I864 and using beneficiary's finances

[celtic59 0]

I am very confused and the visa interview is coming up soon. My husband and I attempted the visa via adjustment of status in 2005, we couldn't do it as he had insufficient years of earnings as he had retrained to be a teacher and so had student years,even though he then was employed and would be the following year. I however owned property in the UK, the visa officer guy said that could be counted but I had to go back,sell it and put the money in a US account within 90 days, as well as apply for permission to get back into the country, in other words, impossible. So we gave up, came to UK for a year,he then went back at start of teaching year Aug 2007,we restarted the application March 2007(yes still waiting)I sold the property and have the funds in a UK account at the moment. Now his job is almost ended, he had a one year contract in a school, he is applying for other jobs. He has been contacted by visa folk and told they are still confused about his paying of taxes matching his stated income, of course they are different as the tax year is different to school year and he only worked one year in US and did some supply work in UK before that. My question is,does he need to have a job even if I have funds in a bank account in order for me to get visa? If he gets a job will I still get a visa or will they still insist on a co-sponsor, even though last time they said I needed either a co-sponsor OR to sell my prop erty?

[YuAndDan 153]

Are you adjusting status or applying for another visa?

If adjusting status from a K-3, if the K-3 holder applied for and has EAD, and a JOB in the USA the beneficiary (K-3 holder) can file I-864A (Contract between household member and sponsor) along with Petitioner's I-864.

Funds in US Bank must equal 3 times 125% poverty line in order to NOT have a job and rely on assets alone. USCIS is mostly concerned with income.

[celtic59 0]

Are you adjusting status or applying for another visa?

If adjusting status from a K-3, if the K-3 holder applied for and has EAD, and a JOB in the USA the beneficiary (K-3 holder) can file I-864A (Contract between household member and sponsor) along with Petitioner's I-864.

Funds in US Bank must equal 3 times 125% poverty line in order to NOT have a job and rely on assets alone. USCIS is mostly concerned with income.

I am applying for a visa as I am now in the U.K.,so not adjusting status,so what does that mean?

[YuAndDan 153]

Are you adjusting status or applying for another visa?

If adjusting status from a K-3, if the K-3 holder applied for and has EAD, and a JOB in the USA the beneficiary (K-3 holder) can file I-864A (Contract between household member and sponsor) along with Petitioner's I-864.

Funds in US Bank must equal 3 times 125% poverty line in order to NOT have a job and rely on assets alone. USCIS is mostly concerned with income.

I am applying for a visa as I am now in the U.K.,so not adjusting status,so what does that mean?

Is this another K-3 visa or are you doing IR-1 visa?

If K-3 you will be using I-134, and the embassy in London will allow beneficiary to use their resources.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

If IR-1 you will be using I-864.

[celtic59 0]

I didn't know there was a difference, at the start of this dreaded process my hsband was living and working in UK.March 2007. In August 2007 he left for the US to work,thinking I'd be there before Christmas, in the end he had to come over for that, I then went back for a 3 month visit to wait for the interview. Back now in UK as visitor visa ran out.

I first of all completed a I130 form and therafter filled in whatever I was sent, I was sent I864 and DS230. They are still faffing with I864, have already asked about it last November and I explained why tax year and school year don't balance as that is what I was told to do when I called,so we thought it was all sorted,he has just had another letter from them asking him to redo I864 and to send to me, not back to visa folk as I am shortly going to be contacted re the interview, that was about 2 weeks ago. His job runs out end of May but will be paid till August as it was a teaching post and he is paid for the holidays.So we still don't knwo even if he finds a job before the interview if I will be allowed to use my funds and so get a visa, we are now about to start the UK visa process, much quicker and we are running out of patience and only have a few months until yet another school year starts.

Are you adjusting status or applying for another visa?

If adjusting status from a K-3, if the K-3 holder applied for and has EAD, and a JOB in the USA the beneficiary (K-3 holder) can file I-864A (Contract between household member and sponsor) along with Petitioner's I-864.

Funds in US Bank must equal 3 times 125% poverty line in order to NOT have a job and rely on assets alone. USCIS is mostly concerned with income.

I am applying for a visa as I am now in the U.K.,so not adjusting status,so what does that mean?

Is this another K-3 visa or are you doing IR-1 visa?

If K-3 you will be using I-134, and the embassy in London will allow beneficiary to use their resources.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

If IR-1 you will be using I-864.