LAND DOWNUNDER, Aussie Aussie Aussie Oi Oi Oi

[Simon and Janet 6]

Does anyone know what guidelines the Sydney consulate have as far as finances for the K-1 approval are?

For the adjustment of status the petitioner needs to be earning 125% of the poverty guidelines, but at the K-1 approval only 100%.

Some consulates however will require the petitioner to be at the 125% for the interview though.

Is anyone aware how Sydney operates in the regard?

[SCFsnoopy 0]

Does anyone know what guidelines the Sydney consulate have as far as finances for the K-1 approval are?

For the adjustment of status the petitioner needs to be earning 125% of the poverty guidelines, but at the K-1 approval only 100%.

Some consulates however will require the petitioner to be at the 125% for the interview though.

Is anyone aware how Sydney operates in the regard?

I do actually have all that info... If I can find it in my inbox I'll repost here but I can't look right now, so you'll have to bear with me. If you want, just email the consulate (there's an email on their website somewhere... if you mail the wrong one they should forward it for you) and they'll probably mail you what they mailed me.

Just wanted to let you know I'm Stateside for the next couple of weeks, had no problem at immigration (they asked me if I was bringing food in? Why would they ask that at immigration?? Then they asked me again at Customs, go figure).

[Simon and Janet 6]

Does anyone know what guidelines the Sydney consulate have as far as finances for the K-1 approval are?

For the adjustment of status the petitioner needs to be earning 125% of the poverty guidelines, but at the K-1 approval only 100%.

Some consulates however will require the petitioner to be at the 125% for the interview though.

Is anyone aware how Sydney operates in the regard?

I do actually have all that info... If I can find it in my inbox I'll repost here but I can't look right now, so you'll have to bear with me. If you want, just email the consulate (there's an email on their website somewhere... if you mail the wrong one they should forward it for you) and they'll probably mail you what they mailed me.

Just wanted to let you know I'm Stateside for the next couple of weeks, had no problem at immigration (they asked me if I was bringing food in? Why would they ask that at immigration?? Then they asked me again at Customs, go figure).

Great, that info would be very handy. Thanks!

Glad you got through immigration without a problem. Did they mention anything about who you were going to see? Did you mention anything about the K-1?

Enjoy your trip!

[Simon and Janet 6]

I emailed the Sydney Consulate today...

Hello,

I'd like to ask a question regarding the poverty guidelines for the K-1 visa. My fiancee and I have applied for this visa and are waiting for our NOA2 from the U.S. I understand that when we get to the stage where I (the beneficiary) will be adjusting my status in the U.S my fiancee needs to be earning 125% of the poverty guidelines.

I'm wondering for the I-134 form that i'll send once the Sydney Consulate sends the paperwork, does she at that stage need to be at the 125% level or at the 100% of the poverty guideline until Adjustment of Status?

I ask this because the previous 2 years she has been comfortably over the 125% but this past year she is a few hundred dollars short of the 125% ($18,212) for 2009. My fiancee begins a new job in the coming weeks and will again be moving up towards that 125%.

I'm just wondering if we'll require a sponsor for the I-134 form...because if it's at 100% of the poverty guidelines we'll be fine for that stage of this process without one.

There are no income levels listed on the I-134 instructions. If you could give me some details of what the Sydney Consulate expects for that i'd be extremely grateful.

Thanks for your time!

Simon.

Their reply....

Dear Sir:

Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines.

The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General, Sydney (RST).

[SCFsnoopy 0]

Wow, they gave me WAY more info than that... like, they copy pasted the handbook that they give to the CO's and mailed it to me.

Immigrations was no problem... they asked, "what is the purpose of your trip?" ("I'm just on vacation") "how long for?" ("two weeks") ... then fingerprints/photo taken... "you bringing any foodstuffs into the country?" ("yes, some chocolate and cookies") ... no answer... stapled the I-94 into my passport and I was on my way No mention of the K-1, I have a feeling that information isn't available unless they specifically look for it, but that's speculation on my part.

However, when I was passing through the customs gate, they asked about food, told them, chocolate and cookies, "anything fresh?" ("no") but then THEY asked, even though I had just passed immigration, "what is your purpose for coming here?" (??) So I told them again, "just visiting," and they asked, "friends or family?" so I replied, "just friends" ... "ok, have a nice trip." Seems at LAX that immigration and customs officials are doing each other's jobs

Just found the email Sydney consulate sent me, it's a bit long >_<

Thank you for your inquiry.

Please refer to the following 9FAM citations regarding accepting I-134 affidavits of support. Basically, the consular officer at time of interview will make the determination whether or not he will require any additional information apart from the documents already submitted from your fiancé. The 125% guideline does not apply to the form I-134.

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-911; 11-02-2007)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR).

9 FAM 40.41 N4.6-2 Evidence of Support When Form I-864, Affidavit of Support Under Section 213A of the Act, Not Required

(CT:VISA-1126; 12-03-2008)

a. An applicant relying solely on personal financial resources for support for him or herself and family members after admission into the United States should be presumed inadmissible for a visa under INA 212(a)(4) unless his or her income (including any to be derived from prearranged employment) will equal or exceed the poverty guideline level for the applicant and accompanying family members. You should refer to 9 FAM 40.41 Exhibit I, Poverty Income Guideline Table, published by the Department of Health and Human Services (HHS).

b. Normally, all accompanying dependent family members and other dependent family members already in the United States are considered to be within the family unit for purposes of applying the poverty income guidelines. However, an applicant seeking to join a lawfully admitted permanent resident and two citizen children in the United States, who are receiving public assistance, may be determined to overcome the public charge provision if the applicant's prospective income will exceed on the poverty income guideline table for a single person. In this instance only, it does not matter that the applicant's prospective income will be below that shown in the poverty income guideline table for a family of four. It is quite possible that the admission of the applicant and the applicant's income in the United States may permit the lowering of the public assistance benefits the family members now receive.

c. You should not rely exclusively on the submission of documents to determine whether an applicant is inadmissible under INA 212(a)(4). Repeated requests for documents in an effort to resolve every small doubt should be avoided. There is a limit to the value of documents in a situation in which the applicant must satisfy the officer of his or her future activities, intentions, and prospects.

d. You should make every effort to inform applicants in advance of the visa interview of the required support documents. You should be in a position to issue or deny the visa under INA 212(a)(4) at the end of the initial visa interview, assuming that the applicant has made reasonable efforts to submit the evidence originally requested. (For example, in cases where a Form I-864, Affidavit of Support under Section 213A of the Act, is required, an application cannot be considered until that document and related information have been executed and considered satisfactory by you.) Applicants who are not likely to overcome the public charge provision even after the presentation of additional evidence should be refused. Adequate time and effort spent during the initial interview can save work for the post and the applicant in this respect.

e. An applicant may establish the adequacy of financial resources by submitting evidence of bank deposits, ownership of property or real estate, ownership of stocks and bonds, insurance policies, or income from business investments sufficient to provide for his or her needs, as well as those of any dependent family member, until suitable employment is located. (The amount sufficient will depend on the applicant's age, physical condition, and family circumstances and size.)

(1) Bank Deposits—Applicants relying on bank deposits to meet the public charge requirements should present as evidence a letter signed by a senior officer of the bank over the officer's title, showing:

(a) The date the account was opened;

(B) The number and amount of deposits and withdrawals during the last 12 months;

© The present balance. This information may prevent attempted abuse such as an initial deposit of a substantial sum of money being made within a relatively short time prior to the immigrant visa application; and

(d) How the money, if in a foreign bank in foreign currency, is to be transferred to the United States.

(2) Real estate investments—Evidence of property ownership may be in the form of a title deed or equivalent or certified copies. The applicant must satisfy you as to the plans for disposal or rental of such property and the manner in which the income from the property (if abroad) is to be transferred to the United States for the applicant's support.

(3) Stocks and Bonds—Evidence of income from these sources should indicate present cash value or expected earnings and, if the income is derived from a source outside the United States, a statement as to how the income is to be transferred to the United States.

(4) Income from business investments; or

(5) Insurance policies.

f. An applicant may also support a finding that he or she meets the public charge requirements by:

(1) Evidence of employment of a permanent nature in the United States that will provide an adequate income. A certified Labor Department Form ETA-9089 Application for Permanent Employment Certification, or Form ETA-750-Part A & B, Application for Alien Employment Certification) will show this if the applicant is subject to the provisions of INA 212(a)(5)(A). If the labor certification provisions do not apply, the employer may submit a notarized letter of employment, in duplicate, on letterhead stationery attesting to the offer of prearranged employment; or

(2) Assurance of support by relatives or friends in the United States.

g. Sufficient support from a combination of the above sources.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

(CT:VISA-911; 11-02-2007)

a. Because INA 212(a)(4)© and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:

(1) The sponsor's motives in submitting the affidavit;

(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);

(3) The length of time the sponsor and applicant have known each other;

(4) The sponsor's financial resources; and

(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.

d. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:

(1) Information regarding income and resources;

(2) Financial obligations for the support of immediate family members and other dependents;

(3) Other obligations and expenses; and

(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.

e. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

f. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.

I hope the above guidelines is helpful to you.

Thank you.

[Breezie54 2]

Hold me up cause i just fainted this smorning

Received an e-mail from the US Consulate saying that they had received our approved petition (I-120f) and that i may now download the initial set of instructions known as "Packet 3" crikey, was just getting over the Approval on 7th August, saying they would send our package off to Sydney within 2 to 4 weeks, had no idea it would be there so fast..considering we only lodged in April of this year, somebody has been looking after us i reckon at VSC.

Went off down to the Police Station after calling and being told to come down at 4pm as they have a shift change 2-3 pm was there on the dot, waited in line for 30 minutes, the girl got the form went to find somebody to finger print me only to be told, too many off sick and no officer free to finger print me and complete the application for background check and "To Come Back Tomorrow" so will call tomorrow morning and make sure enough on duty to get it done, also going to call the Panel Physician in Brisbane (im from the Gold Coast) and check when i can get an appointment for the medical.

I need some help there, do they arrange the x-ray to check for T.B. plus blood work to test for Aides and HIV and Hepatitis or do i need to arrange for those with my local GP?

Also my best friend from the States called this morning after i emailed her, said she is getting stuck into the Affidavit of Support and will Fed-Ex it right over whether we need it or not, she said to submit it to make sure everything goes smoothly.. what a bottler she is, going to guarantee me for life God love her..

I am off to complete my DS-230 so i can mail it right off to the Consulate first thing tomorrow morning.

Anyway i think this calls for a celebration so am off to pour a Bundy n Coke and thank whoever got things moving for us finally..

Best wishes to those who are commencing their journey and to those in the throws the same as me hugs and enjoy the ride!!

Cheers Kaye

[Simon and Janet 6]

That's awesome Kaye! Congratulations!

Hopefully it all really starts flying for you guys now.

[Kath 0]

hiya breeze and everyone else

good to see you got confirmation from the consulate kaye ...

the medical examiner organises the x-rays ..but check with you local doc to see if you can get tested for your amunity for the others and get it put on your medicare...i have messaged you with other info you might consider also..

tis wonderful to see new faces and many more aussie's coming over to the states..just wish someone of you would be coming up my end..lol..

no news here..just living the life with hubs ..just a normal life eat work sleep and enjoying summer...soon will be football season so goooooo steelers lol...gawd i miss the aussie rules though...

well you all enjoy the time you have in oz with your families and friends treasure every moment take lots of pics and a safe and non eventful entry into the states...

take care

kath

[Simon and Janet 6]

gawd i miss the aussie rules though...

I'll miss it like crazy too when i eventually get there. I've checked out the Aussie league over there and see Philadelphia has a team

Who do you go for in the AFL?

[Kath 0]

hi simon an janet

i go for the bombers have done for years..whole family does lol....

i am going to have to buy my sister or brother one of those dvd recorders for them to tape games for me lol..they are quite cheap over here and it is constantly recording tv shows that we enjoy...so you are going to be living in philli when you get over here...

who do you go for...?

[Simon and Janet 6]

Yeah a DVD recorder is a good idea.

I'm a Geelong fan. Funnily, i was in NYC in April and was walking past a bar near Times Square one afternoon and kinda just glanced in there as i was passing and noticed AFL on the tv. It was a Geelong vs Brisbane game played a day or so earlier. I was very impressed.

[Kath 0]

omg i would of ran into the place and asked how the hell are you getting this broadcast...lol...and quickly sit down to watch the game lol especially if it was my own team lol

we are so technilogical but we cant get games live from oz hmmmm lol...

[Simon and Janet 6]

omg i would of ran into the place and asked how the hell are you getting this broadcast...lol...and quickly sit down to watch the game lol especially if it was my own team lol

we are so technilogical but we cant get games live from oz hmmmm lol...

There's actually a sports network called Setanta Sports which broadcasts the AFL...it was through them that I saw that Geelong game in New York.

Here's a pic I snapped while seeing it.

Also www.justin.tv sometimes has live AFL games too

Edited August 27, 2009 by Simon and Janet

[VanessaTony 3,567]

Hello fellow Aussies

I have just been APPROVED for my Visa (YAY!). I wanted to post my thread here: http://www.visajourney.com/forums/index.ph...206016&st=0 for those that want a detailed run-down of what to expect from NOA2 - Interview date (so far ). I am from victoria so some of it (like medical tests) would only be relevant to Melbournians... but still

Hope some of you find it helpful. Grats to everyone that's already approved and good luck to those still waiting.

Yay Aussies!

Side note -- what, if anything, are you taking from Australia with you in terms of food or "must haves"? My list includes vegemite, milo, various chocolate and lollies , and some Mi Goreng noodles. Anything you can't live without?

[Warren and Cindy 6]

hi everyone

June K1 filer here. I'm from Melbourne and my Fiancee is from Virginia where I hope to join her asap lol

I should have scanned harder to find the good threads, missed this one >< but thanks to seeing where Vanessa posted i spotted this thread

first of all to all ALF fans here, go blues, I did a little search on who shows AFL in the states and did find that Setanta Sports did have the rights but that they have stopped showing AFL now and that ESPN from next year will be showing AFL, and that espn360.com is also now showing whats left of this season, from what i have read a week or so ago, so look there;

http://espn.go.com/broadband/espn360/chann...el=3577604& (its mixed in with the american football)

*Waves at Vanessa*

Edited August 27, 2009 by Warren and Cindy