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Filed: AOS (apr) Country: Venezuela
Timeline
Posted

look.. you apparently don't know how to do this... *neither do i but i admit it and i am learning exactly how this process works by learning from OTHER PEOPLES MISTAKE*

you came here and asked..

you have been given great answers, by people that are very knowledgeable..

yet.. you want to try to cheat the system.. and not listen..

i say, go ahead.. do it your way.. you are on to something that nobody else has ever thought of before.. it will for sure work.. go for it!! :devil:

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

Posted

Savings doesn't mean that much. You're safer with a co-sponsor.

Savings certainly does mean a lot. Do you think the only money that counts for sponsorship is money from a J-O-B job?

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: AOS (apr) Country: Thailand
Timeline
Posted

It sounds you don't understand what does it mean to show proof of income. They ask you to show them how much you're making each year. If you're not making any then you should ask someone who's willing to show how much money they're making and it has to be above the poverty guideline.Find a job asap. Doesn't matter how much you're making. Then ask your mom to be your co sponsor. These two things are not hard at all.

Posted

Have several questions, items that I think will help other people to provide best advice.

You say you are living in Mexico, first question: You are a US citizen, right?

Second, if you all are in Mexico, K-1 is perhaps not the best route. I'd think CR1, which requires you marry in Mexico. Time wise is similar to K-1, with the plus that is an automatic GC once done; that way, if and when you move to the US, husband can be eligible for work immediately.

As other posters say, money in the bank suddenly appearing is not something that will help much. The government here is looking for some evidence that he will not become a burden, a job (the USC having a job in the US) is the most common way to do that. I'm not sure exactly how your case is as it seems you have been in Mexico for some time. Having or not a job in Mexico can be (and not necessarily 100% of cases) irrelevant when your intent is to move to the US; hence the CR1 route which would have spouse able to work since day 1. Will from grandfather is great, but as you know, cost of living in the US can wipe that out very fast; and then what?

Overall, it seems you would need a co-sponsor, and you might want to check form i-864 which is really the one that counts, and based on that; determine if a co-sponsor is needed. The I-134 is not an indication of what you would need to proof.

As other posters have said, don't try to bend things, it can come back to you. And also as they said, is not a financial snapshot what USCIS is looking for, but evidence of continuous and steady income which reflects in bank accounts being kept over time in a growing state, as well as a job to sustain that flow coming in.

Good luck

Why is everyone so upset over what the OP proposes? Why would it be a "lie" for her to receive advance funds from a future inheritance? And why would that money not be adequate for the I-134?

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Why is everyone so upset over what the OP proposes? Why would it be a "lie" for her to receive advance funds from a future inheritance? And why would that money not be adequate for the I-134?

I don't think anyone is "upset" over what the OP is proposing - it's her journey, not ours.

What I believe is the most disturbing is that first she says that she'll just simply tell the Consulate that she no longer has a job (she never had one - so lie numero uno), and then she says her mom will simply deposit funds into an account for her to show economic stability sufficent to support her fiance...

The mother (who was alluded to as being a possible co-sponsor) is no longer employed (the OP said she is waiting for a settlment from something).. So the mom is not a viable co-sponsor unless she has assets to support her family size + the fiance (I believe the number was 6 people). Link is here to USCIS poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

So - for 6 people the guideline is $29,990 + 25% = approximately $7,500 = $37,500. If the mom has substantiated assets of 3x this amount then she's a winner... That's over $100k in the bank LIQUID, or other assets on hand.

The petitioner needs to get a job, or 2 or however many is necessary to meet the income criteria and stop thinking of ways to shortcut the system. In the end it will only bite her in a bad place.

Also - it appears that the OP is no longer residing in the USA, so she'd have to return here to file for the K-1.

There are many obstacles here.

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: K-1 Visa Country: Mexico
Timeline
Posted

I am living here in Mexico on a tourist visa, but my residence is in the USA numero uno.

Numero Dos - My mother does have a job, although she has been injured on the job no income, but she will be getting her back pay from the post office very shortly, maybe before my interview (which should be soon because I've been waiting 2 months since filing) - THe K1 is already filed (FYI)

You dont need to be all defensive. I understand lying is not good for the govt but my mom will give me the money (as a gift persay). Its not like my mom is going to take the money back after he gets here.

Its a longer process to get married in Mexico then go to the USA because first you need consent from the govt to do this plus, I dont want to do that.

It's funny how rude people can be on these forum websites.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I am living here in Mexico on a tourist visa, but my residence is in the USA numero uno.

Numero Dos - My mother does have a job, although she has been injured on the job no income, but she will be getting her back pay from the post office very shortly, maybe before my interview (which should be soon because I've been waiting 2 months since filing) - THe K1 is already filed (FYI)

You dont need to be all defensive. I understand lying is not good for the govt but my mom will give me the money (as a gift persay). Its not like my mom is going to take the money back after he gets here.

Its a longer process to get married in Mexico then go to the USA because first you need consent from the govt to do this plus, I dont want to do that.

It's funny how rude people can be on these forum websites.

People are sometimes rude because they don't know you personally. That's why you shouldn't take anything anyone says on a web forum personally.

The purpose of providing an affidavit of support is to convince the consular officer that your fiance will not become a public charge once in the US. They are required to make this determination under the law.

When someone becomes an immigrant (gets a green card) the US government requires an iron clad guarantee that the person will not become a public charge, and that the government will have recourse to be reimbursed if they do. This guarantee is provided in the form of an I-864 affidavit of support. The I-864 is a legally binding contract between the sponsor and the US government. The sponsor promises the US government that they will provide the necessary support for the immigrant, and that if the immigrant collects any means tested benefits then the government can sue the sponsor for reimbursement. The minimum income requirements are spelled out in section 213A of the Immigration and Nationality Act (INA). The INA also allows the government to consider assets in addition to income. How they consider this is a matter of policy rather than law.

A K1 is not an immigrant visa. An alien with a K1 visa does not become an immigrant until they arrive in the US, marry the petitioner, and their application to adjust status is approved; i.e., they get a green card. What the consulate is looking for is some strong assurance that the alien will not become a public charge. In addition, they want some strong assurance that the alien will have a sufficient sponsor when it comes time to adjust status in the US. They don't use the same affidavit of support - they use the I-134 instead, which is not legally binding on the sponsor. They also don't apply the same rules. Some consulates won't accept a sponsor who is trying to qualify on assets alone, and some won't even accept a joint sponsor. They don't have to because the law doesn't define how they make the "public charge" determination for a K1 visa. They have absolute discretion.

What the consulate is going to be looking for is an indication that the sponsor (you) are currently able to meet the financial requirements, and that your financial history shows that it's likely you'll continue to be able to meet those requirements for the foreseeable future. This is why a lump of money in a bank account isn't much good for someone who has never held a job according to the IRS, unless it's a huge lump of money and you're living comfortably on the interest income. That lump of money becomes pretty much worthless if you had to borrow it.

The consulate in CDJ will accept joint sponsors. The requirements for the joint sponsor are the same as they are for the sponsor. They must have enough current income to qualify for their household size, and the consular officer must be convinced, based on their financial history, that they're likely to continue to qualify for the foreseeable future. A joint sponsor who is unemployed and has no current income won't be of much use unless they have massive assets as described above.

Your best bet is to find a joint sponsor who has a stable job, and enough income to qualify.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: AOS (apr) Country: Venezuela
Timeline
Posted

it has a list for assets.. just put in the numbers.. if your mom is the sponsor.. i would assume you don't need to move the money around.. just be honest on the form..

this has form and instructions.. look at part 7 (assest to list if income does not meet requirement on its own)

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

I am living here in Mexico on a tourist visa, but my residence is in the USA numero uno.

Numero Dos - My mother does have a job, although she has been injured on the job no income, but she will be getting her back pay from the post office very shortly, maybe before my interview (which should be soon because I've been waiting 2 months since filing) - THe K1 is already filed (FYI)

You dont need to be all defensive. I understand lying is not good for the govt but my mom will give me the money (as a gift persay). Its not like my mom is going to take the money back after he gets here.

Its a longer process to get married in Mexico then go to the USA because first you need consent from the govt to do this plus, I dont want to do that.

It's funny how rude people can be on these forum websites.

OP -

I think you're mistaking rudeness for indifference. Personally, to me it makes no difference whether your petition is approved or not - that is your business.

BUT - the reason most of us "non-newbies" post here is to help folks get through the process as quickly as possible with the least amount of problems.

You asked questions and you were provided answers. What you choose to do with the answers provided is up to you, but I can tell you that even if your mother deposits $50,000+ today into an acount for you - you will have a difficult time proving to the Consulate that you are solvent. Consulates want to see a pattern of financial stability, either through regular on-going employment by you or by a co-sponsor who meets the guidelines. While some Consulates will accept asset based income, they dont HAVE to - whether your visa application is approved or not rests solely in their hands.

So - with that I wish you the best of luck in your process.

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

OP we are not trying to be "rude" to you!! We are just stating the facts. Just like AZ110965 said this is your petition you could do whatever you want with it. We are here to help you if you need but it comes down to only YOU to make the choices.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

This is my dilemma - I've never had a job paid on the books (always was a nanny and pet sitter). My fiance is the one who supports us. I've never paid taxes before so I don't have that to provide.

My mother said she would support me with the money and deposit what is needed for the interview in my bank account.

Which way do you think is easier, for her to cosign half the money, or for her to put the money in my account?

When we arrive back to the states we will be living with my family (me, fiance, mom, stepdad, 2 brothers).

I am leaning towards putting the money in my account and if they ask any questions of why is there a big lump sum deposited at one time, my response would be my grandfather has passed and this is what he had in his will for me. (although I do not receive this until about 5 more years).

How much money will I need to put up to support the 2 of us?

Also, how do you find this figure out? What government site can I find it on?

You would need to have in savings three times the annual income requirement, or about $60,000

You will also NEED to file income tax returns for those years even if you owe no tax OR have an explanation citing specific exemptions why you do not. It is never too late to file tax returns. Goodle "1040-(year)" for the forms. There are no penalties if no tax is owed. You will need them for the AOS also so get busy with them. A simple 1040EZ for each year ought to do you well. You will need to submit an I-134 even if your income is -0-. They will want to know where you got $60,000 if you have three years of no income. Ooops.

Consulates do not always accept cash as an asset (it appears and vanishes too easily) and they may require a detailed deposit record of your account to make sure you have not done exactly what you propose to do. What you are proposing is fraud.

Your mother, if she has an income, can be your co-sponsor. If not, ANY other US citizen or legal resident can be

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

I am living here in Mexico on a tourist visa, but my residence is in the USA numero uno.

Numero Dos - My mother does have a job, although she has been injured on the job no income, but she will be getting her back pay from the post office very shortly, maybe before my interview (which should be soon because I've been waiting 2 months since filing) - THe K1 is already filed (FYI)

You dont need to be all defensive. I understand lying is not good for the govt but my mom will give me the money (as a gift persay). Its not like my mom is going to take the money back after he gets here.

Its a longer process to get married in Mexico then go to the USA because first you need consent from the govt to do this plus, I dont want to do that.

It's funny how rude people can be on these forum websites.

You are proposing fraud. Be prepared to be told that bluntly. It is a fact, not rude. One COULD consider it rude for you to come here and ask how to skirt around the law. It is, in fact, against the TOS rules

If your mother was injured on the job she has workman's compensation and that counts as income. Otherwise, plan on returning to the US and getting a job OR getting another co-sponsor. Sounds like you planned for ways to get around just about everything, but eventually you get in line like everyone else. If you thought you were going to do an end around for an easy route, you were mistaken. And if you marry in Mexico then the visa to have him come here is even more difficult.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

You are proposing fraud. Be prepared to be told that bluntly. It is a fact, not rude. One COULD consider it rude for you to come here and ask how to skirt around the law. It is, in fact, against the TOS rules

If your mother was injured on the job she has workman's compensation and that counts as income. Otherwise, plan on returning to the US and getting a job OR getting another co-sponsor. Sounds like you planned for ways to get around just about everything, but eventually you get in line like everyone else. If you thought you were going to do an end around for an easy route, you were mistaken. And if you marry in Mexico then the visa to have him come here is even more difficult.

:thumbs:

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: AOS (apr) Country: Thailand
Timeline
Posted

You are proposing fraud. Be prepared to be told that bluntly. It is a fact, not rude. One COULD consider it rude for you to come here and ask how to skirt around the law. It is, in fact, against the TOS rules

If your mother was injured on the job she has workman's compensation and that counts as income. Otherwise, plan on returning to the US and getting a job OR getting another co-sponsor. Sounds like you planned for ways to get around just about everything, but eventually you get in line like everyone else. If you thought you were going to do an end around for an easy route, you were mistaken. And if you marry in Mexico then the visa to have him come here is even more difficult.

LOUD AND CLEAR!!! Mucho gracias!!!! :thumbs:

 
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