what is the process for withdrawing a petition?

[rebeccajo 14]

Since everything I earn there will be going into savings, and I have a good idea of what I could possibly earn, I think we'll have about that much saved before heading back over........

.....He also has some property he'll be selling, so we'll probably be ok. Again, thanks for the heads-up. We'll definitely keep in mind that a co-sponsor may be needed.......

.....I have a career too.....shouldn't I be just as willing to do the same?

At what point though, in a CR1 submission, do you have to show your assets? I really don't know the answer. I'm not sure 'having it saved before heading back' will work.....

The sale of his property can indeed count. But again, can one count an anticipated sale?

And the main difference in him giving up his career is that he is moving. You will still need a career when you get back....

I know sponsorship with assets can be done (reference the poster meauxna) but it requires some planning and strong documentation.

I'm really not trying to make you mad and I hope I'm not. Here's something you might want to read....

www.uscis.gov/graphics/lawsregs/handbook/AffSuppAFM062706.pdf

You'll have to type it in cause the link wouldn't cut and paste. But I think it's worth the bother and might help you decide before you make any irreversible decisions, such as quitting your job.

Edited July 30, 2006 by rebeccajo

[luvaLimey 0]

Wow that's really helpful! According to that, I can sponsor him based on my earnings from this tax year and by submitting pay stubs showing continued employment as long as I maintain a domicile in the States. I was going to use my Dad's address as a domicile for submitting the applications and all the other documents, so that works out pretty well. (it's also where I'm going to have my employers from this year send my W-2, so he can send them to me and I can file online next year)

So, as long as this year's income meets 125% of the poverty guidelines, we wouldn't have to use assets. We'll probably use assets anyway (just to be sure we have enough), but that info made a lot of things a lot clearer.

Thanks!

[rebeccajo 14]

According to that, I can sponsor him based on my earnings from this tax year and by submitting pay stubs showing continued employment as long as I maintain a domicile in the States. I was going to use my Dad's address as a domicile for submitting the applications and all the other documents, so that works out pretty well. (it's also where I'm going to have my employers from this year send my W-2, so he can send them to me and I can file online next year)

So, as long as this year's income meets 125% of the poverty guidelines, we wouldn't have to use assets. We'll probably use assets anyway (just to be sure we have enough), but that info made a lot of things a lot clearer.

Thanks!

I see the words 'continued employment'. Are you going to be able to return to your job?

And would you use your 2005 or upcoming 2006 tax return? Again I go back to lack of knowledge of when you file the I-864 in the CR1 process.

Maybe I should butt out.....

[luvaLimey 0]

According to that, I can sponsor him based on my earnings from this tax year and by submitting pay stubs showing continued employment as long as I maintain a domicile in the States. I was going to use my Dad's address as a domicile for submitting the applications and all the other documents, so that works out pretty well. (it's also where I'm going to have my employers from this year send my W-2, so he can send them to me and I can file online next year)

So, as long as this year's income meets 125% of the poverty guidelines, we wouldn't have to use assets. We'll probably use assets anyway (just to be sure we have enough), but that info made a lot of things a lot clearer.

Thanks!

I see the words 'continued employment'. Are you going to be able to return to your job?

And would you use your 2005 or upcoming 2006 tax return? Again I go back to lack of knowledge of when you file the I-864 in the CR1 process.

Maybe I should butt out.....

I was planning on using the 2006 tax return, since i'll probably have that by the time we get the packet with all those forms in it. If we get the packet before then, I'll use my 2005 return. I was under the impression it had to be the most recent tax year. And I noticed the "continued employment" too. I may be able to start working here again upon my return, but I wont expect them to hold my position open for an entire year. I don't know yet what the situation will be by then, but again if it isn't sufficient, we'll get a co-sponsor. I mean... what if I stayed in the states, and he came over here on the K-1, and we got married and then I got laid off or something right before we filed for AOS? We'd still have to get a co-sponsor for the I-864.

I don't think you should butt out. You're asking me some very good questions, and challenging me to actually think about the entire process, instead of saying "we'll deal with that when we get to it." But sometimes, you can't plan for every eventuality, and sometimes, you just have to go where your heart takes you, even if your head says "wait! but what about x?"

[rebeccajo 14]

Well Luva, I wish you well with this then. As I said I'm personally not opposed to what you propose. On the other hand, I personally wouldn't do it either. Not if my long term goal was to live in America.

No, one can't plan for every eventuality. And I am a BIG believer in living life to the fullest. But I'm also moderately cautious.

I guess for me the bottom line decision would lie on two points - #1 If I felt my children were going to properly cared for in my absence, and that they would be emotionally ok while I was gone. #2 If I felt my present employment was easily replaceable - good jobs are hard to find where I come from and I would find it very difficult to give up a good job in today's economic climate.

To close how I feel, I want to re-iterate something I have read on VJ time and time again. Once you DO permanently reunite, this separation you are presently enduring will melt away and you will be left with only the benefits of it. You will be stronger - and you will have the memory of the loneliness to still your tongue when anger or frustration arises in your marital future. You may not believe that now, but trust me, it is the absolute unequivocal truth. I know because I have been where you are, and I know where I am now.

Somedays my husband frustrates the living bejesus out of me. But I don't ever want to lose his presence in my life, his love for me, right here and right now - I can remember what it was like to be without it and I don't ever want to go there again.

The wait is worth it.

[RosaMystica7 0]

To close how I feel, I want to re-iterate something I have read on VJ time and time again. Once you DO permanently reunite, this separation you are presently enduring will melt away and you will be left with only the benefits of it. You will be stronger - and you will have the memory of the loneliness to still your tongue when anger or frustration arises in your marital future. You may not believe that now, but trust me, it is the absolute unequivocal truth. I know because I have been where you are, and I know where I am now.

Somedays my husband frustrates the living bejesus out of me. But I don't ever want to lose his presence in my life, his love for me, right here and right now - I can remember what it was like to be without it and I don't ever want to go there again.

The wait is worth it.

Thank you... I really, really needed to hear that.

[Ladylethal 12]

Beautifully said, rebecca.

I hope your decision will be the best for you, Luva.

[ihatevj 0]

The sale of his property can indeed count. But again, can one count an anticipated sale?

Yes. 100% concrete, the sale of the property will probably net at todays exchange rate somewhere from $125-150,000. This isn't the states, property is anything but a stagnant market here. In London, England, property is at a premium and goes fast and for a high price.

See here

And the main difference in him giving up his career is that he is moving. You will still need a career when you get back....

She'll be continuing her career here in England; a year working in your chosen field abroad will

1-Give you valuable expereince

2-Gotta look good on a resume, right?

Whereas, it stands at the moment, I don't have a career, I just have a job, but it's a very well paid job.

We'll be looking at coming back in to the states with maybe $200,000 give or take $25,000, with the sale of my property and money from saving her wages and part of mine.

If I do it the other way and leave when the K1 reaches approval, in say a month or two's time, I'll be a burden on her financially as I still have debts to pay. This way I get further time to get some kind of professional qualification that's recognisable in the states, so I can enter with something more than my enthusiasm and easily depletable savings.

Aside from all these reasons, we get a year as 'us' and just 'us' without me having to instantly assume the role of the step-dad, which was gonna put a massive strain on a new marriage.

[anitacastillo 0]

Luva -

Are your children self-supporting? If not, some of your earnings should go to their support. And you are okay with leaving them for a year?

good luck with that....

[Yodrak 7]

luvaLimey,

Point of clarification: There is no adjustment of status associated with entering the USA using an immigrant visa. Prior to entry there is no status to adjust, LPR status is granted immediately on entry - one goes directly to 'jail' without passing 'Go'.

Yodrak

Basically, you get the visa AND adjust status all before entering the country.

....

[Yodrak 7]

luvaLimey,

You might want to look into the US tax implications of this and possibly be sure to sell the property before he becomes obligated, or it's otherwise to your benefit for him, to pay US income taxes.

Once you are married you have the option for him to chose to be a US tax payer and you can possibly save a bundle on your taxes by filing a married-joint return. However, if you do this and he sells the property after this point rather than before, he may be obligated to pay US capital gains tax on the sale. This could negate the earlier benefit. If there are any tax savings to you by filing married-joint it might work out best overall to sell the property ASAP.

Yodrak

.....

He also has some property he'll be selling, so we'll probably be ok. ....

[rebeccajo 14]

The sale of his property can indeed count. But again, can one count an anticipated sale?

Yes. 100% concrete, the sale of the property will probably net at todays exchange rate somewhere from $125-150,000. This isn't the states, property is anything but a stagnant market here. In London, England, property is at a premium and goes fast and for a high price.

See here

And the main difference in him giving up his career is that he is moving. You will still need a career when you get back....

She'll be continuing her career here in England; a year working in your chosen field abroad will

1-Give you valuable expereince

2-Gotta look good on a resume, right?

Whereas, it stands at the moment, I don't have a career, I just have a job, but it's a very well paid job.

We'll be looking at coming back in to the states with maybe $200,000 give or take $25,000, with the sale of my property and money from saving her wages and part of mine.

If I do it the other way and leave when the K1 reaches approval, in say a month or two's time, I'll be a burden on her financially as I still have debts to pay. This way I get further time to get some kind of professional qualification that's recognisable in the states, so I can enter with something more than my enthusiasm and easily depletable savings.

Aside from all these reasons, we get a year as 'us' and just 'us' without me having to instantly assume the role of the step-dad, which was gonna put a massive strain on a new marriage.

I perhaps used the term 'count on' in an unclear manner.

I'm sure your property in the UK will net a valuable profit. What I MEANT to say was count on an anticipated sale within the context of the I-864. I doubt you can 'prove' something that hasn't happened yet even if the likelihood of it occuring is very high. I think USCIS will want to see dollars (or sterling) in the bank.

Regarding career moves - well they are what they are. Elements of risk. True there is no reward without risk but even gamblers take a look at the odds before placing a bet.

And that stepdad moment is gonna come along eventually. I wonder why you see it as something that might strain your marriage? It may actually bring you great joy.

[ihatevj 0]

I perhaps used the term 'count on' in an unclear manner.

I'm sure your property in the UK will net a valuable profit. What I MEANT to say was count on an anticipated sale within the context of the I-864. I doubt you can 'prove' something that hasn't happened yet even if the likelihood of it occuring is very high. I think USCIS will want to see dollars (or sterling) in the bank.

Regarding career moves - well they are what they are. Elements of risk. True there is no reward without risk but even gamblers take a look at the odds before placing a bet.

And that stepdad moment is gonna come along eventually. I wonder why you see it as something that might strain your marriage? It may actually bring you great joy.

I'm wondering at what point they need to see those dollars in the bank...

Regarding careers; it'll more than likely be a lot easier for her to get a job here, than me there as it stands at the minute.

I'm 26 and to be honest I'm not quite done being a kid just yet, I'm taking them on to be with her, were it choice I have very little doubt I wouldn't be having kids at any point in the next 10 or so years, maybe never.

[rebeccajo 14]

Ihatvj, I see at the bottom of you signature you state 'unapplied'. Have you two sent a letter off to USCIS officially withdrawing the K1?

I wish you both the best of luck. There's something about your story that keeps drawing me back to this thread. Perhaps it's because I'm old enough to be your mama!