Just Wondering...

[Peace.... 281]

My question is... I filed the I-129 fiance(e) form, but the one thing that keeps bothering me is that at the moment I do not work. I realize that I will have to show some income when asked. I was married for 12 years and was legally separated for 2 of those years and our divorce was final on December 2009. I receive child support and almony at $44,000 a year which just started in January 2010. I was a stay home mom for the last 12 years and did some part time work at her school and at a bakery. I do not have much to show as far as work history and taxable income because my ex-husband made all the money and supported me to be a stay home mom. However, what I do have now is a income of $44,000 and a nice 401K package that I got half of from my divorce this is in the (hundred of thousands of dollars), and I have saved over $25,000 in my savings account. Will they look at this as not being under the poverty level since I don't work yet??? and will they use this money that I have all together as an income?? This is the most bothering question, because I know they are gonna drill him on his interview about me not working even thou I have the money to support him the three months he enters into the states. So what do ya think....

[LIFE'SJOURNEY 970]

Won't you only have child support to serve as income, because the almony will stop when you re-marry. Also, you cannot look at it as if you would only need to show finanical support for three months. There is no guarantees that a job will materialize in 3 months. I am quite aware that there is more information that you haven't share in your post, but I wanted you to see some of the questions that the CO will have.

[Peace.... 281]

Won't you only have child support to serve as income, because the almony will stop when you re-marry. Also, you cannot look at it as if you would only need to show finanical support for three months. There is no guarantees that a job will materialize in 3 months. I am quite aware that there is more information that you haven't share in your post, but I wanted you to see some of the questions that the CO will have.

[Peace.... 281]

Thanks for your reply, I do know that the almony will stop working once we are married. However, most likely his interview will not be until the end of the year closer to October or November. I am currently planning on going back to college in medical field. My goal is to be working after summer is over and my daughter goes back to school. It's hard just being divorce and getting back into the working world. It's kinda funny thou, my ex-husband said if there is a problem with my financial situation he would have no problem being the co-sponsor. I wonder how the consulate would see that being he is my ex and all.

[LIFE'SJOURNEY 970]

You will need a co-sponor, so I would start talking about this process to someone.

[Peace.... 281]

Oh yeah, as far as reading some of the questions that the CO would ask, I did go under reviews:Embassy and chose Morocco and look at every single post they had and reviewed all the questions. I know that the interview process is the by far the hardest and probably will determine if he receives his Visa, but I do know from reading other blogs, that in Morocco during the interview, some say they do not even look at the status of income, they just want the questions to be answered and verify that we have had an ongoing relationship in the last two years, which I have proven with 5 trips to Morocco for 2-3 weeks stays each time and daily phone logs here in the states and pictures. So with all hopes, we shall see what happens.

You will need a co-sponor, so I would start talking about this process to someone.

[Peace.... 281]

But the one thing that stays on my mind, is that when I went to the local office here in Cincinnati to get some forms, I asked her about my status income and she is one of the interviewer's here. She said to me, almony is considered an income and you will be fine. All they need to see is that I am stable financially and not within poverty level. Even my child support for the next 6 years is beyond what they need for income without the almony.

[LIFE'SJOURNEY 970]

Darlene, but she is not the interviewer in Morocco where he will be interviwed. The statement that almony is considered income is true, but for the purpose of the CO in Morocco in granting your SO a visa based on alimony income that will ceased upon marriage maybe looked upon different. In order to consider Chilsupport as income you must show that the childsupport payment have been consistent and it will continual for a duration.

If your child support amount alone is enough to cover for a family of ?, since you didn't indicate how many people this income is presently supporting, then you can claim that as income. But don't be surprise if the Morocco Embassy ask for a co-sponsor.

[Peace.... 281]

Darlene, but she is not the interviewer in Morocco where he will be interviwed. The statement that almony is considered income is true, but for the purpose of the CO in Morocco in granting your SO a visa based on alimony income that will ceased upon marriage maybe looked upon different. In order to consider Chilsupport as income you must show that the childsupport payment have been consistent and it will continual for a duration.

If your child support amount alone is enough to cover for a family of ?, since you didn't indicate how many people this income is presently supporting, then you can claim that as income. But don't be surprise if the Morocco Embassy ask for a co-sponsor.

[Peace.... 281]

As far at the income, the child support is for one child. There are is only myself and my daughter in a household. I believe that poverty level is to be around 18,000 or so. And under law, I will receive child support until she is 18 years old and she just turned 12. I was looking at the financial requirements and it says one of few things. Show last three years of income tax forms, or a financial report from your bank lender, (checking and savings account, 401K accounts, property, etc.) From what I read from others who have made it without showing tax froms, is that you have enough money (proof) that the person will not be a burden.

Well if it comes down to it, like I said my ex-husband who is now a great friend will be his co-sponsor if necessary. His income is by far over the set standards for over 17 years with same company.

[JimVaPhuong 4,863]

As far at the income, the child support is for one child. There are is only myself and my daughter in a household. I believe that poverty level is to be around 18,000 or so. And under law, I will receive child support until she is 18 years old and she just turned 12. I was looking at the financial requirements and it says one of few things. Show last three years of income tax forms, or a financial report from your bank lender, (checking and savings account, 401K accounts, property, etc.) From what I read from others who have made it without showing tax froms, is that you have enough money (proof) that the person will not be a burden.

Well if it comes down to it, like I said my ex-husband who is now a great friend will be his co-sponsor if necessary. His income is by far over the set standards for over 17 years with same company.

The consulate has discretion and latitude when it comes to making the public charge determination for a K1. There are no strict guidelines about what evidence is required, nor what income/asset threshold you need to meet. Generally speaking, however, consulates tend to follow the guidelines and income/asset thresholds for the I-864 affidavit of support, which you'll be submitting later with the green card application. They will want to know if you will qualify when it comes time to submit the I-864. If not, they want to know if you will have a co-sponsor who qualifies.

First, the amount you quoted is incorrect. You have a dependent child. Your household size for the time being will be three; yourself, your daughter, and your fiance. The minimum income will be just under $23,000.

By the time you submit the I-864 you will be married to your fiance. Because you will have remarried, that will be the end of your alimony. The consulate knows this, so it's highly unlikely they'll consider that income in determining if you qualify.

The child support can be considered, but the consulate will decide how much weight to give it. The child support could end in as little as 6 years, but your commitment to the US government could potentially last the rest of your life. If your new husband never becomes a US citizen, never loses his LPR status, and never manages to accumulate 40 quarters of Social Security work credits, then you're on the hook. Still, let's presume they accept the child support.

Is the child support enough, by itself, to qualify you? If not, you'd need assets to make up the difference if you are to be accepted as the sole sponsor. The assets need to be worth 3X the shortfall in income. In other words, if you get $1000 per month in child support, then you'd be short about $11,000. That means you'd need $33,000 in assets. You have $25,000 in the bank, so you'd need a further $8,000. Your 401(k) would definitely cover that, but you'd have to look at the terms of the 401(k) account to determine if it's a qualified asset for the purpose of the affidavit. The affidavit requires that you can convert the asset to cash within 12 months. Can you cash out your 401(k) anytime you want, or do you have to wait until you reach a minimum age or have a financial hardship? The affidavit also requires that the asset can be liquidated without undue hardship or financial loss on the sponsor. If you have to pay onerous penalties to cash out the 401(k) then they would likely consider that to be a financial loss. In other words, it's possible they may consider the 401(k) to be untouchable for the purpose of the affidavit.

Play it safe and get a co-sponsor. If I was your ex-husband, I'd jump at the chance to co-sponsor for you. $44,000 in alimony - YIKES!

[Peace.... 281]

The consulate has discretion and latitude when it comes to making the public charge determination for a K1. There are no strict guidelines about what evidence is required, nor what income/asset threshold you need to meet. Generally speaking, however, consulates tend to follow the guidelines and income/asset thresholds for the I-864 affidavit of support, which you'll be submitting later with the green card application. They will want to know if you will qualify when it comes time to submit the I-864. If not, they want to know if you will have a co-sponsor who qualifies.

First, the amount you quoted is incorrect. You have a dependent child. Your household size for the time being will be three; yourself, your daughter, and your fiance. The minimum income will be just under $23,000.

By the time you submit the I-864 you will be married to your fiance. Because you will have remarried, that will be the end of your alimony. The consulate knows this, so it's highly unlikely they'll consider that income in determining if you qualify.

The child support can be considered, but the consulate will decide how much weight to give it. The child support could end in as little as 6 years, but your commitment to the US government could potentially last the rest of your life. If your new husband never becomes a US citizen, never loses his LPR status, and never manages to accumulate 40 quarters of Social Security work credits, then you're on the hook. Still, let's presume they accept the child support.

Is the child support enough, by itself, to qualify you? If not, you'd need assets to make up the difference if you are to be accepted as the sole sponsor. The assets need to be worth 3X the shortfall in income. In other words, if you get $1000 per month in child support, then you'd be short about $11,000. That means you'd need $33,000 in assets. You have $25,000 in the bank, so you'd need a further $8,000. Your 401(k) would definitely cover that, but you'd have to look at the terms of the 401(k) account to determine if it's a qualified asset for the purpose of the affidavit. The affidavit requires that you can convert the asset to cash within 12 months. Can you cash out your 401(k) anytime you want, or do you have to wait until you reach a minimum age or have a financial hardship? The affidavit also requires that the asset can be liquidated without undue hardship or financial loss on the sponsor. If you have to pay onerous penalties to cash out the 401(k) then they would likely consider that to be a financial loss. In other words, it's possible they may consider the 401(k) to be untouchable for the purpose of the affidavit.

Play it safe and get a co-sponsor. If I was your ex-husband, I'd jump at the chance to co-sponsor for you. $44,000 in alimony - YIKES!

[Peace.... 281]

JimVaPhuong, thanks so much for your reply. I see what you mean by having three independents now. As far as the 401K plan yes I can cash it out with only federal and state penalties. I received this under the divorce laws and filed a Quadro which means I don't have to pay further penalties. So even, if I decided to cash it out, I will still end up with a six figure amount. By the time we are married, I would assume to be working with intent to be working soon. It has just been too soon to start looking for a job since I just moved out of my original home and into a new one. I have spent more than 20,000 dollars in the last year and a half traveling to Morocco in hotel, car, plane, apt rentals, food, etc., but one thing for sure, until this journey is over, I will continue to make great effort in keeping this relationship happy by seeing him as often as I can. I wonder if others are in the same boat as I am when it comes to this financial burden that weights on my mind daily.

[SweetHome_Alabama 5]

JimVaPhuong, thanks so much for your reply. I see what you mean by having three independents now. As far as the 401K plan yes I can cash it out with only federal and state penalties. I received this under the divorce laws and filed a Quadro which means I don't have to pay further penalties. So even, if I decided to cash it out, I will still end up with a six figure amount. By the time we are married, I would assume to be working with intent to be working soon. It has just been too soon to start looking for a job since I just moved out of my original home and into a new one. I have spent more than 20,000 dollars in the last year and a half traveling to Morocco in hotel, car, plane, apt rentals, food, etc., but one thing for sure, until this journey is over, I will continue to make great effort in keeping this relationship happy by seeing him as often as I can. I wonder if others are in the same boat as I am when it comes to this financial burden that weights on my mind daily.

Darlene, I made only about $44,000-50,000 a year with some overtime and award money figured in from my current employer. I have been to see my husband twice... once about 9 months after we started talking and another trip about 4 months later....and now the month of April 2010, marked a year since I have seen my husband in person (14 months- spent our 1 year anniversary APART!)...yes it is a sacrifice and a financial burden, and we all wish to see our husbands/fiance's often as we can,(every 3-4 months would be NICE) but sometimes we have to both have common sense and LOGIC and LOTS of patience to know that spending all this money traveling back and forth should not just be the financial burden of the wife...sounds like you are paying it all on your own.....You are just starting your process, but lucky for you...you are filing the Fiance visa which may get him here sooner "IF" consulate approves him.... Lucky for you, you have a large sum in 401K settlement from the Ex...My question would be as a CO...why would you consider using child support money and possibly take from her to sponser your fiance? Would this open the CO to ask him more questions? I know your daughter is only 12...I have a 13 and 15 year old daughter and a 24 year old son & I can tell you even with my OWN EARNED money my kids have at times resented me spending the little I have spent to get my husband here. Kids have a different mind when it comes to love. Yes they accept him and is ok with him coming but still there are lots of unanswered and unasked questions on their part and jealousies of what he may be taking that they feel should be theirs. I have fought lots of battles for our love to stay in tact.....if your fiance loves you which I am sure he does...(you appear to be a beautiful woman and I am sure kind-hearted too from reading about your spending)...your fiance should understand and also should encourage you to travel less so you can save what money you do have until you are more settled in with your future and finding a job. I would think find a sponser too would be easier.

My other question would be...why does it seem less is pushed on Fiance visa's with the affidavit of support from reading here like it is a mere option but yet on the Cr-1's we are FORCED to sign or a chance he gets denied?? I don't understand why it seems one is less important than the other when no matter HOW he gets here he can still be a government burden and they should be treated equally. Am I misunderstanding the AOS? I read and felt like it was no option and that is why we had to pay for the AOS fee bill BEFORE we could proceed to the next step and documents at NVC.

Darlene, I hope you get this all figured out. Talk to the fiance and Darlene, sacrificing NOT seeing him in person DOES NOT mean you love him any less. He will understand and if not, he is not worth having (just my opinion). Your daughter and her welfare should be his main concern and not how many times you can make it to Morocco. (why is he letting you pay for everything?) $20,000 is ALOT of money on trips to not share in the expenses. Maybe you can afford it but I know I can not on $44,000-50,000 year with kids to care for. You are lucky,lol. My EX refuses to pay any child support for his children.

[Peace.... 281]

Darlene, I made only about $44,000-50,000 a year with some overtime and award money figured in from my current employer. I have been to see my husband twice... once about 9 months after we started talking and another trip about 4 months later....and now the month of April 2010, marked a year since I have seen my husband in person (14 months- spent our 1 year anniversary APART!)...yes it is a sacrifice and a financial burden, and we all wish to see our husbands/fiance's often as we can,(every 3-4 months would be NICE) but sometimes we have to both have common sense and LOGIC and LOTS of patience to know that spending all this money traveling back and forth should not just be the financial burden of the wife...sounds like you are paying it all on your own.....You are just starting your process, but lucky for you...you are filing the Fiance visa which may get him here sooner "IF" consulate approves him.... Lucky for you, you have a large sum in 401K settlement from the Ex...My question would be as a CO...why would you consider using child support money and possibly take from her to sponser your fiance? Would this open the CO to ask him more questions? I know your daughter is only 12...I have a 13 and 15 year old daughter and a 24 year old son & I can tell you even with my OWN EARNED money my kids have at times resented me spending the little I have spent to get my husband here. Kids have a different mind when it comes to love. Yes they accept him and is ok with him coming but still there are lots of unanswered and unasked questions on their part and jealousies of what he may be taking that they feel should be theirs. I have fought lots of battles for our love to stay in tact.....if your fiance loves you which I am sure he does...(you appear to be a beautiful woman and I am sure kind-hearted too from reading about your spending)...your fiance should understand and also should encourage you to travel less so you can save what money you do have until you are more settled in with your future and finding a job. I would think find a sponser too would be easier.

My other question would be...why does it seem less is pushed on Fiance visa's with the affidavit of support from reading here like it is a mere option but yet on the Cr-1's we are FORCED to sign or a chance he gets denied?? I don't understand why it seems one is less important than the other when no matter HOW he gets here he can still be a government burden and they should be treated equally. Am I misunderstanding the AOS? I read and felt like it was no option and that is why we had to pay for the AOS fee bill BEFORE we could proceed to the next step and documents at NVC.

Darlene, I hope you get this all figured out. Talk to the fiance and Darlene, sacrificing NOT seeing him in person DOES NOT mean you love him any less. He will understand and if not, he is not worth having (just my opinion). Your daughter and her welfare should be his main concern and not how many times you can make it to Morocco. (why is he letting you pay for everything?) $20,000 is ALOT of money on trips to not share in the expenses. Maybe you can afford it but I know I can not on $44,000-50,000 year with kids to care for. You are lucky,lol. My EX refuses to pay any child support for his children.