I AM SO LOST. Beware of language.

[Alicey 6]

@JimVaPhuong: I hadn't thought of it in terms of the doctor's surgery thing. It does make sense I suppose. It's just SO frustrating. And it's not as though it's been small differences like, say, the fee for a form. Everything I've been told by an official has completely contradicted what someone else has said. Completely.

[Barbara J 115]

Hi everyone,

First off, I am normally a very calm and happy person and this is so unlike me. But USCIS have pushed me right to the edge and I can't cope anymore. I want to be back in the US with the man I love and they're doing everything they can to stop me.

It's not enough to charge us $455 just to file the initial I-129F, which is nothing but a REQUEST to ASK for a visa. They then have to reduce that fee, just a few weeks after we've filed it, for everyone else. It's not enough to charge me $350 for my interview, whether I get the visa or not. On top of £200 ($300) for a medical exam I could have for free with my own doctor - oh but no, it HAS to be YOUR doctor. When I arrive in the U.S. - assuming by that point I haven't wound up in a cell for storming the gates of the embassy with a gun - they want to charge me $1070 to fill out another form and have ANOTHER, completely unecessary but absolutely compulsory, medical exam.

On Christmas Eve I received my I-797 (I think that was what it was called) or approval notice. It had NO instructions on it but said to follow any instructions listed. I called both USCIS and the London Embassy and was told this:

I have to file the DS230 part 1; the DS156 and DS156K; DS157; DS2001K and the I-864. The I-864 is also called the I-134. I have to pay a $350 MRV fee for my interview, which I pay on the day. I can work from the moment I land in the U.S.

That seemed a little too good to be true, when I thought about it. So I called back to double-check and obviously was put through to someone else.

They told me: I have to pay the MRV fee BEFORE my interview and as soon as possible; I have to file the I-765 when I get married in order to work; no I can't work while I'm in the U.S. but we haven't married yet; I have to file all those forms and have an interview THEN have a medical exam.

I've lost count of how many people I've spoken to since who have told me completely different things. But today was the end of it.

My fiance doesn't earn 125% of the poverty line. We were waiting on him to get a bonus from the army thinking he would have enough in his accounts then to satisfy USCIS. While we were waiting we found out it isn't and we need a co-sponsor. So all of those forms listed (except the I-765) are sitting right beside me now, signed and filled out ready for my interview. Apart from two pages of the I-864: the one with his bank details and the one with a co-sponsor.

Today I made the mistake of calling USCIS, thinking I'd see if I can pay the MRV fee so it's out of the way and not going to delay me getting an interview and ultimately a visa. The guy I spoke to today told me I can pay the MRV fee now but it processes immediately (so it won't hold up our visa and there's no real need to pay it now); my visa 'may or may not be approved' if my fiance doesn't earn 125% of the poverty line and we don't have a sponsor; and oh by the way, no you don't need to file those forms. You don't file the I-864 but the I-134.

So they're telling me that the forms I've painstakingly filled out since Christmas Eve aren't the right forms. They're telling me the forms that Justin and I lost sleep over, argued over and came close to giving up over are irrelevant. They're telling me that it doesn't matter what another U.S. Embassy official told me, this is what I'm being told now and that's what I should listen to.

Well I've just LOOKED at the I-864 and the I-134 and they're COMPLETELY different. Most importantly, the I-134 doesn't have any option anywhere for a co-sponsor.

FOR GOD'S SAKE THEY ARE PROFESSIONALS. THEY ARE SUPPOSED TO BE THE PEOPLE WHO KNOW WHAT THEY ARE DOING.

I am SICK of being told different things by everyone. I am SICK of the so-called professionals not knowing the answers to my questions. I can't take any more of this.

WHAT do I do now? We have filed the I-129F. That was back in October. We asked to put a rush on the visa because my fiance was told he's deploying to Afghanistan. We're up to the point now where we've received our approval notice and I'm just waiting on my interview.

WHAT DO I DO? I don't trust USCIS anymore. They've done nothing but make things worse.

When do I pay the MRV fee?

What forms do I need to file now?

When do I have my medical?

Can we still get someone to sponsor us?

How does that work? The I-864 makes it seem to be something like this: my fiance and I are going to have a household size of 2, so we need to earn x amount. If we don't, we can get a co-sponsor. But their eligibilty depends on their household size, COMBINED with ours. For example, the people we are thinking of are my fiance's oldest family friends. Both of them were married before they met each other so they each have 2 children. They may make quite a bit of money, but if they sponsor us it means the household size will be 8 (the husband; his two children; wife; her two children; my fiance and I) and so they need to be LOADED to sponsor us.

I have never been so lost and disheartened all my life. Please help

Thank you.

I understand what you are going through and yes it is very expensive. I actually added up the other night all our costs along with my air fares and trips I had here and I have spent nearly 10,000 sheesh But as I understand you have not been approved yet? You have only received your NOA1 797 receipt in December? Yes? SO you still have to wait to be approved yet and get your NOA2 then your petition is forwarded to NVC and then on to London. Like everyone said no you only fill out 134 now from your USC fiance . The I-864 is for after your marriage and you apply for AOS (adjustment of status) residency. And also again as told you don't have to have another medical when you get here as long as it is not over 12 months old. All you need is to have a vaccination supplement and transfer it over to a I-693 from a civil surgeon here in US nominated by USCIS. Yes it is expensive the AOS $1070 but it's the price we pay to be with the ones we love.

I would not stress too much Alice as all this will come to fruition soon. Just correct me though if you have received your approval NOA2. Don't be worried about the AOS now you need that when you are here. What you need now is your approval and a case number allotted by NVC sent to London and then as I see you all make your appointment there and then collect all the documents you need for interview.

Hope you feel better soon, it's really not so bad.

[Alicey 6]

I don't understand. Filling in just the I-134 for my fiance will show them that he doesn't make anywhere near 125% of the poverty line and he doesn't have enough in his accounts, property etc to make up 5x the difference they ask for. Surely they'll then deny my visa? There is literally no way my visa can be approved without a sponsor so surely they should each fill in an I-134 before my interview?

I don't know what an NAO2 is... But yes, my case has been sent to the London embassy.

[Inky 1,111]

NOA 2 is the paper the USC gets in the mail saying that your petition was approved and is being forwarded to the NVC. You must have the NOA2 its very important and costs around 400$ to replace it if you do not have it. It is required for AOS, and some embassys require a copy of it at the interview.

Regardless of the fact he doesnt make 125% he must fill the I-134 form. He is the one who is petitioning for you, he can then get a co-sponsor or joint sponsor to help.

[KemalTuanaYalcin 16]

I am so sorry you are feeling so frustrated but I agree that sometimes you will receive different information from USCIS, but I have learned too that you have to be very clear in speaking with them about exactly the type of information you are seeking and the nature of the petition or application you are filing etc.

Now to help you answer some of your questions, I have found that the most reliable information pertaining to what forms you will need for the interview can be located online at the consulate where your interview will be conducted. Many of the instructions will contain information on the types of forms you will need to fill out. I would then suggest you go back into the USCIS website, locate those forms and also print out the instructions that go along with those forms.

I hope this information is of some help and in all honesty there is a lot of information that you can locate right here on VJ to assist you as well. Especially if you go into your country's portal!

Good luck and best wishes with everything!

[Harpa Timsah 13,258]

This is what I'm really confused about. Ok, so I file the I-864 after I get to the U.S. (right?). So technically I don't need to worry about it now. But take a look at page 3 of the form: http://www.uscis.gov/files/form/i-864.pdf , question 21. My fiance and I are looking at having two sponsors: one of the oldest family friends, and my fiance's sister. So surely for the family friend the household size number would be 5 (her; me; her husband and her two children), and for my fiance's sister it would be 3 (her; me, my fiance her sibling). You don't count anyone twice but surely that means that between myself and my fiance, my fiance's sister and family friend, we have a 'household size' of 7 (family friend; family friend's husband; family friend's two children; me; my fiance; my fiance's sister) and between us have to make $41,587? Regardless of when I file that form, surely the I-134 follows the same guidelines.

In other words, it's not a case of "well his sister's household size is 3 but she doesn't quite make $22,887, so let's get another sponsor too", because the more sponsors we have the money there needs to be? It's not like "we don't make $18,212 between us so we just need to find someone who makes more than the difference between what we make and what we need to make".

Do you see why I'm SO CONFUSED?

Thank you all for your help. It's been so comforting.

You can only have one co-sponsor. Don't complicate it. Your to-be husband will be the main sponsor, and he will get ONE co-sponsor. That sponsor needs to qualify ON THEIR OWN. You cannot add together salary unless you live with them. You sister-in-law sounds like a better candidate (no kids). The household size would be you and her.. TWO. Don't include your fiance in any count, and why do you think you should count her sibling? Is her sibling a minor who depends on her sister for support? You don't add together all of your households... Find one person, add yourself, and count anyone who lives with them and relies on their financial support (ie children). And yes, get a co-sponsor for the I-134... just ONE. The same one you will use later on for the I-864. Good luck.

[YuAndDan 153]

Hi everyone,

Thanks so much for your replies, and for the speed of them. I didn't expect that!

Bad news is that yes he is in the army but he's not active duty, so he does have to make 125% of the poverty line, not 100%. He's at university on an army scholarship, so technically all he makes is his monthly drill pay, which works out to be less than $5000/year. However his scholarship pays EVERYTHING for him - even meals, clothing allowance, books, tuition, housing, everything - so he has no expenses. If we can prove that, will that count for anything to USCIS?

So it sounds like I have to get each sponsor to fill out an I-134. That seems to make sense. And I then bring it with me to the interview?

This is what I'm really confused about. Ok, so I file the I-864 after I get to the U.S. (right?). So technically I don't need to worry about it now. But take a look at page 3 of the form: http://www.uscis.gov.../form/i-864.pdf , question 21. My fiance and I are looking at having two sponsors: one of the oldest family friends, and my fiance's sister. So surely for the family friend the household size number would be 5 (her; me; her husband and her two children), and for my fiance's sister it would be 3 (her; me, my fiance her sibling). You don't count anyone twice but surely that means that between myself and my fiance, my fiance's sister and family friend, we have a 'household size' of 7 (family friend; family friend's husband; family friend's two children; me; my fiance; my fiance's sister) and between us have to make $41,587? Regardless of when I file that form, surely the I-134 follows the same guidelines.

In other words, it's not a case of "well his sister's household size is 3 but she doesn't quite make $22,887, so let's get another sponsor too", because the more sponsors we have the money there needs to be? It's not like "we don't make $18,212 between us so we just need to find someone who makes more than the difference between what we make and what we need to make".

Do you see why I'm SO CONFUSED?

Thank you all for your help. It's been so comforting.

Note: You dont file the I-864, your then spouse provides one as primary sponsor, and a Joint sponsor can also provide one as a joint sponsor.

This is not confusing.

We will drop the term Fiancee I-864 will be used for a spouse after marriage..

US Citizen Petitioner (The person who filed I-129F for fiancee visa) WILL be Primary Sponsor, and WILL provide an I-864.

IF income is insufficient, and using a Joint Sponsor, the Joint sponsor also will provide an I-864, If the joint sponsor relies on a family member like a spouse, that family member (Spouse) can provide an I-864A to add their income to that of the Joint sponsor.

The Do Not count someone twice thing seems to confuse people, Your future spouse will count you as IMMIGRANT, not spouse on their I-864.

[JimVaPhuong 4,863]

This is what I'm really confused about. Ok, so I file the I-864 after I get to the U.S. (right?). So technically I don't need to worry about it now. But take a look at page 3 of the form: http://www.uscis.gov/files/form/i-864.pdf , question 21. My fiance and I are looking at having two sponsors: one of the oldest family friends, and my fiance's sister. So surely for the family friend the household size number would be 5 (her; me; her husband and her two children), and for my fiance's sister it would be 3 (her; me, my fiance her sibling). You don't count anyone twice but surely that means that between myself and my fiance, my fiance's sister and family friend, we have a 'household size' of 7 (family friend; family friend's husband; family friend's two children; me; my fiance; my fiance's sister) and between us have to make $41,587? Regardless of when I file that form, surely the I-134 follows the same guidelines.

In other words, it's not a case of "well his sister's household size is 3 but she doesn't quite make $22,887, so let's get another sponsor too", because the more sponsors we have the money there needs to be? It's not like "we don't make $18,212 between us so we just need to find someone who makes more than the difference between what we make and what we need to make".

Do you see why I'm SO CONFUSED?

Thank you all for your help. It's been so comforting.

They don't rack up all of the affidavits of support into single mondo affidavit, with a single huge household.

First of all, there can be only one primary sponsor and, if needed, one joint sponsor for each immigrant. You can't stack up joint sponsors like that except in very specific circumstances. Those specific circumstances are that a single sponsor, whether it's the primary sponsor or the joint sponsor, can have a qualified household member or dependent sign a contract agreeing to make their income available to support the immigrant. In that specific circumstance, the qualified household member or dependent would sign an I-864A, and the household member or dependent's income would be carried over to the sponsor's I-864 - kind of like tax forms. This allows a qualified household member or dependent to combine their income to help the sponsor qualify. In order to be a qualified household member the person must be included in the household size of the sponsor's I-864, they must be the spouse, parent, or child of the sponsor, and they must live in the same residence as the sponsor. A dependent is anyone the sponsor claims on their tax return as a dependent, regardless if they are related or live in the same household. A dependent must also be included in the sponsor's household size on their I-864.

If either your family friend or your fiance's sister meet the criteria above - qualified household member or dependent of your fiance - then they can sign an I-864A and combine income with your fiance. If either of them are a qualified household member or dependent of the other then the qualified household member or dependent can sign an I-864A for the other one. If none of these conditions apply, then they can't all be sponsors. You're going to have to pick one.

What USCIS wants is a contract from the primary sponsor that requires them to support the immigrant, and obligates them to reimburse the government if the immigrant collects means tested benefits. They also want the primary sponsor to prove they meet the income requirements to guarantee the terms of the contract. If the primary sponsor does not meet the income requirements then they want a joint sponsor to sign the same contract, and meet the same requirements. Except for the specific exception of a qualified household member or dependent, they do not consider the joint sponsor's income, assets, or household size when determining if the primary sponsor is qualified. Likewise, they do not consider the primary sponsor's income, assets, or household size when determining if the joint sponsor is qualified.

You need ONE sponsor who has sufficient income and/or assets for THEIR OWN household size, including the immigrant. If that ONE sponsor is not the primary sponsor, then it must be the joint sponsor.

CAVEAT: Everything I said above about qualified household members and dependents does NOT apply to the I-134. There is no I-134A form, so there is no way for a household member or dependent to combine income with a sponsor submitting an I-134. The other rules regarding joint sponsors are generally applied to the I-134, just as they are with an I-864. You need a joint sponsor who is qualified on their own to sponsor the immigrant.

[YuAndDan 153]

You can only have one co-sponsor. Don't complicate it. Your to-be husband will be the main sponsor, and he will get ONE co-sponsor. That sponsor needs to qualify ON THEIR OWN. You cannot add together salary unless you live with them. You sister-in-law sounds like a better candidate (no kids). The household size would be you and her.. TWO. Don't include your fiance in any count, and why do you think you should count her sibling? Is her sibling a minor who depends on her sister for support? You don't add together all of your households... Find one person, add yourself, and count anyone who lives with them and relies on their financial support (ie children). And yes, get a co-sponsor for the I-134... just ONE. The same one you will use later on for the I-864. Good luck.

Correct, at the time, I lived at home when i sponsored my wife, I only counted myself and immigrating wife on my i-864. I did NOT count my parents on my I-864 even though I lived at home with them, I may live in their home, but they are NOT my dependents, and I am not a dependent of theirs either.

So for example if I used them as a joint sponsor, they would not count me as a dependent member of their household..

[villaspurs 65]

Hi everyone,

First off, I am normally a very calm and happy person and this is so unlike me. But USCIS have pushed me right to the edge and I can't cope anymore. I want to be back in the US with the man I love and they're doing everything they can to stop me.

It's not enough to charge us $455 just to file the initial I-129F, which is nothing but a REQUEST to ASK for a visa. They then have to reduce that fee, just a few weeks after we've filed it, for everyone else. It's not enough to charge me $350 for my interview, whether I get the visa or not. On top of £200 ($300) for a medical exam I could have for free with my own doctor - oh but no, it HAS to be YOUR doctor. When I arrive in the U.S. - assuming by that point I haven't wound up in a cell for storming the gates of the embassy with a gun - they want to charge me $1070 to fill out another form and have ANOTHER, completely unecessary but absolutely compulsory, medical exam.

[snip]

First of all, I hope you get this all sorted out soon--I know how frustrating it is to feel like you are running around in circles!

Second, while I am probably being paranoid, I just want to caution you about posting what could be construed as threats against the U.S., even in a jokey context. There are rumors that these boards are monitored/checked, and while London tends to be a fairly easy consulate to move through, it's just never good to have a post about storming embassies out and about! Again, I'm sure I'm being paranoid, but it might be better to err on the side of caution.

[Harsh_77 718]

I have heard mutterings on the forums that at certain points-of-entry CBP officers will issue a 90 day work permit on request.

Perhaps someone with a little more knowledge can confirm/deny this? Cheers.

No I don’t think this is right information as officer on point of entry does not have authorization to let you work for 90 days.

The visa rules and regulations are set and officers cannot just tweak them on their choice.

[Alicey 6]

@Villaspurs: Thanks. I will take care of that.

@Harpa Timsah: on the I-864, included on the list of people to count is: "If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here". When my sister-in-law fills out the form she will be combining her income with my fiance (her brother/sibling), which is why I asked if he is counted there.

So, can someone please tell me if I have this right now:

Although we won't be living with her, my sister-in-law (to-be) will have a 'household size' of 2: me 'the immigrant' and her, the joint sponsor. Her own fiance won't count in the household size. My fiance the USC and I will have a household size of 2, me 'the immigrant' and him, the main sponsor. In order for my visa to be granted, my fiance has to make $18,212 each year. He doesn't. So we can have my sister-in-law be our sponsor, but in order to qualify as a sponsor she also has to earn a given amount, which based on her household size also happens to be make $18,212?

That is working from these guidelines http://www.uscis.gov/files/form/i-864p.pdf and assuming that both my fiance and my sister-in-law file their own I-134 (and, later, I-864).

[Harpa Timsah 13,258]

on the I-864, included on the list of people to count is: "If you have siblings, parents, or adult children with the same principal residence

Although we won't be living with her, my sister-in-law

That answers your question. You won't be living with her, so she is not in the same principal residence, and therefore you don't need to add all of you up. From the rest of what you wrote, I think you are on the right track. Your husband, main sponsor, your sister-in-law, co-sponsor, with a "household" of 2: you and her (perhaps this is where you are getting confused. The co-sponsor is agreeing to be responsible for the immigrant, even if they do not live together. That is the one exception to the definition of "household" here).

[Alicey 6]

Thank you so much.

Finally some good news: my sister-in-law has agreed to sign the visa for us and makes more than the given amount. Finally I can notify them that I am ready for my interview!