no NOA1 (plus other questions)

[CaMic 0]

Hi all, I have a couple (few) of questions:

1) Our I129F was sent on 10th November and signed for on 17th November to the Vermont centre and we haven't had an NOA1 yet. I noted that the current average time is 6 days for receipt of NOA1 and am worried that maybe we sent the package to the wrong centre - when going through the notes and USCIS website there was conflicting info on which centre we should use. My fiance, the petitioner, lives in Arkansas. Any help on this would be appreciated.

2) We are both currently unemployed and have been for a while - my fiance has worked but not earned enough to declare for Federal Income tax and often 'cash in hand' - bad boy!! I'm trying to get a job before it comes around to the consular interview and encouraging my fiance to do the same. Although my fiance has no savings or assets, I have enough capital between my savings and equity in my house to meet the required 3x 125% poverty line. Are we likely to be approved or refused at either the consular interview or AOS?

3) My fiance has 3 children: one aged 13 who is clearly a dependant and twins aged 16 - are they dependants and therefore members of his household even though he never sees them and pays no child maintenance? My fiance currently lives with his stepfather and that is likely where we will file AOS from (should we get to that stage) - does his stepfather count as a member of the houshold for the affidavit of support purposes? (I have enough capital to cover a household of 5 - me, my fiance and his 3 kids, but posssibly not for a household of 6, just depends on what happens with the exchange rates).

4) what other grounds is the AOS commonly refused on? for ease I'd like to sell my house before coming over on the K1 visa, but am worried that I could then be refused a greencard and have nowhere to live on being sent back to the UK if I do that.

[TracyTN 237]

Hi all, I have a couple (few) of questions:

1) Our I129F was sent on 10th November and signed for on 17th November to the Vermont centre and we haven't had an NOA1 yet. I noted that the current average time is 6 days for receipt of NOA1 and am worried that maybe we sent the package to the wrong centre - when going through the notes and USCIS website there was conflicting info on which centre we should use. My fiance, the petitioner, lives in Arkansas. Any help on this would be appreciated. There shouldn't be conflicting information - but if there is for some reason, the instructions for the I 129 f show that those in Arkansas should send their packets to Vermont. Did you send a check for the fee? Has it been cashed? Everyone experiences different NOA times - I wouldn't panic yet.

2) We are both currently unemployed and have been for a while - my fiance has worked but not earned enough to declare for Federal Income tax and often 'cash in hand' - bad boy!! I'm trying to get a job before it comes around to the consular interview and encouraging my fiance to do the same. Although my fiance has no savings or assets, I have enough capital between my savings and equity in my house to meet the required 3x 125% poverty line. Are we likely to be approved or refused at either the consular interview or AOS? No one can tell you for sure whether or not you'll be approved or denied at either stage. Prepare to document what you have asset wise, but I'd also start looking around for a joint sponsor - a USC or LPR who is willing to document their income and go to bat for you as a couple (as it were). Though I'd really try to get that sorted out for yourselves once AOS time rolls around. That form is a bit more binding, and you may have trouble convincing someone to cover you in that instance (aside from wanting to stand on your own two feet).

3) My fiance has 3 children: one aged 13 who is clearly a dependant and twins aged 16 - are they dependants and therefore members of his household even though he never sees them and pays no child maintenance? My fiance currently lives with his stepfather and that is likely where we will file AOS from (should we get to that stage) - does his stepfather count as a member of the houshold for the affidavit of support purposes? (I have enough capital to cover a household of 5 - me, my fiance and his 3 kids, but posssibly not for a household of 6, just depends on what happens with the exchange rates).

4) what other grounds is the AOS commonly refused on? for ease I'd like to sell my house before coming over on the K1 visa, but am worried that I could then be refused a greencard and have nowhere to live on being sent back to the UK if I do that. I've never heard of anyone being denied a green card because they don't have a place to live back in their home country. They really don't care what you have/don't have going on back at home - unless it were some kind of criminal activity, I guess! I think you're grasping at straws on that one.

[Anh map 2,098]

Using a home as an assets requires a recent valuation done by a licensed real estate appraiser. (see pg 8 of the I-864 instructions for guidance regarding assets for the affidavit of supprt) The CO has latitude as to what is accepted here. I have heard of some people being successful using foreign property.

I echo TracyTN's advice about lining up a co-sponsor.

The stepfather would not be included in the household count.

Concentrate on securing the visa.

[CaMic 0]

Hi all, I have a couple (few) of questions:

4) what other grounds is the AOS commonly refused on? for ease I'd like to sell my house before coming over on the K1 visa, but am worried that I could then be refused a greencard and have nowhere to live on being sent back to the UK if I do that. I've never heard of anyone being denied a green card because they don't have a place to live back in their home country. They really don't care what you have/don't have going on back at home - unless it were some kind of criminal activity, I guess! I think you're grasping at straws on that one.

I wasn't thinking that they'd deny a green card BECAUSE of me not having a home in the UK, was just worried that if they did refuse it on some other grounds that I would have to come back to the UK and live in bed & breakfast accomodation or similar until I could get a job, mortgage/rental etc. My other alternative is to keep the house with all the mortgage, utility and tax bills ongoing until after I get the green card and then return to the UK to sell my home and posessions.

My fiance sent a money order rather than a cheque so we can't use that to check the status.

Does a joint sponsor have to be in employment or can a retired person act as a sponsor? My fiance's stepfather would gladly do it, but he's had bad experiences acting as a guarantor on credit agreements for another of his children's partners and I really don't want to put him in that position so it would be an absolute last resort. Of course if he isn't counted as a household member then I can cover the financial side completely on my own.

[CaMic 0]

Using a home as an assets requires a recent valuation done by a licensed real estate appraiser. (see pg 8 of the I-864 instructions for guidance regarding assets for the affidavit of supprt) The CO has latitude as to what is accepted here. I have heard of some people being successful using foreign property.

I echo TracyTN's advice about lining up a co-sponsor.

The stepfather would not be included in the household count.

Concentrate on securing the visa.

Thanks for that!! I know that I need the valuation of my property done for the consular interview and a mortgage statement detailing what I owe on the property so that will all already be in place when we file for the AOS, unless I sell up before coming over and have it as 'cash in the bank'.

[TracyTN 237]

Hi all, I have a couple (few) of questions:

4) what other grounds is the AOS commonly refused on? for ease I'd like to sell my house before coming over on the K1 visa, but am worried that I could then be refused a greencard and have nowhere to live on being sent back to the UK if I do that. I've never heard of anyone being denied a green card because they don't have a place to live back in their home country. They really don't care what you have/don't have going on back at home - unless it were some kind of criminal activity, I guess! I think you're grasping at straws on that one.

I wasn't thinking that they'd deny a green card BECAUSE of me not having a home in the UK, was just worried that if they did refuse it on some other grounds that I would have to come back to the UK and live in bed & breakfast accomodation or similar until I could get a job, mortgage/rental etc. My other alternative is to keep the house with all the mortgage, utility and tax bills ongoing until after I get the green card and then return to the UK to sell my home and posessions.

My fiance sent a money order rather than a cheque so we can't use that to check the status.

Does a joint sponsor have to be in employment or can a retired person act as a sponsor? My fiance's stepfather would gladly do it, but he's had bad experiences acting as a guarantor on credit agreements for another of his children's partners and I really don't want to put him in that position so it would be an absolute last resort. Of course if he isn't counted as a household member then I can cover the financial side completely on my own.

That's one of the many risks you take by emigrating, I'm afraid. No one can guarantee you that your AOS will be approved, so the best you can do is to prepare your application to the letter (follow the guide here for help) and roll those dice.

The instructions on the the I 864 (used at AOS) lay out pretty well who can/cannot act as a joint sponsor. Retired individuals can be used so long as they fit the other criteria. You can apply that same criteria to a joint sponsor on the I 134 (used at consular interview).