Not making enough money :(

[Amy-Rose 0]

Hey everyone!

I'm just going to keep this short and to the point unless otherwise asked. I am from Canada and I'm engaged to a man from Virginia. We have all the proof in the world that the relationship is true; we've been dating for 4 years and see each other at least 3 months a year if not more! Anyways, the only thing stopping us from filing a K1 Visa is that he doesn't make 125% above poverty line. His parents approve of the marriage, but are not willing to sign due to liability reasons. He is a full time student working 2 part time jobs at $8.00/hour. He really is trying hard, but is there another way around this? I don't know what to ask... just is there something we can do so that we can be with each other? Otherwise, we won't be able to get married for another 6 years (when he's done with school, finds a job, applies for application, waiting period, approval, etc.).

Please help, I really appreciate it.

~ Amy-Rose

[decocker 7,198]

i would work on his parents. if they approve of the marriage and trust the two of you are legit, than there is no liability. the only way they would be held accountable for you is if you took off and started collecting food stamps or something..

its just the two of you, right? 18,212 a year is a pretty low figure compared to the actual cost of living..

does he have any other relatives or friends that make enough?

[edp333 9]

The answer is no. Whether you are applying for a K1, K3, or CR1 visa the Affidavit of Support is still 125% of the poverty level.

The co-sponsor doesn't have to be a relative so maybe this will open up some avenues for you two.

[marriedtomrg 141]

Just to borrow what some of our veteran members have been saying, K3 is no longer a viable option.

Even if it was still available, your obstacle is still meeting 125% of the poverty guidelines. The only difference is that you will both be married (plus or minus certain documentation that applies in the K1 visa process, but not the K3 visa process).

Your only other option is CR1, which is a permanent resident visa for the spouse of a U.S. citizen (K1 visa is only a temporary resident visa, and you would have to adjust status after you guys get married in the U.S.) Again, your only deterrent is the income requirement.

There are 2 ways of applying for CR1. You may want to consult the VJ Guides for this, so you know what to expect.

http://www.visajourney.com/content/guides

You may also want to post your question on the Canada regional discussion board to get some inputs from Canadian VJ members.

Hey everyone!

I'm just going to keep this short and to the point unless otherwise asked. I am from Canada and I'm engaged to a man from Virginia. We have all the proof in the world that the relationship is true; we've been dating for 4 years and see each other at least 3 months a year if not more! Anyways, the only thing stopping us from filing a K1 Visa is that he doesn't make 125% above poverty line. His parents approve of the marriage, but are not willing to sign due to liability reasons. He is a full time student working 2 part time jobs at $8.00/hour. He really is trying hard, but is there another way around this? I don't know what to ask... just is there something we can do so that we can be with each other? Otherwise, we won't be able to get married for another 6 years (when he's done with school, finds a job, applies for application, waiting period, approval, etc.).

If I filed for a K3 Visa, would it be any different?

Please help, I really appreciate it.

~ Amy-Rose

[Saddle Bronc 124]

Hey everyone!

I'm just going to keep this short and to the point unless otherwise asked. I am from Canada and I'm engaged to a man from Virginia. We have all the proof in the world that the relationship is true; we've been dating for 4 years and see each other at least 3 months a year if not more! Anyways, the only thing stopping us from filing a K1 Visa is that he doesn't make 125% above poverty line. His parents approve of the marriage, but are not willing to sign due to liability reasons. He is a full time student working 2 part time jobs at $8.00/hour. He really is trying hard, but is there another way around this? I don't know what to ask... just is there something we can do so that we can be with each other? Otherwise, we won't be able to get married for another 6 years (when he's done with school, finds a job, applies for application, waiting period, approval, etc.).

If I filed for a K3 Visa, would it be any different?

Please help, I really appreciate it.

~ Amy-Rose

What are your quals and your profession, Amy?

Another possibility may be for you to apply for a job in VA, get a TN-1 for it--and then move down to VA, get married (in US, not Canada) and file AOS full-packet (I-485/I-131/I-765).

[VanessaTony 3,567]

What are your quals and your profession, Amy?

Another possibility may be for you to apply for a job in VA, get a TN-1 for it--and then move down to VA, get married (in US, not Canada) and file AOS full-packet (I-485/I-131/I-765).

Her fiance would still need to meet the income requirements when they filed AOS. Or do you mean TN-1 until he finishes in 6 years?

Another option would be to get a student visa or something, bearing in mind the costs there.

Basically co-sponsor if you want a greencard (unless he has assets that will fill the void). Doesn't need to be a family member. Yes the obligations are large but your fiance would also be a sponsor, the family member/friend would be a joint-sponsor.

Edited October 1, 2010 by Vanessa&Tony

[Saddle Bronc 124]

Her fiance would still need to meet the income requirements when they filed AOS. Or do you mean TN-1 until he finishes in 6 years?

Does her fiance's income ALONE have to exceed it, or can combined income be used?

Another option would be to get a student visa or something, bearing in mind the costs there.

Which opens up the precise reverse option, of him getting a student visa to Canada (rates lots cheaper than US, even for total non-resident).

Basically co-sponsor if you want a greencard (unless he has assets that will fill the void). Doesn't need to be a family member. Yes the obligations are large but your fiance would also be a sponsor, the family member/friend would be a joint-sponsor.

[Penguin_ie 5,993]

I think a co-sponsor (can be further family or a friend or co-worker) would be best. Alternatively, what are your financial circumstances? If you were to file for a CR-1 visa, the foreign spouse's asset can be taken into account, so if you have savings, property etc, that would count.

[JoannaV 174]

Her fiance would still need to meet the income requirements when they filed AOS. Or do you mean TN-1 until he finishes in 6 years?

If she was able to get a visa to work in the US, then her income could be used together with his as it would continue after she became a permanent resident.

A co-sponsor is the best way to go. Alternatively, if you are able to save up a significant amount of money in Canada that could be counted towards assets and help.

[ghanagal 2]

I hope it works out for you. Can't he find someone else to co sign?

[VanessaTony 3,567]

Does her fiance's income ALONE have to exceed it, or can combined income be used?

If he lives with someone and gets that person to complete an i-864A then he can combine his income with that persons.

If he gets a joint-sponsor to complete an i-864 (they don't live with him) then the co-sponsors income must alone meet the 125% requirement for their household size.

Edited October 1, 2010 by Vanessa&Tony

[Saddle Bronc 124]

If he lives with someone and gets that person to complete an i-864A then he can combine his income with that persons.

If he gets a joint-sponsor to complete an i-864 (they don't live with him) then the co-sponsors income must alone meet the 125% requirement for their household size.

I'll rephrase the question--can her income (from the TN-1 job) be used in the combination?

[VanessaTony 3,567]

I'll rephrase the question--can her income (from the TN-1 job) be used in the combination?

It should. There's a section in the I-864 instructions that explains how a beneficiary would need to prove that the income would be continuing and some other things.

[Fandango 1,439]

Is there any way he could find a better job? Not making the poverty level is going to be incredibly difficult to survive, aside from USCIS standards....but if you can't work (which you won't be able to right away), how are you two going to support yourselves? Yes, there's a problem with finding a way to meet the gov's guidelines, but what about after that?

Good luck!

[Saddle Bronc 124]

It should. There's a section in the I-864 instructions that explains how a beneficiary would need to prove that the income would be continuing and some other things.

In that case, the offer (or renewal) letter used for getting the TN-1 in the first place (I had two original-issue and three renewal-by-mail TN-1's¹--the letters have to show the employee's salary, and the planned duration of the job^2,3).

1. two of which were due to my chop**** attorney's misfiling my case as EB-3 rather than EB-2 (which caused a two year time of "hurry-up-and-wait" when I could not do final-stage filing)
2. up to 3 years (since Oct 2008, limit on TN-1 term), prior to that (such as my own 1994-1999) 1 year
3. there is a stack of rules the offer or renewal letter has to follow to be correct in USCIS' eyes

Edited October 1, 2010 by Saddle Bronc