please help me...lawyer is confusing me

[Ninti 0]

The request by the lawyer is just to make it easy for them. A lot of them and the one I had chosen did the same. They ask for everything you will need the entire process up front, then they create the packets for you at that time. Then they file and wash their hands of it. Only to send the rest back to you at time of approval. They just don't want to have to deal with you very much during the process so they do this instead. Problem is it doesn't always work since you need fresh information and forms at the time of interview. You don't seem to be rolling in money. I would take some time and do it myself if I was you. There is more then enough help here to make it on your own. Don't waste your money with a lazy lawyer.

Edited January 17, 2011 by Ninti

[Beth & Chard 8]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

Everyone I have spoken with that has consulted a lawyer has gotten incorrect information, that does not mean there aren't some good ones out there,

but this process is not so complicated that a person needs one.

Just follow the advice you find here, there are people here that give incorrect information, but others will usually correct them.

Read on.

[Gary and Alla 3,694]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

the lawyer is ignorant. Stay away from him and file your petition. No tax return needed until the interview. Do not ask this lawyer anything else about immigration.

[Gary and Alla 3,694]

What do u mean "for 2 ppl"? I make 18500 and my sister said shed cosponsor. She mkes 30000. That's enough? Also, how do I file her as cosponsor? Where do I put she's cospnsoring? She lives in another house, does that matter?

You file NOTHING regarding income with the petition. If you need a co-sponsor at the time of the interview your co-sponsor will submit an affidavit along with yours at that time. That is months away from now. The poverty guidelines will be adjusted UP on March 1, and it will affect you, no onw knows what they will be yet but it is not an issue now.

Read the guides here for K-1 visas and that will explain most of what you need.

DO NOT TALK TO THIS LAWYER AGAIN about immigration issues. He is wrong about a VERY elementary issue. If he cannot get that right he is either LYING or he is comepletely IGNORANT. Either way, you do not need him.

Edited January 18, 2011 by Gary and Alla

[Al422 221]

I agree with what most people said here. Income is absolutely, positively irrelevant at the I129f stage. It is only relevant when the I129f gets approved and your fiance applies for the K-1. So don't worry about showing it right now. You have some months before you need to deal with it.

As for your income, you are right on the borderline. It is too close of a call for me to tell you if it is enough or not.

[VanessaTony 3,567]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

The K1 process is broken up into 2 parts (more or less), the petition and the visa.

The petition is filed in the US by the USC. It's basically the USC asking for permission for his fiancee to apply for a visa. For the petition all you send is here: http://www.visajourney.com/content/k1guide

Once the K1 petition is approved (this means the US government has approved the permission to APPLY for the visa) the case will be sent to the US consulate in her country for the visa application. In the link above scroll to the section that says "What to send to your fiance(e) once the I-129F is approved (Receive NOA2)".

Even though it's headed "once its approved" you should aim to work on that information about 2 months after the petitions been sent. This way you'll have less of a delay and working on it early gives you time to get it together before the NOA2 is approved.

Because your question directly relates to the I-134 I'll mention that specifically now. The I-134 actually has NO requirement for a tax return. The actual requirement is letter from employer and bank letter. However, some countries have their own requirements to include the tax returns so make sure you check the beneficiaries country's requirements to see if it is required. The I-134 isn't needed until the visa stage (that's after the petitions been approved). Lately it seems the NOA1 (petition receipt) to NOA2 (petition approval) is around 4 or more months. So you have plenty of time to worry about the return.

A few posts after the OP you mentioned confusion about "for 2 people" in relation to income. Basically when the income level is discussed the requirement is based on the number of people in a household and 125% of the poverty line for that household number count. The minimum will ALWAYS be a 2 person household because that's you plus the immigrant (your fiancee). The household members would go up if you or she has kids or various other reasons (even though the I-864 isn't required until after you're married for adjustment of status, it more clearly explains the household count situation so you can read that for a clearer idea). So currently for a household of 2 (which is the minimum number of people) the USC need to earn $18,212. If the USC can't meet that amount then they can have a co-sponsor who DOES make over that amount. Bearing in mind the co-sponsors household size. So for instance, your mother, if she's still married her household is 2, PLUS the immigrant so her income level will need to be for a household of 3 (someone provided the I-864P previously, that lists the levels), and if she has kids that are still dependants, or the immigrant has kids then the household count would go up.

So in short - income doesn't matter until the Visa stage. Send the petition now and when the petition is approved she will apply for her visa and THEN the income stuff will matter. So you're looking at around 4 months from sending the petition to when the income stuff is needed. Bear in mind that if it passed April 18 2011 they will require the 2010 tax return. If it's before April 18 they will only require the 2009 tax return.

Hope that helps explain it.

Edited January 18, 2011 by Vanessa&Tony

[Ab44 3]

If you don't have quite enough to meet the income level, you can also use assets (savings etc) however there is some formula that goes into this, it isn't as easy as if you have the difference in your account it is good, I have seen a few conflicting information about this. But I think it's something like 4 times the difference..I am working on this part soon myself, the affidavit of support. So somebody more knowledgeable about this please correct me if needed

[VanessaTony 3,567]

If you don't have quite enough to meet the income level, you can also use assets (savings etc) however there is some formula that goes into this, it isn't as easy as if you have the difference in your account it is good, I have seen a few conflicting information about this. But I think it's something like 4 times the difference..I am working on this part soon myself, the affidavit of support. So somebody more knowledgeable about this please correct me if needed

Using assets to make up the difference is better explained in the I-864 instructions found here: http://www.uscis.gov/files/form/i-864instr.pdf pages 8 and 9.

If you're sponsoring your spouse or child the difference must be times three. For instance. If you only have an income of $15,212 which is $3K less than the requirement you actually need 3 times the $3000 meaning $9000 in assets to make up the difference. Apparently the fiancee is considered an immediate relative so the three times for assets difference would apply here for the USC fiance.

If your co-sponsor is using assets to make up the difference they would need 5 times the difference because they're not a spouse or minor child of the person they're sponsoring. So in the previous example, $3000 x 5 is $15,000 so the co-sponsor would need $15K in assets.

[sanchai23 0]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

Hi,

U can use the latest as possible. Since you didnt file the feb yet, u can use the last yr. So, u can file as soon as possible. As long as the same job and the same income. In filing a petition, u need to pass all the requirements and one of that is affidavitit of support. If you file the petition with lack of requirements the immigration will return it back to you.

[M&S forever 4]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

Hello,

We are K1 I-129F filler and as I know you no need submit any of your taxes record for send petition, you will need get your tax and affidavit of support Form I-134 after getting your NOA2.I suggest you do not waste money on lawyer and just follow on instruction on USCIS( www.uscis.gov) website.

Good Luck

M&S

[Darnell 8,478]

Ok so I printed out all the papers to mail to uscis

If you'll note, USCIS does not have any requirement for the I-134 . The lawyer is asking for raw tax data for the I-134, and the I-134 is presented on VISA INTERVIEW DAY, at a US Embassy/Consulate IV Unit, anywhere from 5 to 11 months after yer initial I-129F filing date.

Please study the GUIDES here on Visa Journey -

train/scan/track yer eyeballs UP, find the word 'Guides', click it.

Pick the appropriate guide - and STUDY IT.

[matuk tuokan 2]

Ok so I printed out all the papers to mail to uscis but my mother spoke to a lawyer and he says I must wait to fil my taxes for this yr before I can fle the petition. I thought I could mail this first as it doesn't contain info on my income. The affada vit of support is not mailed until later right? Please advise I'm so confused. I want to get the process under way since it takes so long and I cnt file taxes until feb

[matuk tuokan 2]

If you trust your lawyer let the lawyer do all the necessary works for you base on the lawyer expertise maybe his right base on his experienced,because when you file all documents needed to send should be all complete to avoid request for Evidence.take your time dont rush up everything.