Some questions about filing for the K-1...

[garnet80 1]

My fiance is here visiting me in the USA from Canada, and we are preparing the first packet as much as we can, before he leaves. I am waiting on my divorce court date (after years of separation) which is four days after my fiance returns to Canada. As soon as I can add my divorce paperwork I will get the packet in the mail.

My questions are all pretty stupid, but I'd rather ask now, rather than regret it later!

Also, I have read the guides! I have used the search. I either couldn't find the answer, or just flat out didn't understand it. So my questions are:

*Do I fasten all of these papers together? Or just use like, a folder you would purchase for school? Are staples okay? I just want to get it to them in the right manner. I dont want to send loose papers if this is not how it is done!

*I am sending some photographs of our time together, should they just go inside another baggie like the one the passport style photos go in? Or? (For evidence of meeting recently I am using scans of his boarding passes, his flight itineraries, his airport to my house shuttle confirmation, and some photos. Should this be sufficient?)

*I typed up the forms online, and printed them out. Sometimes words were cut off, I assume it's okay to finish the words with black ink by hand?

*Later, when I am doing the affidavit of support... well I was married for 11 years. I was a homemaker for some of those years. I know I need to attach past bank statements and tax returns... does it matter they were joint with him? I only recently opened my own bank account with the action of the divorce which I paid for in October of this year.

I also just started a new job, after not having been employed for a while. It's steady employment, but it's new. I hope this doesn't hurt me... (My ex still supported me financially up until about 6 months ago, while I was looking for work, despite living in his new home with his girlfriend.)

*I do not make enough to sponsor my finace. My mother I *think* does make enough. We live in the same house to save money. She does not support me, we each support ourselves. She does not claim me on her taxes. Anywhere I could look up what her income needs to be in this particular case? Does she have to make enough to support herself, my finace and me? Or just the two of them? I'm totally confused by this. The one thing I do know, is that I am very fortunate to have a mom that will help me out and be co-sponsor!

I think thats it. I'm really hoping to have this 99% ready to mail by the time my fiance goes home in a couple weeks. I think I'm doing pretty well getting it together... just a few of these questions that I can't figure out.

Thanks very much for any assistance!

[Rhiannercakes 14]

*Do I fasten all of these papers together? Or just use like, a folder you would purchase for school? Are staples okay? I just want to get it to them in the right manner. I dont want to send loose papers if this is not how it is done!

~ I suggest paperclips. I heard it's fine to use staples, but since it's easier for the people looking at the petition to have loose papers, I suggest the paperclip.. (I honestly didnt put my package together, but I would have done it this way)

*I am sending some photographs of our time together, should they just go inside another baggie like the one the passport style photos go in? Or? (For evidence of meeting recently I am using scans of his boarding passes, his flight itineraries, his airport to my house shuttle confirmation, and some photos. Should this be sufficient?)

~ Again, since I didn't do my own, I think a bag would be fine. I wrote the names of the people in the photo, the place of the photo and when it was taken on the back of the photos. I also had a 4 year relationship before we filed, so I kinda needed to do that to remember what was taken when, haha.

~ All they ask for is proof of meeting in the last 2 years, but I included all my boarding passes(copies) to really show how long we've been together and how many times we've seen eachother to really prove a bonifide relationship.

*I typed up the forms online, and printed them out. Sometimes words were cut off, I assume it's okay to finish the words with black ink by hand?

~ Yes, completely acceptable. Just write as neat as you can.

*Later, when I am doing the affidavit of support... well I was married for 11 years. I was a homemaker for some of those years. I know I need to attach past bank statements and tax returns... does it matter they were joint with him? I only recently opened my own bank account with the action of the divorce which I paid for in October of this year.

I also just started a new job, after not having been employed for a while. It's steady employment, but it's new. I hope this doesn't hurt me... (My ex still supported me financially up until about 6 months ago, while I was looking for work, despite living in his new home with his girlfriend.)

~Not really sure about this one, sorry

*I do not make enough to sponsor my finace. My mother I *think* does make enough. We live in the same house to save money. She does not support me, we each support ourselves. She does not claim me on her taxes. Anywhere I could look up what her income needs to be in this particular case? Does she have to make enough to support herself, my finace and me? Or just the two of them? I'm totally confused by this. The one thing I do know, is that I am very fortunate to have a mom that will help me out and be co-sponsor!

~ Again, not sure on this one either, I'm sure someone who's had joints can help you with that.

Edited December 19, 2009 by Rhiann

[Hugglebuggles 60]

You don't really need to fasten everything together. We just put everything in order and stuck it into a big yellow folder. If you don't feel comfortable doing that, I would just use paper clips. The person reviewing your case will put everything together in the way he/she wants it. When we attended our interview in Montreal we noticed that they had reordered our paperwork and attached everything in a different way.

I just put the pictures in a bag as well then labeled the bag as well as all the pictures (who was in them, where it was taken and the approximate date) For evidence of meeting I think you have more than enough. Sounds great to me!

The affidavit of support isn't required until the consulate stage which is several months into the future for you, but I can understand wanting to plan ahead. All you definitely need to include is the most recent year of tax returns (2008 now, maybe 2009 by the time you have your interview), a letter from your employer and some recent pay stubs showing current and ongoing income. If you did not make enough in the last tax year but are currently making enough then you may be approved, or you may be asked to get a cosponsor. It is fairly discretionary. If you don't feel comfortable with this uncertainty then using a cosponsor may be in your best interest. Your mother could cosponsor you, but she would need to make enough to support herself, you, and your fiance, despite the fact you are able to support yourself. If your mother has any dependent children or a spouse then she would need to include them in the count as well. The poverty level levels for 2009 can be found here: http://aspe.hhs.gov/poverty/09poverty.shtml. Also keep in mind that the consulate will want to see you or your cosponsor making 125% of the poverty line for your household size, although the instructions indicate 100%.

You don't need to include bank statements or any evidence of assets unless you do not meet 125% of the poverty line and use assets to reach that level. There is a fairly complicated formula for doing this.

I hope that all made sense!

[antda 13]

Hi Garnet80,

I have no idea about the k1 stage, but here are the answers to your questions, which I will try and answer to the best of my ability. And no, no questions are stupid at all! Feel free to ask here on vj too!:

My fiance is here visiting me in the USA from Canada, and we are preparing the first packet as much as we can, before he leaves. I am waiting on my divorce court date (after years of separation) which is four days after my fiance returns to Canada. As soon as I can add my divorce paperwork I will get the packet in the mail.

My questions are all pretty stupid, but I'd rather ask now, rather than regret it later!

Also, I have read the guides! I have used the search. I either couldn't find the answer, or just flat out didn't understand it. So my questions are:

*Do I fasten all of these papers together? Or just use like, a folder you would purchase for school? Are staples okay? I just want to get it to them in the right manner. I dont want to send loose papers if this is not how it is done!

-Directly from the USCIS website.......

General Tips on Assembling Applications for Mailing

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.

Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.

Provide both the receipt notice number and the A-Number as an identifier, if they are available.

If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE (RFE), please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.

If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL", etc., should be placed on top of the packet.

In preparing your packet, please take note of the following:

Do not use binders or folders that cannot be easily disassembled.

Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.

The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.

Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.

Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.

If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.

A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.

Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.

Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.

Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do note enter "N/A" when "None" is appropriate.

If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

At the discretion of the officer, original documents may still be required in individual cases. Please be advised that USCIS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.

Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don't know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.

DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when USCIS has specifically requested that a duplicate be filed. In such a case be sure to submit the receipt number of original filing or any copies of notices received from USCIS on the first filing when submitting a duplicate petition or application.

The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom.

Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary's education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may incude evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual's awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization's requirements for membership and any other documentation which would establish the reputation of that organization.

When an opinion from a recognized authority is submitted, the opinion should state: the writer's qualifications as an expert; the writer's experience giving such opinions, citing specific instances where past opinions have been accepted as authoritiative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.

Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.

*I am sending some photographs of our time together, should they just go inside another baggie like the one the passport style photos go in? Or? (For evidence of meeting recently I am using scans of his boarding passes, his flight itineraries, his airport to my house shuttle confirmation, and some photos. Should this be sufficient?)

- Yes, sending in personal joint evidence good idea. For photos, I put them on a blank piece of paper, taped the photos onto the page, and wrote a caption on the bottom of them (for example, New House, August 2009, New York....or something like that....), and them put my page in the ACCO folder that I put my application packages in. As for passport style photos, I put them in a small card holder plastic baggie (I had some extra left over from my husband's football card collection...rofl..), taped that bag to the blank piece of paper, and then put my page in the ACCO foler that I put my application packages in. For trip itineries, tickets, etc. I just made photocopies of those, and put those in the ACCO folder too.

*I typed up the forms online, and printed them out. Sometimes words were cut off, I assume it's okay to finish the words with black ink by hand?

-Sorry, I have no idea about this...Never did any forms online (I was having problems downloading the forms anyways)....But yes, you can write your application by hand in black ink and capital letters, like the instructions said, if all else fails (I did that, and had no problems).

*Later, when I am doing the affidavit of support... well I was married for 11 years. I was a homemaker for some of those years. I know I need to attach past bank statements and tax returns... does it matter they were joint with him? I only recently opened my own bank account with the action of the divorce which I paid for in October of this year.

I also just started a new job, after not having been employed for a while. It's steady employment, but it's new. I hope this doesn't hurt me... (My ex still supported me financially up until about 6 months ago, while I was looking for work, despite living in his new home with his girlfriend.)

-Yes, being a homemaker is fine. Lol..I'm a homemaker/stay-at-home mom myself, and have no problems with that, and neither does immigration. For immigration purposes, attach as much as you can there (bank statements, tax returns, etc.), regardless if they were joint or not. It's ok too, that you have recent employment. And if you can provide some sort of statement about this employment (W-2s, paystubs, work contract, etc.), then that would help too, as they do ask for employment/income information, regardless, if you have such available.

*I do not make enough to sponsor my finace. My mother I *think* does make enough. We live in the same house to save money. She does not support me, we each support ourselves. She does not claim me on her taxes. Anywhere I could look up what her income needs to be in this particular case? Does she have to make enough to support herself, my finace and me? Or just the two of them? I'm totally confused by this. The one thing I do know, is that I am very fortunate to have a mom that will help me out and be co-sponsor!

Unfortunately, for immigration purposes, you will have to meet certain "income guidelines", and if you do not meet these guidelines (as outlined in the I-864p form, for example, for the AOS stage), then you will have to have an additional co-sponsor in your situation too (which I did for my case too, as my husband's income didn't meet those income guidelines at the time). Note that you are the sponsor, despite income, and you will have to fill out an I-864 (for the AOS stage). For the I-864, you as the sponsor have to count everyone in your "household" (sponsor/you+foreign immigrant spouse+whoever else you have in your immediate household). Also, your co-sponsor has to fill out an additional I-864 too (for the AOS stage). For the I-864, your co-sponsor has to count everyone in their "household" too (co-sponsor+foreign immigrant spouse+whoever else they have in their immediate household). I think for the k1 stage, you have to fill out an I-134...not sure about that...(can someone else clarify?)...this is kind of like an I-864 too...and as such, you have to meet certain income requirements for that too. That's great though, that your mom can help you out as a co-sponsor in your situation. Again, you will have to check the income guidelines, to make sure if she qualifies. Hopefully she does and can help you out there...

I think thats it. I'm really hoping to have this 99% ready to mail by the time my fiance goes home in a couple weeks. I think I'm doing pretty well getting it together... just a few of these questions that I can't figure out.

Thanks very much for any assistance!

Hope this helps and that you can figure this out in time. Good luck with the rest of your journey too.

Ant

Edited December 19, 2009 by Ant+D+A

[garnet80 1]

Thanks so much for all of the help. Everything has been coming together great, far as I can tell. Will even finish the packet (minus divorce paper) tonight!

One final question though. Would someone be kind enough to help double check for me...

I already know that I don't make enough to sponsor my fiance. Not on any planet lol. I am below poverty line just for myself.

My mom makes right about $30,000 a year. She only supports herself. Inside the household are me, and her (has no other kids, no spouse, no other anythings). So as you guys have told me, she has to make enough for me, herself, and my fiance, making 3 people total. What it looks like to me, is that she needs to make around $22k a year to qualify on income alone, so we are in the clear. Is that correct?

I am just asking before we start... I want to be sure I understood, did the math right, etc. I am not confident in what I came up with, so I would hugely be grateful for someone to double check.

Thank you guys again.

[Kathryn41 3,205]

Thanks so much for all of the help. Everything has been coming together great, far as I can tell. Will even finish the packet (minus divorce paper) tonight!

One final question though. Would someone be kind enough to help double check for me...

I already know that I don't make enough to sponsor my fiance. Not on any planet lol. I am below poverty line just for myself.

My mom makes right about $30,000 a year. She only supports herself. Inside the household are me, and her (has no other kids, no spouse, no other anythings). So as you guys have told me, she has to make enough for me, herself, and my fiance, making 3 people total. What it looks like to me, is that she needs to make around $22k a year to qualify on income alone, so we are in the clear. Is that correct?

I am just asking before we start... I want to be sure I understood, did the math right, etc. I am not confident in what I came up with, so I would hugely be grateful for someone to double check.

Thank you guys again.

Yes, the current poverty guidelines (in effect until Spring, 2010) have $22,887 as the 125% requirement for 3 people for all of the US States and Territories except for Alaska and Hawaii, which are higher. If your Mom makes around $30,000 and is going to be your co-sponsor, you should be fine. You will still be the main sponsor even though your income isn't high enough.

Here is a link to the exact information: http://www.uscis.gov/ilink/docView/SLB/DAT...ECTS/I_864P.pdf

Edited December 20, 2009 by Kathryn41

[garnet80 1]

Thank you very much.

[garnet80 1]

I came up with one more as I was looking things over.

My fiance and I both filled out a G-325A Biographic Info paper. On the bottom, it says "Applicant: print your name and alien registration number in the box outlined by the heavy border below."

Do we each give our own name in this box? The term "applicant" is confusing me...

Sorry for all of the questions. I think this is it for a while!

[trailmix 77]

Hi,

Yes, you each give your own names