single mom of 3 and unemployed but need sponsor

[Rufus2012 175]

Hi Waiting...

It's my understanding that if the fiance enters on a K-1 he's bound under the entire provision of the K-1 and using a TN-1 won't be a possibility. I'm sure someone else can answer this definitively but I'm pretty sure that's the case. If I'm mistaken I apologize.

I think you're right, the visas are mutually exclusive for employment, but I am not sure. I should have been more precise in my language, I meant that the OP should investigate whether this was a possibility, not that I knew it to be one. Thanks for catching the error.

[evelyn1140 18]

Thank you for your help. I only get by with child support monthly. But my ex has a good job and his child support more than helps me pay for all expenses. But now that I understand better, I guess I better start looking again for a sponsor.

Thanks again.

u should ask your lawyer to sign.. He is taking your money

[JoannaV 174]

You misunderstood your lawyer's email, however it was easily misunderstood as you basically had to already know all about the process in order to understand it! Oh well.

You can include child support in your income, and your fiance can use his savings. Thought I should mention this just in case it qualifies you, though I'd expect the child support to be not all that high and for all I know your fiance has $0 savings. But check.

Otherwise, you will indeed need to find someone willing and able to be a sponsor. You will need this before your fiance can get his visa.

It is possible to have a sponsor for the K1 but not use the sponsor for AOS, if you find a job between now and then. So conceivably once your fiance arrives he could provide childcare whilst you work, thus avoiding the need for a sponsor at AOS. (And then once he gets his green card he can find an engineering job and you can quit your job.) Not really a desirable way of doing things, but might be an idea if you find it hard to find someone willing to sponsor your fiance: for example, maybe you have a family member who meets the income requirements but is doubtful about the long-lasting legal obligations of the I-864, in which case they may be willing to be a sponsor for the visa if they know that they probably won't have to do it at AOS.

[Deputy Purple 1,294]

You can include child support in your income

Actually Child Support isn't her income anymore than Social Security Benefit Payments for the children would be. The Child Support is quite specifically for the children and you can't use income from someone under 18 on the I-864.

[katiemanny 64]

Actually Child Support isn't her income anymore than Social Security Benefit Payments for the children would be. The Child Support is quite specifically for the children and you can't use income from someone under 18 on the I-864.

That's correct, child support is not and should not be reported as Income, neither party can deduct child support in their Income tax return.

[meandmybeloved 15]

that sux, the lawyer shoulda known better when u submitted photos to him w/o dates on them (i annotated on the back & used stickies on my photos to tell who, what, where & when the photos were taken)

ur a may csc filer & alrdy got ur rfe, so ur noa2 could be anyday now (the rfe shoulda been ur noa2)

so hope & pray & also make a lotta phone calls to ppl u know & c if they will be willing to co-sponsor u, b/c ur noa2 might be around the corner & after that the whole process just goes by way 2 fast

gl

Thanks a lot for your reply. That's what I was thinking too on the RFE should have been our NOA2. If we knew that our photos should have had dates on them after us only reading about it after the fact, then this so called professional should have known better and saved us time so that we didn't get a denial. Hoping and praying that my sister and her husband will agree to co sponsor.

thanks again for the positive side of this.

[meandmybeloved 15]

u should ask your lawyer to sign.. He is taking your money

LOL, that is very true, maybe I should ask him to be my co-sponsor.

[meandmybeloved 15]

I would seriously look at doing a cr-1. You still will need a cosponsor but then you new husband will hit the ground running with a green card and be able to work instead of waiting until you can afford to as later

I will look into the cr-1. Thanks.

And believe you me, I have been doing so much reading and reading and more reading since i have found this site, and it has really helped me understand the process a lot better.

[meandmybeloved 15]

If your fiance is a Canadian citizen, he might be eligible to find employment based on a NAFTA visa (TN-1, IIRC). That could get him working sooner than the 3 to 6 months quoted here for employment authorization.

I will look into this. Thank you for your advice and info. Much appreciated.

[Gosia & Tito 199]

Your telling me!!!! We got a RFE because they wanted photos that had date stamps on them. We had no real primary evidence because we live only 8 hours apart and my fiance drives here every month. They told us nothing about photo's needing dates on them, nor did they explain primary evidence or secondary evidence. We only found this site this month and thank god we did. This site has been awesome. What I don't get is why on earth did my attorney not recognize that we had no real primary evidence and tell us right away before they sent it out that we needed to provide photo's with dates on them.Wwe had lots of photo's from each month and gas receipts from his travels and toll booth receipts. They also cost us 6 weeks of waiting till they finally submitted our I-129F to the USCIS because they would only speak to us via email only. I have been thinking about firing him and taking over from this point on. So upset that they are not acting very professional. Not to mention that they won't talk to us about the next steps in the visa process until we get a approval. So basically they are leaving us in the dark, but the laugh is on them. Cause my fiance and I have been learning so much from this site and all the research we have been doing.

My fiance is a hard worker and works 2 full time jobs now in canada and he is a quality engineer and hopefully won't have a problem finding work when he gets here and is allowed to work.

Thanks

Not to be negative and knowing full well how this could sound as 'time wasted'; I think you should at least consider and understand the CR1 process. It would to start over but will provide a GC to your spouse since day 1. Given what you write about a job he has and his coming over frequently, etc, etc. You have to check CR1 in your specific case, but it's looking to me as if could be your best course of action. The 129 will have your spouse not working for a minimum of 2-3 months after marriage and without the possibility of leaving the country; unless a financial hardship advance parole is approved, which no one can guarantee.

With a CR1, as you will read, he continues working in Canada, you marry him soon, he can still come visit while the CR1 is in process; once approved, the GC is given immediately, he can leave the country and continue current work until he finds something this side of the border. The down side is that you would need to withdraw the 129F and start a new process, new fee, etc.

While he might have no problem finding a job here, the best situation is to look for a job while you have one.

As I said, at least check into that.

Edited September 20, 2011 by Gosia & Tito

[Shirley Ann 6]

Just a thought.. if you are a member of Church maybe speak to your minister? Perhaps the Church would consider doing it? I don't know if an organization would even be acceptable but it could be worth a try if you have no friends or family members who can or will?

[SMR 368]

A interesting thread but I am a little confused about the subject of dates on photographs. You set the date in your camera and your camera then stamps that date onto the photo. There is no way to verify that it is the actual date. Further, if the photos are taken on a digital camera you can add the date stamps on a computer after the fact with little trouble. The fact that USCIS would even suggest date stamps as a means of verification is further evidence of the run-around fraud that USCIS is perpetuating.

If you are taking pictures and want to use them as primary evidence, I recommend taking a picture with something else in the photograph that verifies the date (such as a newspaper). Obviously this can also be photoshopped but it's much more difficult. In general photographs are not primary evidence and the suggestion that date stamps make them such is rather absurd, more so coming from USCIS.

[hikergirl 277]

I was just remembering about the EI thread: VisaJourney EI Thread

When we leave a job in Canada we are usually entitled to Employment Insurance. From reading some of the thread, there is a bit of delay for K1 filers but he would be able to claim when he is in the US. It wouldn't hurt to read up on it for later on in the journey.

[meandmybeloved 15]

I was just remembering about the EI thread: VisaJourney EI Thread

When we leave a job in Canada we are usually entitled to Employment Insurance. From reading some of the thread, there is a bit of delay for K1 filers but he would be able to claim when he is in the US. It wouldn't hurt to read up on it for later on in the journey.

Thanks alot for that info. Willing to look into all the different idea's people have been so helpful to offer here on this site.

[JoannaV 174]

Actually Child Support isn't her income anymore than Social Security Benefit Payments for the children would be. The Child Support is quite specifically for the children and you can't use income from someone under 18 on the I-864.

That's correct, child support is not and should not be reported as Income, neither party can deduct child support in their Income tax return.

Maybe I'm being dumb, but then why do the I-864 instructions say the following:

"If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."