Question 18! =) Help plz

[Rey Cobham 0]

Greetings All,

Firstly may I say this web site is absolutely fab and just looking through all the happy peeps and helpful answers and guidance is heartwarming!

Having read thru the guides and FAQs a dozen or so times, its all starting to sink in and make sense and my fiance and myself are now filling out the I-129F and have hit question 18 and are a little unsure how to proceed.

The history:

We met online in 2002 in the roleplaying environment called Everquest. We became very good friends, spending 4 to 6 hours a day online together most days. During this I discovered she was married with children, but that the marriage had turned sour to the point of no return, although living under the same roof they were living separate lives. In January 2003 Pam was diagnosed with breast cancer, and went thru chemotherapy over a period of 9 months. Towards the end of her therapy (August 2003) I managed to scrape up the money to spend a week in Memphis with her in an attempt to cheer her up. We spent a happy week exploring Memphis and connected wonderfully. The next year or so was spent learning more about each other, chatting every day either online or via phone calls. Pam recovered fully from her bout with cancer and we began to start plannin our finances towards being able to marry and start our lives together. Pam finally moved out and divorced in late 2005, and is now living with the kids in Kentucky where I hope to join them if we can sift thru all this paperwork!

The questions:

We havent seen each other in almost 3 years now, how important is this likely to be?

We communicate every day for hours, have sent cards both ways, copious amounts of pressies, flowers etc. However evidence of this is likely to be limited to credit card bills, and phone bills as until recently I didnt realise how important reciepts for these would be. I do have some proof of my trip to the US in 2003, including Passport stamp, boarding tickets etc. We did however get some photos of ourselves together which will help! Neither of us are particularly rich, she works at a department store making endsmeat, while I'm a computer technician in a secondary school in the UK, making around 18,000 uk pounds annually.

Is it true that if my US fiance isnt earning enough cash this may be a problem? I'm hoping that once I've been processed and able to get a job I'll be earning similar to my current wages in US dollars

Any tips or answers to these would be fab, even with this amazing resource, this whole adventure is quite overwhelming!

Rey

[Yodrak 7]

Rey,

You must have seen each other in person within the 2 years prior to submitting the petition. One of you will have to scrape up the money to visit the other.

Money is an issue. Hopefully you will be able to get a job in the USA that pays as much or more than you are earning now, but it may be a few months or more until you are authorized to work and there is no assurance that you will be able to find work. A USC can go on public assistance if they cannot find work or cannot find work that pays enough to support them, a new immigrant cannot. You must have someone willing and able to support you up to the amount required by immigration law.

Yodrak

...

The questions:

We havent seen each other in almost 3 years now, how important is this likely to be?

We communicate every day for hours, have sent cards both ways, copious amounts of pressies, flowers etc. However evidence of this is likely to be limited to credit card bills, and phone bills as until recently I didnt realise how important reciepts for these would be. I do have some proof of my trip to the US in 2003, including Passport stamp, boarding tickets etc. We did however get some photos of ourselves together which will help! Neither of us are particularly rich, she works at a department store making endsmeat, while I'm a computer technician in a secondary school in the UK, making around 18,000 uk pounds annually.

Is it true that if my US fiance isnt earning enough cash this may be a problem? I'm hoping that once I've been processed and able to get a job I'll be earning similar to my current wages in US dollars

Any tips or answers to these would be fab, even with this amazing resource, this whole adventure is quite overwhelming!

Rey

Edited July 7, 2006 by Yodrak

[Mew 0]

The questions:

We havent seen each other in almost 3 years now, how important is this likely to be?

We communicate every day for hours, have sent cards both ways, copious amounts of pressies, flowers etc. However evidence of this is likely to be limited to credit card bills, and phone bills as until recently I didnt realise how important reciepts for these would be. I do have some proof of my trip to the US in 2003, including Passport stamp, boarding tickets etc. We did however get some photos of ourselves together which will help! Neither of us are particularly rich, she works at a department store making endsmeat, while I'm a computer technician in a secondary school in the UK, making around 18,000 uk pounds annually.

Is it true that if my US fiance isnt earning enough cash this may be a problem? I'm hoping that once I've been processed and able to get a job I'll be earning similar to my current wages in US dollars

Any tips or answers to these would be fab, even with this amazing resource, this whole adventure is quite overwhelming!

Rey

Hi, Rey. Hope this helps you.

1. We havent seen each other in almost 3 years now, how important is this likely to be?

The instructions on the form say that you must "provide copies of evidence that you and yourfiancé(e) have personally met within the last two years;or if you have never met within the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting.

As you can see, there are exceptions to the 2-year rule, but since I don't know what the reasons for your not having met in more than 3 years were, I can't give you a more concrete advice.

2. Is it true that if my US fiance isnt earning enough cash this may be a problem?

Yes. If your fiance doesn't meet the requirements (check the poverty guidelines), you'll need a co-sponsor. She and such co-sponsor both will need to send out affidavits of support, accompanied by documents that show their financial situation and the ability of supporting you in the U.S. This forms and evidences will only be sent later in the process, after your I129f has been approved.

[Rey Cobham 0]

Thanks for your input !

I feared as much - however the I-129F form indicates if its financially difficult or there are other reasons, not having seen each other within that time period may be overlooked - I guess this is not the case or will need to be looked into further!

I will be selling my house in the near future, and making a reasonable profit, easily able to sustain us for a year or so, which should be time enough for me to find the olde gainful employment!

Thanx again!

Rey

[Mew 0]

Thanks for your input !

I feared as much - however the I-129F form indicates if its financially difficult or there are other reasons, not having seen each other within that time period may be overlooked - I guess this is not the case or will need to be looked into further!

I will be selling my house in the near future, and making a reasonable profit, easily able to sustain us for a year or so, which should be time enough for me to find the olde gainful employment!

Thanx again!

Rey

Yeah. The form says 'hardship', it doesn't mention financial difficulty. From what I've read about other VJ's experiences, financial hardship has not been seen as a valid reason for not having met within 2 years and has caused some petitions to be denied.

Also, the reason why they ask your fiance to send an affidavit of support is the period of time you'll need to get an EAD and find a job. I'm not sure (you'd need to do some research about it) whether there's been any case approved in which the foreign fiance has sent evidence of having means to support themselves in the U.S.

Quick editing to my reply above: the time to get an EAD and find a job is one of the reasons why they've come up with the affidavit thing. The underlying reason is that the U.S. government doesn't want foreigners to be a burden to the American system - as stated in the instruction packet received from the consulate.

Edited July 7, 2006 by Mew

[mozplay 28]

You can find the poverty guidelines here:

http://www.uscis.gov/graphics/howdoi/affsupp.htm#income

If your fiance does not meet these requirements, she can also get a co-sponsor to also file.

Good luck.

Mo

[Rey Cobham 0]

Thanx guys Looking into it now!

[meauxna 15]

Any tips or answers to these would be fab, even with this amazing resource, this whole adventure is quite overwhelming!

Rey

Rey,

Welcome to the funny farm. You've got some shuffling to do. As others have pointed out, the 2 years rule is ironclad. I have seen a total of one person get around this in 4 years and they did so off of cultural/religious reasons, not financial (and they might have fibbed).

You have a good job, you must get good time off, & a ticket to KY won't be that steep. Consider that seeing each other in person is a good idea for other reasons as well.

Go to uscis.gov to the forms section and look up I-864P. That will explain the level of income your fiancee must earn (gross) to support her household plus you (her + kids + you). While you *can* get to the US before she is earning that amount (based on your own funds) you might find things difficult once here. The I-864 will have to be completed for you to remain in the US (as part of the Adjustment of Status/I-485 application).

Bear in mind that it is very likely that you will not be working for your first 4-7 months in the US! Several people find this a shock, or even if prepared for the no income part of it, are disturbed by the sitting around the house part of it..

Congrats to Pam on her battle and victory! Another crappy thing to look at is the cost of health insurance in the US, and how few employers offer it to their workers (sometimes they will split the cost with the employee).

[joeyjoey 1]

1) Read this link!!! http://www.visajourney.com/forums/index.ph...mp;page=k1guide

2) You have to have met in nperson in the last 24 months.

3) The petitioner must earn 125% of the Poverty guideline

4) Check the expiration date at the top right of your I129F to make sure you're using the most current form

[Rey Cobham 0]

Ok, bearing in mind we've not yet started the whole process, am I ok to enter the US on a tourist Visa and stay with her? And if so is there anything I should beware of? Its late Sunday night here and I'll probably reread thru FAQs and guides again tomorrow, so ignore me if I'm being daft!

Many thanks to everyone so far!

Rey

1) Read this link!!! http://www.visajourney.com/forums/index.ph...mp;page=k1guide

2) You have to have met in nperson in the last 24 months.

3) The petitioner must earn 125% of the Poverty guideline

4) Check the expiration date at the top right of your I129F to make sure you're using the most current form

[Mew 0]

Ok, bearing in mind we've not yet started the whole process, am I ok to enter the US on a tourist Visa and stay with her? And if so is there anything I should beware of? Its late Sunday night here and I'll probably reread thru FAQs and guides again tomorrow, so ignore me if I'm being daft!

Many thanks to everyone so far!

Rey

You can certainly go visit your fiance before starting the process. You can even take the opportunity to go through all the forms and what'll you need so you can discuss things in person.

You can get a tourist visa, provided you meet the requirements that you'll find here: http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

[meauxna 15]

Rey & Mew,

Few UK citizens enter the US with a 'tourist visa'. It's more common to use the Visa Waiver Program/VWP. Using that allows you to come for a 90 day VISIT. Be prepared to answer the questions actually asked of you and/or to show that you live in the UK and are not immigrating to the US on that VISIT.

[Mew 0]

Rey & Mew,

Few UK citizens enter the US with a 'tourist visa'. It's more common to use the Visa Waiver Program/VWP. Using that allows you to come for a 90 day VISIT. Be prepared to answer the questions actually asked of you and/or to show that you live in the UK and are not immigrating to the US on that VISIT.

woops, I didn't know. I guess the VWP works even better for him!

[dwar49 0]

Just one more chiming in. You will definitly need to meet within the two year requirement, there is no reason why you cant use VWP to enter the US prior to submitting the package. And if you have a job and proof of attachment to UK there is no reason you cant use VWP even after submitting package. Just expect possibly more questions at POE when you do, but it is perfectly legal and many visit the US while waiting for approval.

[Rey Cobham 0]

Awesome I thought as much but I keep hearing of these horror stories, and its a personal fear about getting stopped at a border and told I'm not allowed in /blush

You guys/gals rock, /bows to all of you

Rey