Two questions: Affidavit of Support and another on the actual form

[SalvySoccerChick 0]

Hello!

I am new to this site and am looking forward to starting this journey with the help of all you!

I had a couple of questions I was hoping to get some help on.

My situation: I am currently a senior at college and will graduate this May and my fiancee lives in El Salvador. I have been offered a job position starting in September and will be making somewhere between $35-45,000. My plan was to get married this summer before I started my job and then start the CR1 filing process for my soon-to-be husband in October/November( it seems this one is the least expensive and will allow him to work when he gets here). I am hoping this will mean he will be here by next September.

The problems that I'm seeing now is that because I am in college right now, I have only been working part-time so my past tax returns do not meet the required income level. By the time that I file and my husband by then will have his interview I will only have been working a couple of months. Even if I do have a chance to file, it will not include a whole year of my pay stubs, so I will probably still be below the requirement. I know that the El Salvador embassy seems to be a real stickler about this and I am worried that I will be denied because of this. Will the fact that all 3 years of my income taxes do not prove that I am above the poverty line weigh more than my current income?

SECOND (I know I have a lot of problems) but one of the questions on the form asks if my "foreign relative" has ever been in the United States. My man came to the US undocumented a couple years ago and then returned for family reasons. He got a Salvadoran passport while in the US and then flew back to El Salvador. Will this hurt our chances?? Do I have to report it? I'm assuming I do and if so how would I exactly word this???

THANK YOU SO MUCH FOR YOUR HELP! I havent even started the process and its completely overwhelming.

[YuAndDan 153]

Sounds like by the time you marry, file I-130 and eventually get approved and the Affidavit of Support is requested, you WILL have enough evidence of work to show able to support immigrant. (Recent pay-stubs, and employer letter showing you salary being more than enough.)

SECOND, NEVER LIE, getting caught in a lie is far worse than dealing with a possible waiver. A Lie is Misrepresentation it results in a permanent BAN. If had been in the USA even without inspection then must report this, the consulate and immigrations can figure this out since had to use passport when leaving the USA. Leaving voluntarily may be the saving thing.

[twenty2 0]

Hello!

I am new to this site and am looking forward to starting this journey with the help of all you!

I had a couple of questions I was hoping to get some help on.

My situation: I am currently a senior at college and will graduate this May and my fiancee lives in El Salvador. I have been offered a job position starting in September and will be making somewhere between $35-45,000. My plan was to get married this summer before I started my job and then start the CR1 filing process for my soon-to-be husband in October/November( it seems this one is the least expensive and will allow him to work when he gets here). I am hoping this will mean he will be here by next September.

The problems that I'm seeing now is that because I am in college right now, I have only been working part-time so my past tax returns do not meet the required income level. By the time that I file and my husband by then will have his interview I will only have been working a couple of months. Even if I do have a chance to file, it will not include a whole year of my pay stubs, so I will probably still be below the requirement. I know that the El Salvador embassy seems to be a real stickler about this and I am worried that I will be denied because of this. Will the fact that all 3 years of my income taxes do not prove that I am above the poverty line weigh more than my current income?

SECOND (I know I have a lot of problems) but one of the questions on the form asks if my "foreign relative" has ever been in the United States. My man came to the US undocumented a couple years ago and then returned for family reasons. He got a Salvadoran passport while in the US and then flew back to El Salvador. Will this hurt our chances?? Do I have to report it? I'm assuming I do and if so how would I exactly word this???

THANK YOU SO MUCH FOR YOUR HELP! I havent even started the process and its completely overwhelming.

First, is your fiancee is in El Salvador? If he is, then I suggest that you should file a I-129F/K1 Visa (Fiancee petition). So, he will be able to travel to the US and marry you here.

But if he is in the US, you should file I-130 after you marry him in El Salvador or here if he is living here illegally.

For the Affidavit of Support, if your tax return and your current income its below the poverty line. Then you can get somebody to sponsor him. This is legal. But you need the other person to offer his or her information: tax return, pay stubs and prove of employment. I know this is very sensitive and hard to find someone who is willing to do this. Maybe a family member can do it.

Since he got his Salvadorean passport in the US (while he didn't have papers)- they definitely know he was here at some point then you should mention it.

=========================

K1-VISA

AOS & EAD TIMELINE

02/01/2011 Submitted AOS & EAD (I-485 and I-765)

02/02/2011 Delivered to Chicago Office Lockbox (Day 1)

02/07/2011 Transfer to begin Process at USCIS National Benefits Center in Missouri (Day 6)

02/11/2011 Check cashed (Day 10)

02/12/2011 Case Touched or Reviewed by an agent at USCIS I-485 and I-765 (Day 11)

02/14/2011 Received Receipt for AOS & EAD (I-485 and I-765) (Day 13)

03/01/2011 Case I-485 Touched or Reviewed by an agent at USCIS - AOS (I-485) (Day 28)

03/01/2011 Transfer to speed up process to the California Service Center (Day 28)

03/07/2011 Case I-485 Touched or Reviewed by an agent at USCIS (Day 34)

03/07/2011 Received Letter confirming the transfer to California Service Center (Day 34)

03/08/2011 Received Biometric Appointment for March 30 (Day 35)

03/30/2011 Biometrics Done (Day 57)

04/08/2011 EAD Card Production ordered (Day 66)

Edited April 11, 2011 by twenty2

[SalvySoccerChick 0]

Thank you both for your quick responses.

I don't have anyone that will be able to sponsor him but as a college graduate and soon to be entering the work force I hope that the Salvadoran consulate will see that I am more than capable of meeting this requirement... problem being that I have no back up.

And my fiancee is currently residing in El Salvador but we thought that getting married in El Salvador and then asking for him as my spouse through the CR1 visa might be the smarter thing to do. It may take a little longer but in the end, it would be worth it because it cost less than the K1 visa and will allow him to work when he gets here. Or will I be better off just keeping him as my fiancee and processing it that way?

OK.... So would I just state that he lived undocumented in the United States for a couple of years and then returned voluntarily??? Seems easy enough, just worried about how they will take it.

[YuAndDan 153]

Thank you both for your quick responses.

I don't have anyone that will be able to sponsor him but as a college graduate and soon to be entering the work force I hope that the Salvadoran consulate will see that I am more than capable of meeting this requirement... problem being that I have no back up.

And my fiancee is currently residing in El Salvador but we thought that getting married in El Salvador and then asking for him as my spouse through the CR1 visa might be the smarter thing to do. It may take a little longer but in the end, it would be worth it because it cost less than the K1 visa and will allow him to work when he gets here. Or will I be better off just keeping him as my fiancee and processing it that way?

OK.... So would I just state that he lived undocumented in the United States for a couple of years and then returned voluntarily??? Seems easy enough, just worried about how they will take it.

You are doing the correct thing, CR-1 spouse visa is the way to go.

In either case CR-1 or K-1 you will have same problems with the undocumented residence in the USA, both visa types are handled by the same department at he US Consulate.

Yes, if that was the only time had to leave the USA then it is a fairly easy over-come, an I-601 may be required if the consulate requests it.

In this case a spouse would be the better approach, can easily claim hardship being separated from a spouse vs fiancee, being married is considered more committed than just being engaged.