Just Wondering...

[JimVaPhuong 4,863]

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.

You usually have a one-time shot at getting a penalty free distribution from a 401(k) through a QDRO. If you don't exercise that option within the time frame they give you, then any cash out after that would carry the standard 10% penalty, unless you're 59 1/2 years old. Of course, you'd have to pay income taxes on the distributions, but taxes are not considered to be a financial hardship. If you exercised your QDRO option by moving the funds into another retirement account (which would avoid the taxes) then you usually can't go back and withdraw those funds without paying the 10% penalty.

Casa is a difficult consulate. I strongly suggest you spend a lot of time in the MENA regional forum and read up about other people's cases there.

[Peace.... 281]

Hi Lisa., funny your husband's name is Mohammed, cause that is the name of my sweetie as well LOL...I guess some are wondering about just how often I travel to Morocco and all the money that I spent. Well truthfully, I didn't pay for the first year of my traveling to see Mohammed in Casablanca my ex-husband now but then my husband at the time paid for it all. We were separated and living separate lives but he still gave me money to do as I wanted. This last visit in May of 2010, I started paying for the cost of the trip. Also, I have my own money in trust funds that I use from my late mother. Now, you did bring up a great question regarding child support. This is why I joined this group because it gives me questions that I may not think of. I was going to just use this child support as income which they need not for his support, I have enough money in trust funds, savings, etc. to take care of us and actually, But hopefully, by the time Mohammed gets here, I will surely be working and have things under control when it comes to money. Thanks for your great input, I will keep that in mind and talk about that with Mohammed just in case this CO asks about that.

[Peace.... 281]

You usually have a one-time shot at getting a penalty free distribution from a 401(k) through a QDRO. If you don't exercise that option within the time frame they give you, then any cash out after that would carry the standard 10% penalty, unless you're 59 1/2 years old. Of course, you'd have to pay income taxes on the distributions, but taxes are not considered to be a financial hardship. If you exercised your QDRO option by moving the funds into another retirement account (which would avoid the taxes) then you usually can't go back and withdraw those funds without paying the 10% penalty.

Casa is a difficult consulate. I strongly suggest you spend a lot of time in the MENA regional forum and read up about other people's cases there.

[JimVaPhuong 4,863]

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.

Yes, you are misunderstanding the affidavits. They do not "push less" on fiance visa sponsors and beneficiaries. The sponsor of a K1 visa does not have to sign a binding contract because the beneficiary is not an immigrant, at least not yet. When they come to the US, they still have one critically important step they must take before they are eligible to become an immigrant and get a green card - they have to marry the US citizen petitioner. Once they've done that, then they are eligible to apply for a green card, and the same affidavit has to be submitted that a CR1 sponsor submits before the visa is issued.

Consulates almost NEVER issue a fiancee visa when the sponsor cannot meet the I-864 requirements. A consular officer is also free to deny a K1 beneficiary on the "public charge" grounds, even if they've got a sponsor who qualifies according to the I-864 standards. They can also refuse to accept a co-sponsor for a K1 beneficiary, even though the I-864 clearly allows it. They generally refuse to allow household members of a sponsor to join income with a sponsor for a K1, even though this can be done with the I-864. They also generally refuse to allow a different co-sponsor for each beneficiary (in the event there are derivative beneficiaries, like K2's), even though the I-864 allows this.

In short, you have clear guidelines to meet with the I-864, and a variety of joint sponsor options, whereas a K1 sponsor is at the mercy of a consular officer whose requirements usually only begin with the I-864 minimum income requirements.

[LIFE'SJOURNEY 970]

What is the connect between your ex-husband and your future husband. There seems to be some kind of connection between the 3 of you and this is going to come up in the interview.

[Peace.... 281]

I understand what you are saying about the fees, but since this was not my money and I did not work and put the money into the 401K plan, it was awarded to me under a "domestic court award" which means once I file the Qdro pay the $450.00 filing fee, the 10% fee that you speak of is declined. Anyway, once the 401K money was moved into my name, I decided to move the stocks into a stable value market at of today, because i lost almost 20,000 in stocks a few weeks back. Prudential said that I could move this money into a IRA and take money as needed and only be charged state and federal for as long as the money is there and it would draw only 3.4% a year. I received all paper work and this is by far the best choice for me, cause I don't want to lose any more money playing the stocks.

[Gary and Alla 3,694]

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....

You need a source of income. Not a job and not taxable income. BOTH alimony and child support count as income provided they are court ordered, you attach a copy of the court order, and proof af payment. You will also attach a copy of last year's tax return that will not show this income. So what? They go by current income and you have enough.

You can also qualify with assets but your income is sufficient.

[Peace.... 281]

What is the connect between your ex-husband and your future husband. There seems to be some kind of connection between the 3 of you and this is going to come up in the interview.

[Peace.... 281]

Well the connection is that I have had this relationship with Mohammed now for 19 months and my ex-husband just wants me to be happy and will do this co-sponsor if necessary. Me and my ex-husband were more like room mates for the last 10 years of our lives but we did the right thing and stayed together and raised our daughter to be who she is today. When skyping online, my ex says hello to Mohammed when he sees me online, and most likely they will be best buds too. Just because two people divorce, does it mean we have to hate each other?

[Peace.... 281]

You need a source of income. Not a job and not taxable income. BOTH alimony and child support count as income provided they are court ordered, you attach a copy of the court order, and proof af payment. You will also attach a copy of last year's tax return that will not show this income. So what? They go by current income and you have enough.

You can also qualify with assets but your income is sufficient.

[Peace.... 281]

OMG, you are the first light of hope that someone has written to me. I too thought that almony and child support was enough as well as my liquid assets in the bank and trust funds. And yes, it was court ordered. So, what about this co-sponsor thingy, do you think my ex husband will be allowed to do this. Does it really matter who co-sponsor's, lol, they will probably say this guy is over qualified, just my luck.

thank you and look forward to hearing from you again.

[LIFE'SJOURNEY 970]

You need a source of income. Not a job and not taxable income. BOTH alimony and child support count as income provided they are court ordered, you attach a copy of the court order, and proof af payment. You will also attach a copy of last year's tax return that will not show this income. So what?

They go by current income and you have enough.

You can also qualify with assets but your income is sufficient.

Gary, you might be wrong on this for this consular. Alimony can not be considered, because it will end when the recipient re-marry unless the divorce creed says otherwise. But the OP have stated futher down in her posting that she has a trust fund to work with so now the alimony maybe a mute point. Therefore if that is true, then yes she may be able to qualify on her own merits.

To the OP, I don't think it's the income that have you posting, it seems as if there is something else that may be of concern to you. My question was asked because if the 3 of you are from the same country and if there is some type of family connection then will be come up for discussion in the interview.

Edited June 7, 2010 by LIFE'SJOURNEY

[Peace.... 281]

Gary, you might be wrong on this for this consular. Alimony can not be considered, because it will end when the recipient re-marry unless the divorce creed says otherwise. But the OP have stated futher down in her posting that she has a trust fund to work with so now the alimony maybe a mute point. Therefore if that is true, then yes she may be able to qualify on her own merits.

To the OP, I don't think it's the income that have you posting, it seems as if there is something else that may be of concern to you. My question was asked because if the 3 of you are from the same country and if there is some type of family connection then will be come up for discussion in the interview.

[Peace.... 281]

Okay let me make this clear., I am from the U.S., My EX is from the U.S. and Mohammed is from Casablanca, Morocco. I am totally lost with your question regarding:

your quote:

To the OP, I don't think it's the income that have you posting, it seems as if there is something else that may be of concern to you. My question was asked because if the 3 of you are from the same country and if there is some type of family connection then will be come up for discussion in the interview.

What else do you find that is concerning to me???? I just wanted to know if my income was suitable and now I am being questioned about a family connection. Are you even reading any other postings that are being placed on my page? Other people seem to get what I am trying to ask but for some reason you keep going back to what is the connection with my ex? There is NO connection., we are not family LMBO

[LIFE'SJOURNEY 970]

Okay, then if you already knew you had a trust fund to work with, why are you concern about not meeting the income level? The I-134 states you can use income or assests, and it seems as if you already knew you had assest to work with.

Okay I am clear on the relationship question.

Edited June 7, 2010 by LIFE'SJOURNEY