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Filed: Citizen (apr) Country: Scotland
Timeline
Posted (edited)

Long term browser here. Looking for advice.

I received by London reference from the embassy today and in the process of gathering forms. My and my Fiancée were planning on using her step father as a co sponsor. He makes well over the poverty line however he is on Permanent disability income which means he does not pay taxes. I'm assuming if I can use him that I would need proof that his disability income is both permanent and that he is exempt from paying taxes. Would I require in the absence of his tax returns?

Also I'm flying out to Seattle for 10 days on Xmas eve to visit my fiancee. I was in America for 2 and a half weeks in Late may/early June and for a week at thanksgiving. Should I be okay this third time? It's scary enough at the border going over once a year never mind 3 times.

Any help would be much appreciated.

Paul

Edited by PaulV
Filed: Citizen (apr) Country: Scotland
Timeline
Posted

I typed that on an iphone and don't know how to edit this post. I meant to say. What other paperwork would he require in the absence of tax returns?

Long term browser here. Looking for advice.

I received by London reference from the embassy today and in the process of gathering forms. My and my Fiancée were planning on using her step father as a co sponsor. He makes well over the poverty line however he is on Permanent disability income which means he does not pay taxes. I'm assuming if I can use him that I would need proof that his disability income is both permanent and that he is exempt from paying taxes. Would I require in the absence of his tax returns?

Also I'm flying out to Seattle for 10 days on Xmas eve to visit my fiancee. I was in America for 2 and a half weeks in Late may/early June and for a week at thanksgiving. Should I be okay this third time? It's scary enough at the border going over once a year never mind 3 times.

Any help would be much appreciated.

Paul

Posted

I typed that on an iphone and don't know how to edit this post. I meant to say. What other paperwork would he require in the absence of tax returns?

London does not require a tax return as long as some solid proof of the income is offered. If his disability is paid by Social Security Administration, they probably send something each year stating the monthly amount that he will receive from them for the next calendar year. Or if his payments come from elsewhere, he could get a statement. That would be equal to the "employer letter" that is so often suggested. Paying taxes isn't in the equation so you don't have to prove that, but something referring to the disability payments being permanent would be good. Another proof of income might be bank statements showing direct deposits of the payments going into the account each month.

Ask your question again before adjustment of status because the tax return answer will be different or carefully read the I-864 instructions to know what is required.

A short visit for the holidays isn't as suspicious as those who stay 90 days at a time and try to come back for 90 more just a month later. Spending Thanksgiving and New Years together is a little more understandable because people do that during the holidays. Your trips are very short and typical of a visitor who intends to go home.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

I am sure you'll be fine in terms of the trip. Just take some sort of evidence that you'll be returning home (a return flight, job letter etc). Besides, going through the K1 process is enough to prove that you are doing this legally and that you won't be tempted to stay there for the hell of it.

If her step father makes enough money then I don't think his taxes/welfare/anything like that matters.

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8th August - Interview in London. APPROVED!

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10th Oct - AOS Filed

17th Oct - NOA Letter(s)

20th Oct - Biometrics Letter (for 14th Nov)

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  • 2 weeks later...
Posted

lol dang smartphones can make any conversation go awry and all out of control.

I typed that on an iphone and don't know how to edit this post. I meant to say. What other paperwork would he require in the absence of tax returns?

Between love and madness

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

Hi guys!

Thanks for the reassurance- had a great holiday and nothing different from usual happened at the border *woohoo*!!!

I've posted my forms today along with my Ds-2000 and cover letter, medical is booked for Friday the 13th of January. After my medical how long is it roughly until they give an embassy date?

Anyway currently gathering evidence for the interview. I have tons of photos of us over the year at home, Europe and with our families together, engagement photos, flight tickets- 3 of me going to the states, 2 of her coming to Scotland, passport stamps, birthday card, an engagement card from a family member. Literally thousands of emails from daily conversations (how many of these will I need?), skype logs from almost everyday (Again how many?), a photocopy of her marriage and divorce certificate, my original birth certificate, US passport photos. I will have the payment receipt when the time comes.

Is this enough evidence or should I strengthen more.

I also have a few questions about the financials part which I worry about most.

My fiancee's step father i.e my co sponsor has given me a letter from Washington states department of labor and industries. This letter states that he is on total permanent disability that commenced in 2007 and receives x amount per month which equates to around over $40,000. (No dependants). He has also filled out the affidavit of support which which includes the real estate he owns. Should this be enough? I'm reluctant to ask him for bank statements as it is a rather personal request but i'll bite the bullet if I have to.

Secondly does my fiancee have to fill an I-864 as well? She has just incase. She makes just under the limit needed for supporting me alone just now. She is currently self employed and has given me a copy of her publishing contract and 6 payslips from a teaching course she does when she has time. Would we need her tax returns? The problem is that her returns for previous years were filed jointly with her ex husband which contain most of his income and so are pretty useless.

Any help would be greatly appreciated.

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

Also I am confused about the difference between an I-134 and I-864 form. Currently the I-134 has been filled but I notice it goes into less detail than the other form. Does it matter for the k1 part?

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

Apologies about the proof of relationship bit. I saw a topic on the main page that freaked me out about someone being denied due to lack of proof of that despite everyone else saying not to worry about that part. It is just the financial part i'm trying to sort just now.

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

Hi guys!

Thanks for the reassurance- had a great holiday and nothing different from usual happened at the border *woohoo*!!!

I've posted my forms today along with my Ds-2000 and cover letter, medical is booked for Friday the 13th of January. After my medical how long is it roughly until they give an embassy date?

Anyway currently gathering evidence for the interview. I have tons of photos of us over the year at home, Europe and with our families together, engagement photos, flight tickets- 3 of me going to the states, 2 of her coming to Scotland, passport stamps, birthday card, an engagement card from a family member. Literally thousands of emails from daily conversations (how many of these will I need?), skype logs from almost everyday (Again how many?), a photocopy of her marriage and divorce certificate, my original birth certificate, US passport photos. I will have the payment receipt when the time comes.

Is this enough evidence or should I strengthen more.

I also have a few questions about the financials part which I worry about most.

My fiancee's step father i.e my co sponsor has given me a letter from Washington states department of labor and industries. This letter states that he is on total permanent disability that commenced in 2007 and receives x amount per month which equates to around over $40,000. (No dependants). He has also filled out the affidavit of support which which includes the real estate he owns. Should this be enough? I'm reluctant to ask him for bank statements as it is a rather personal request but i'll bite the bullet if I have to.

Secondly does my fiancee have to fill an I-864 as well? She has just incase. She makes just under the limit needed for supporting me alone just now. She is currently self employed and has given me a copy of her publishing contract and 6 payslips from a teaching course she does when she has time. Would we need her tax returns? The problem is that her returns for previous years were filed jointly with her ex husband which contain most of his income and so are pretty useless.

Any help would be greatly appreciated.

Just remember to get a copy of your "long" birth certificate which has your parents names on it.

As for co-sponsorship, I believe that your fiancee will need to fill out an I-864 as well since she is the petitioner. She would fill out how much she made for the past few years despite whether it was filed jointly, the way I understand it is: even if they filed jointly it's still partly her tax return. You will need her tax returns.

So the step-father gets over $40,000 a year in disability? That appears to meet the monetary requirements, so you shouldn't need the bank statements.

Posted

Also I am confused about the difference between an I-134 and I-864 form. Currently the I-134 has been filled but I notice it goes into less detail than the other form. Does it matter for the k1 part?

K1 visas use the I-134. 100% of the poverty level is all that is required from her usually. If father is needed for sponsorship, then he does an I-134 also. I'm thinking the father's letter from the government is all that's needed because it's strong evidence of lifetime income way over the poverty level. His assets won't really be needed or his bank statements in my opinion. When you apply for AOS, then you will need tax returns and a little more paperwork from both, as well as form I-864.

I've posted my forms today along with my Ds-2000 and cover letter, medical is booked for Friday the 13th of January. After my medical how long is it roughly until they give an embassy date?

They will have to receive the medical results which could be mid-week following your appointment. Then could be a week or two before they get around to assigning an interview. It varies.

Apologies about the proof of relationship bit. I saw a topic on the main page that freaked me out about someone being denied due to lack of proof of that despite everyone else saying not to worry about that part. It is just the financial part i'm trying to sort just now.

I wouldn't freak out over that post and the deluge of responses from inexperienced members outlining procedures from other countries. There is just more to that story than has been fully detailed or the OP even comprehends maybe. So much speculation and guessing that I'm not even going to respond to it with more guessing in absence of details and an exact word for word transcript of what the 221(g) states. She said he took evidence and they didn't look at it which tells me it's not about relationship evidence at all, which I've never known London to ask for.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

One last thing I need to ask. When I saw the experiences of people's interview they say bring an original and copy of police certificate and birth certificate. Will a Photocopy along with the original of both suffice or will I have to purchase a second copy from acro. Likewise will a photocopy of my fiancées first marriage and divorce decree be fine or do I need the originals of them?

Filed: Citizen (apr) Country: Scotland
Timeline
Posted (edited)

One last thing I need to ask. When I saw the experiences of people's interview they say bring an original and copy of police certificate and birth certificate. Will a Photocopy along with the original of both suffice or will I have to purchase a second copy from acro. Likewise will a photocopy of my fiancées first marriage and divorce decree be fine or do I need the originals of them?

1 Original (certified copy) + 1 Photo copy of birth certificate and police certificate.

I imagine just a photo copy of the divorce decree is needed.

Edited by Mrs GH

Posted

One last thing I need to ask. When I saw the experiences of people's interview they say bring an original and copy of police certificate and birth certificate. Will a Photocopy along with the original of both suffice or will I have to purchase a second copy from acro. Likewise will a photocopy of my fiancées first marriage and divorce decree be fine or do I need the originals of them?

The rule of thumb is bring a photocopy of anything you want back so they can verify the original and file the photocopy. They don't need two of your personal documents for their purpose. The photocopies are so you don't have to give up your real copy of things like birth certificate, divorce decree, etc. My fiance/husband was given back his police certificate, but lately I've read they file the original and don't give it back.

We ordered two from ACPO at the start because the second was just a little more money. Thought it might come in useful for an employer in the US to see because there's no background checks to trace when you're brand new to the US. So he's ended up with two originals now. It was just something we did, not anything required or we read anywhere.

I don't think anything about your fiance's marriage/divorce is taken at the embassy. It's all about you and your documents and only the I-134 stuff from her. I'm sure I sent my former husband's death certificate because I was new and didn't know, but can't remember if they looked at it and I was there holding the docs. I'd bet a lot of money on NO they didn't. I'm certain that marriage certificates are only needed from people who are currently married to each other and getting spouse visas.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

  • 3 weeks later...
Filed: Citizen (apr) Country: Scotland
Timeline
Posted

I had my medical on the 13th of January and all went well. Forms were sent my recorded delivery on the 4th of january, includong cover letter. Just waiting on my interview date. We were planning on marrying in April and have put a deposit down on a venue (this date can be moved if needed). I mentioned that on the cover letter and that if it would be possible to get a February interview date. What do you think the chances of this happening are? I don't mind a march date but February would give me more time to tie loose ends in the uk. Also is it through post or email you get your appointment date?

 
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