. It all occurs at the interview 5-6 months down the road. Are you feeling lucky?

Well I have a little more than luck on my side. I have my finances. Its a matter of how those finances will be evaluated and accepted, along with any employment I have at the time of interview. So I will likely begin the application process and it will be more a matter of how I am presenting things in 6 months.

And yes, I was joking about the name.

[Nik+Heather 121]

I don't think that anyone has mentioned...

You can use assets to supplement your income shortfall. It's not an all or nothing thing.

You said you're getting unemployment. That counts.

You said you've got some contract work. That counts too.

Now all you need to do is take the difference between what you need to have in income - what (although little) you make, and then only make up 3x that number.

Anyway, I thought I would mention, as you seem to be thinking this is a high, unattainable goal.

Page 9, point 29.

http://www.uscis.gov/files/form/I-864.pdf

Edit: Learned something.

Edited June 25, 2009 by Nik+Heather

[CoffeeMuse 5]

Its been a while since I replied to this topic.

I am going to go ahead and send in the initial K1 Visa application package in a few days. I have the I-129 form completed (while my fiancee was visiting in September). While she was with me, we got a passport style photo and completed the G-235 forms also. We did our letters of intent and signed them.

All I have now to do is assemble the package and mail it out after reviewing the contents a few more times. I"m going to list items below I have included as proof we met in the last 2 years, and proof we have an ongoing relationship. I'm sure there is a more that could be provided but I want to simply include the basic nessessary proof in this package and if needed, more can be brought to the interviews etc later on.

Proof we met in the last 2 years:

-Photocopies of my flight boarding passes from the US to England on December 1, 2009. (I didn't keep the return flight boarding passes).

-Photocopy of my stamped passport showing December 2 and 7 dates (to England, and returning to the US)

-A photograph of me and my fiancee together in her house in England taken December 6, 2009

Proof of ongoing relationship (additional to above):

- Three photographs taken of me and my fiancee in Washington DC during an April 2-15, 2009 visit (in front of the Capitol, the White House and at my sisters house on Easter) (I do not have photocopies of her boarding passes for that trip but will later, they were retained.)

- Print out of partial list of emails sent by my fiancee with late 2008 and more recently in 2009. (We relied heavily on instant messaging, voice over internet for daily contact)

- Photocopies of my fiancee's boarding passes on her Amsterdam to Washington Dulles airport leg of the trip, and a photocopy of her flight ticket receipt showing the flight schedule/itinerary.

- Four photographs of us together in Washington DC (Capitol, Washinton Monument) and in Syracuse, New York.

So with pictures of us on three separate visits, photocopies of boarding passes on two separate trips, and passport stamps, itinerary etc, I'm hoping this is plenty of proof to provide on this initial package going out. It would be nice to have the boarding passes from the middle trip, but if I were to wait for those to be sent over from the UK, then the passport photo we took of her in Walmart in late September will be more than 30 days old. We can certainly provide additional proof with email printouts, more photo's, actual passports with stamps, and boarding passes from all three trips for the interviews later on.

So bottom line, am I pretty solid for this initial package? I have a brother-in-law who is an attorney handles work Visa applications every day who I am going to have review my package before mailing also.

Thanks!