questions I couldn't find anwers to

[Ready to do it 101]

I live in Texas, I am the petitioner (US citizen), doing K-1 Visa for my foreign fiance.

1) I'm starting the process... send all the original packet info to dropbox in Texas?

2) On Fiance Intent to Marry letters... (send to dropbox in Texas with everything else) but address them to Vermont Service Center? This drop-box for info seems like a new thing that I didn't recall when I looked into the K1 process in early 2010.

3) Vermont Service Center is my service center, correct? I noted that a few years ago, but now can't seem to be able to find anything on the subject of which service centers service which states.

4) The fee now is $340 as opposed to $450+? The lowered the price? Am I missing something?

5) Determining 125% poverty level is easy for someone who is W-2 or for someone who is self-employed for numerous years. How do they figure it out for someone who is recently "self employed" with a new company and whose income from the last 3 years is a combo of both W-2 and self enployed (other companies that no longer exist?) It would need to be considered for myself, fiance, and I have a teen-age daughter that I pay child support to her mother... so 3 total... $22,887 is 125% of poverty level using 2010 guidelines. I am assuming they will look into my income info sometime between April and October 2011 since I am starting the process now.

2007 income $102,000 w-2 income

2008 income Less than $5,000 1099 income

2009 income $22,519 1099 income

2010 income $82,000 W-2 income (Jan 2010- October 1, 2010) and I will be showing about $8,000 income that will be reported on a K-1. 80% ownership in an LLC... $8k is roughly what I will be taxed on. LLC was formed in June 2010, though we really didn't get going until October.

80% ownership in the LLC will be my only income for 2011, so there obviously won't be any paycheck stubs when they are looking info my financial picture in mid 2011. Any idea how they detemine if I meet the 125% poverty guidelines since they will have no paycheck stubs to go by. It'd be great if they consider the $82,00 w-2 income from 2010, but since I no longer hold that position in 2011 will they simply look at the $8,000 number from 2010 since that is the only thing I will be doing for income in 2011? I will be able to show distributions of $8k-10k each month in 2011, but that doesn't really mean that's my taxable income, so anyone know how they will determine this? As far as assets... assume $10k equity in a $25k car is all I got.

6) Unrelated question... My ex-wife who I petitioned for permenent resident status in mid 1990's 10 year permanent resident card has expired. I know that after it was issued 10+ years ago we moved in 2001 and never changed the address with INS (now USCIS). She is going to need to do the form I-90 to renew her expired permanent resident card. USCIS will have the address she lived at prior to 2001 on file so should she do a change of address first, and then send in an I-90 or should she just put the new address she (we) moved to in 2001 (which she is still living at) on the I-90?

7) Question #11 on the I-129F says... "Have you ever filed for this or any other alien fiance or wife before. If "yes" give name of all aliens, place, and date of filing, A# and result. What do they mean by "result?" As in... did they give her the permanent resident card or As in... are we still married? My previous wife had lived in US for 15+ years illegally before we were married in 1996 and went through the INS permanent resident process, she was given her 10 yr permanent resident card in the year 2000. We divorced in 2006. Do they want to know if she got the card or do they want to know if she is still married when they are asking "result" in question #11. By the way if she refuses to renew her permanent resident card that doesn't affect my petition for my future wife that I am petitioning for, correct? Yes, I know "Why in the world would someone not want to renew their permanent residency card?" Stubborn. I actually think she is simply waiting to hit 65 or the age necessary to get her citizenship without having to take the English test. Yes, again I know... refuses to learn English. I quit fighting that battle 10+ years ago. Her thinking is "She hasn't need it for the last 25 years, so why learn now."

[Ready to do it 101]

I should probably clarify... my exwife will some day renew her permanent residency. I just don't anticipate it will be in the near future and when I'm marking down that I was her sponser 15+ years ago and they see her permanent residency has expired I want to make sure that doesn't affect me sponsering my future spouse. She knows it needs to be renewed but it's just not a top priority for her. She is self-employed, lives in a paid off house, makes a lot of money, and pays her taxes so for her it's just not a priority. We have a good relationship as far as ex-spouses are concerned and it does me no good to fight with my ex-wife over it as she could make my relationship with our child kind of miserable for me if she wanted to.

I live in Texas, I am the petitioner (US citizen), doing K-1 Visa for my foreign fiance.

1) I'm starting the process... send all the original packet info to dropbox in Texas?

2) On Fiance Intent to Marry letters... (send to dropbox in Texas with everything else) but address them to Vermont Service Center? This drop-box for info seems like a new thing that I didn't recall when I looked into the K1 process in early 2010.

3) Vermont Service Center is my service center, correct? I noted that a few years ago, but now can't seem to be able to find anything on the subject of which service centers service which states.

4) The fee now is $340 as opposed to $450+? The lowered the price? Am I missing something?

5) Determining 125% poverty level is easy for someone who is W-2 or for someone who is self-employed for numerous years. How do they figure it out for someone who is recently "self employed" with a new company and whose income from the last 3 years is a combo of both W-2 and self enployed (other companies that no longer exist?) It would need to be considered for myself, fiance, and I have a teen-age daughter that I pay child support to her mother... so 3 total... $22,887 is 125% of poverty level using 2010 guidelines. I am assuming they will look into my income info sometime between April and October 2011 since I am starting the process now.

2007 income $102,000 w-2 income

2008 income Less than $5,000 1099 income

2009 income $22,519 1099 income

2010 income $82,000 W-2 income (Jan 2010- October 1, 2010) and I will be showing about $8,000 income that will be reported on a K-1. 80% ownership in an LLC... $8k is roughly what I will be taxed on. LLC was formed in June 2010, though we really didn't get going until October.

80% ownership in the LLC will be my only income for 2011, so there obviously won't be any paycheck stubs when they are looking info my financial picture in mid 2011. Any idea how they detemine if I meet the 125% poverty guidelines since they will have no paycheck stubs to go by. It'd be great if they consider the $82,00 w-2 income from 2010, but since I no longer hold that position in 2011 will they simply look at the $8,000 number from 2010 since that is the only thing I will be doing for income in 2011? I will be able to show distributions of $8k-10k each month in 2011, but that doesn't really mean that's my taxable income, so anyone know how they will determine this? As far as assets... assume $10k equity in a $25k car is all I got.

6) Unrelated question... My ex-wife who I petitioned for permenent resident status in mid 1990's 10 year permanent resident card has expired. I know that after it was issued 10+ years ago we moved in 2001 and never changed the address with INS (now USCIS). She is going to need to do the form I-90 to renew her expired permanent resident card. USCIS will have the address she lived at prior to 2001 on file so should she do a change of address first, and then send in an I-90 or should she just put the new address she (we) moved to in 2001 (which she is still living at) on the I-90?

7) Question #11 on the I-129F says... "Have you ever filed for this or any other alien fiance or wife before. If "yes" give name of all aliens, place, and date of filing, A# and result. What do they mean by "result?" As in... did they give her the permanent resident card or As in... are we still married? My previous wife had lived in US for 15+ years illegally before we were married in 1996 and went through the INS permanent resident process, she was given her 10 yr permanent resident card in the year 2000. We divorced in 2006. Do they want to know if she got the card or do they want to know if she is still married when they are asking "result" in question #11. By the way if she refuses to renew her permanent resident card that doesn't affect my petition for my future wife that I am petitioning for, correct? Yes, I know "Why in the world would someone not want to renew their permanent residency card?" Stubborn. I actually think she is simply waiting to hit 65 or the age necessary to get her citizenship without having to take the English test. Yes, again I know... refuses to learn English. I quit fighting that battle 10+ years ago. Her thinking is "She hasn't need it for the last 25 years, so why learn now."

[Inky 1,110]

125% of the poverty GUIDE is on the I-864 not on W-2 or income. http://www.uscis.gov/ilink/docView/SLB/DATAOBJECTS/I_864P.pdf

Texas Lockbox is a sorting facility, it gets sent from TX to either VSC or CSC.

Correct the fee has changed for the I-129F to lower amount. BUT the visa fee is MUCH higher than it was before.

[Kimo3 3]

What was the I-129F fee before? I paid more than 340.

Also, the visa fee is the I-90 right?

[jkelly07 120]

new fee's 1-129f 340.00.....1-90..365.00 k-1 350.00....biometrics 85.00....1-130 420.00

[TwoCats 55]

1) I'm starting the process... send all the original packet info to dropbox in Texas?

Yes.

4) The fee now is $340 as opposed to $450+? The lowered the price? Am I missing something?

Yes. They lowered the price as of November 23rd, I believe. I think they raised the visa fee at the consulate level along with it (not 100% sure).

7) Question #11 on the I-129F says... "Have you ever filed for this or any other alien fiance or wife before. If "yes" give name of all aliens, place, and date of filing, A# and result. What do they mean by "result?" As in... did they give her the permanent resident card or As in... are we still married? My previous wife had lived in US for 15+ years illegally before we were married in 1996 and went through the INS permanent resident process, she was given her 10 yr permanent resident card in the year 2000. We divorced in 2006. Do they want to know if she got the card or do they want to know if she is still married when they are asking "result" in question #11. By the way if she refuses to renew her permanent resident card that doesn't affect my petition for my future wife that I am petitioning for, correct? Yes, I know "Why in the world would someone not want to renew their permanent residency card?" Stubborn. I actually think she is simply waiting to hit 65 or the age necessary to get her citizenship without having to take the English test. Yes, again I know... refuses to learn English. I quit fighting that battle 10+ years ago. Her thinking is "She hasn't need it for the last 25 years, so why learn now."

I'm not sure if there's an 'official' way of doing this, but I'm in a similar boat (second time around through the process)

The way I answered this question was to add an attachment (the information was too long to fit in the box) and I included:

Name: <insert name here>

A#: <insert alien # here if known>

Date of Filing: <insert date>

Place of filing: <service center name>

Result: Approved K-1.

Divorce Date: <insert date here>

I tossed the Divorce Date in there just to cover my bases on the attachment.

Signed and dated the bottom.

[JimVaPhuong 4,863]

1) I'm starting the process... send all the original packet info to dropbox in Texas?

Yes.

2) On Fiance Intent to Marry letters... (send to dropbox in Texas with everything else) but address them to Vermont Service Center? This drop-box for info seems like a new thing that I didn't recall when I looked into the K1 process in early 2010.

Who you address it to is not critical. The only thing that really matters is the statement and signature. But, if you want to follow the existing format in the VJ examples, go ahead and address to VSC.

3) Vermont Service Center is my service center, correct? I noted that a few years ago, but now can't seem to be able to find anything on the subject of which service centers service which states.

Yes, as far as I know.

4) The fee now is $340 as opposed to $450+? The lowered the price? Am I missing something?

Yes, the price has gone down for the I-129F. It's gone up for some other forms.

5) Determining 125% poverty level is easy for someone who is W-2 or for someone who is self-employed for numerous years. How do they figure it out for someone who is recently "self employed" with a new company and whose income from the last 3 years is a combo of both W-2 and self enployed (other companies that no longer exist?) It would need to be considered for myself, fiance, and I have a teen-age daughter that I pay child support to her mother... so 3 total... $22,887 is 125% of poverty level using 2010 guidelines. I am assuming they will look into my income info sometime between April and October 2011 since I am starting the process now.

2007 income $102,000 w-2 income

2008 income Less than $5,000 1099 income

2009 income $22,519 1099 income

2010 income $82,000 W-2 income (Jan 2010- October 1, 2010) and I will be showing about $8,000 income that will be reported on a K-1. 80% ownership in an LLC... $8k is roughly what I will be taxed on. LLC was formed in June 2010, though we really didn't get going until October.

80% ownership in the LLC will be my only income for 2011, so there obviously won't be any paycheck stubs when they are looking info my financial picture in mid 2011. Any idea how they detemine if I meet the 125% poverty guidelines since they will have no paycheck stubs to go by. It'd be great if they consider the $82,00 w-2 income from 2010, but since I no longer hold that position in 2011 will they simply look at the $8,000 number from 2010 since that is the only thing I will be doing for income in 2011? I will be able to show distributions of $8k-10k each month in 2011, but that doesn't really mean that's my taxable income, so anyone know how they will determine this? As far as assets... assume $10k equity in a $25k car is all I got.

Consular officer's discretion for the visa issuance, but they'll look at your tax return first. Line 22 on your 1040. You can demonstrate current income with bank statements showing deposits.

6) Unrelated question... My ex-wife who I petitioned for permenent resident status in mid 1990's 10 year permanent resident card has expired. I know that after it was issued 10+ years ago we moved in 2001 and never changed the address with INS (now USCIS). She is going to need to do the form I-90 to renew her expired permanent resident card. USCIS will have the address she lived at prior to 2001 on file so should she do a change of address first, and then send in an I-90 or should she just put the new address she (we) moved to in 2001 (which she is still living at) on the I-90?

Technically, she should have filed the change of address a long time ago - within 10 days of moving. Unless she's got enough SSA work credits to terminate the affidavit of support then YOU should have ALSO filed a change of address with USCIS - within 30 days of moving. Sponsors are also required to report a change of address to USCIS. Anyway, water under the bridge.

As far as I know, the AR-11 can be included with the I-90. The I-865 for changing the sponsor's address is not supposed to be submitted with another petition, though. You should submit it separately, unless you know for certain that the affidavit of support is no longer enforceable.

7) Question #11 on the I-129F says... "Have you ever filed for this or any other alien fiance or wife before. If "yes" give name of all aliens, place, and date of filing, A# and result. What do they mean by "result?" As in... did they give her the permanent resident card or As in... are we still married? My previous wife had lived in US for 15+ years illegally before we were married in 1996 and went through the INS permanent resident process, she was given her 10 yr permanent resident card in the year 2000. We divorced in 2006. Do they want to know if she got the card or do they want to know if she is still married when they are asking "result" in question #11. By the way if she refuses to renew her permanent resident card that doesn't affect my petition for my future wife that I am petitioning for, correct? Yes, I know "Why in the world would someone not want to renew their permanent residency card?" Stubborn. I actually think she is simply waiting to hit 65 or the age necessary to get her citizenship without having to take the English test. Yes, again I know... refuses to learn English. I quit fighting that battle 10+ years ago. Her thinking is "She hasn't need it for the last 25 years, so why learn now."

As TwoCats indicated, the result was that the petition was approved and the visa was issued.

Her failure to maintain her status should not affect your current petition. The fact that you petitioned and sponsored an immigrant before may come up at your fiancee's interview, though.

[pushbrk 12,883]

Result means, LPR status granted. It's an immigration question, not a marriage question.

Unless a green card gets lost, the I90 will not come into play in the immigration process.

[payxibka 10,045]

Result means, LPR status granted. It's an immigration question, not a marriage question.

Unless a green card gets lost, the I90 will not come into play in the immigration process.

I-90 will be needed to renew a 10 yr. card if they get that far

[pushbrk 12,883]

I-90 will be needed to renew a 10 yr. card if they get that far

Right. I'm afraid I tend to think of the process only from filing to receipt of the 10 year card, but it wouldn't surprise me if about half our members' loved ones decline to pursue citizenship and DO renew those ten year cards. I expect my wife will be one of them who renews.

Nevertheless, an I-90 fee is not of any current concern and will surely be much higher once it IS of concern.

Edited January 2, 2011 by pushbrk

[payxibka 10,045]

Right. I'm afraid I tend to think of the process only from filing to receipt of the 10 year card, but it wouldn't surprise me if about half our members' loved ones decline to pursue citizenship and DO renew those ten year cards. I expect my wife will be one of them who renews.

Nevertheless, an I-90 fee is not of any current concern and will surely be much higher once it IS of concern.

well i just needed to use the i-90 for my son... turned 14 and he needed to get a new card even though the one he had was still good for 9 more years

[Ready to do it 101]

Thank you for all the responses.

I'm still a little unsure on #5 and #6.

#5 When I sponsored her 15 years ago, there was no 40 quarter of work Affadvit of Support. The affadavit was only for 4-5 years, I think. Regardless, I know it is no longer in effect as I consulted an immigration many years ago to confirm that it was in fact over. So taking the affadavit of support out of the question, can my ex-wife simply do an address change online on thier website, wait a week and then do the I-90 to renew her 10 yr expired card?

#6 Ok are there any more thoughts on this 125% poverty level issue. Are people of the opinion that it's not going to be an issue because I will have over $80,000 of W-2 income on my 2010 tax return? The issue I forsee is I no longer hold that W-2 job. My only income for 2011 will be my 80% interest in an LLC which I will receive monthly distributions and at the end of the year I will pay taxes on 80% of the income. I could get a CPA to provide a P & L or statements for them and show them my distribution checks, but that realy doesn't prove squat. Anyone think they'll simply look at my 2010 tax return, see about $90,000 of income and then move on without any questions?

On a sidenote. These new Affadavit of Support the USCIS requires us to fill out are brutal. Entirely different from the ones 15 years ago.

1) 15 years ago it was "years".. had nothing to do with quarters of work and whether the beneficiary worked or not.

2) Sponsor was only on the hook for about 4-5 years

3) the wording is different... back then it said the govt could come collect the money from sponsor if beneficiary uses public assistance. Now it actually looks like it says the sponsor is required to make sure the beneficiary lives at 125% of the poverty level.

Now I see why no one can find co sponsors and illegal immigration is so appealing to so many. This is a huge burden for many sponsors. Basically if sponsor is in 30% tax bracket then he/she has to make $30k/yr to provide benefeciary with $20k/yr, even if divorce etc. Over 10 years... that is $300,000.... and that is if the beneficiary decides to work and works for 40 quarters. I.e. If things don't work out and the parties split up after 4-5 years, and the beneficiary never pursues citizenship the sponsor could be on the hook 30+ years... that's about $1,000,000 of the sponsors income. I really don't have a solution... just pointing it out. Actually a solution would be no social programs for these immigrants. Though I am a big proponent for no social programs for anyone in the US... US citizen or not.

[pushbrk 12,883]

Thank you for all the responses.

I'm still a little unsure on #5 and #6.

#5 When I sponsored her 15 years ago, there was no 40 quarter of work Affadvit of Support. The affadavit was only for 4-5 years, I think. Regardless, I know it is no longer in effect as I consulted an immigration many years ago to confirm that it was in fact over. So taking the affadavit of support out of the question, can my ex-wife simply do an address change online on thier website, wait a week and then do the I-90 to renew her 10 yr expired card?

#6 Ok are there any more thoughts on this 125% poverty level issue. Are people of the opinion that it's not going to be an issue because I will have over $80,000 of W-2 income on my 2010 tax return? The issue I forsee is I no longer hold that W-2 job. My only income for 2011 will be my 80% interest in an LLC which I will receive monthly distributions and at the end of the year I will pay taxes on 80% of the income. I could get a CPA to provide a P & L or statements for them and show them my distribution checks, but that realy doesn't prove squat. Anyone think they'll simply look at my 2010 tax return, see about $90,000 of income and then move on without any questions?

On a sidenote. These new Affadavit of Support the USCIS requires us to fill out are brutal. Entirely different from the ones 15 years ago.

1) 15 years ago it was "years".. had nothing to do with quarters of work and whether the beneficiary worked or not.

2) Sponsor was only on the hook for about 4-5 years

3) the wording is different... back then it said the govt could come collect the money from sponsor if beneficiary uses public assistance. Now it actually looks like it says the sponsor is required to make sure the beneficiary lives at 125% of the poverty level.

Now I see why no one can find co sponsors and illegal immigration is so appealing to so many. This is a huge burden for many sponsors. Basically if sponsor is in 30% tax bracket then he/she has to make $30k/yr to provide benefeciary with $20k/yr, even if divorce etc. Over 10 years... that is $300,000.... and that is if the beneficiary decides to work and works for 40 quarters. I.e. If things don't work out and the parties split up after 4-5 years, and the beneficiary never pursues citizenship the sponsor could be on the hook 30+ years... that's about $1,000,000 of the sponsors income. I really don't have a solution... just pointing it out. Actually a solution would be no social programs for these immigrants. Though I am a big proponent for no social programs for anyone in the US... US citizen or not.

For the I-134, you state your current income. It's tricky for you because you are no longer "employed" but will be providing a tax return with W2 income. I think what I would do in that situation is make a good faith estimate of current income and then provide three complete tax returns instead of one, to show consistent income well over the poverty line. If you have easily documented liquid assets to add, add them too.

I have no comment on your ex-wifes green card renewal. It's not your problem.