An introduction

[Juliet and Steve 93]

I met my fiancee four years ago online. We talked a lot, split up, got back together--mostly we were just friends, it was fun--sanook, we enjoyed each other. Then in September of 2010 I lost my job and took the opportunity to travel to Chiang Mai to meet her. We spent three months there, I proposed and she accepted. Ah but then...the birth father of her child who does not support her or her child (and they were never married (at the Amphur)) came into play and everything fell apart.

Fast forward. Now the grandparents are willing to take care of the ten year old for $300US/month, and Poy is willing to come to America for two years leaving the child behind and returning to visit once a ear,and we will see how it works out. It's an interesting concept of having mom leave the child in the care of the family, but one common to Asia and it's the only option since the Embassy requires the birth-father's permission for the mother to remove the child from Thailand. It sounds like a common issue.

I looked into the K1 process last year, about this time, and then put it off due to the "child quandary." So now it's back on, but now there is (I think) an entirely different set of issues to surmount.

In my state (New Hampshire) there are virtually no jobs. Worse, due to the economic turmoil jobs that were full-time in 2007 are now part-time. I'm a nurse, an RN in the sub-specialty of Occupational Health (I work in factories, not hospitals). So a few years ago I could travel to a nearby state (2-3 hour drive, and rent an apartment) returning to my home on the weekends. But today, most jobs now are Mon-Wed-Friday (24 hours) or Tuesday/Thursday (16 hours). It's one thing to rent an apartment 2.5 hours away from home on a full-time job, but quite another to try to do the same on a part-time job.

Also, from what I understand, the Bkk Embassy requires that I have a job that is permanent. Now, I can find excellent jobs that are full-time but they are only temporary (3-6 months) and I don't think that they qualify. It's ironic too, because I have enough assets to meet the assets test without a job but from what I hear the Bkk embassy is strict and they want to see a permanent job or it's a no-go.

Oh well, I refuse to give up and will plod away, I'm sure something will come up.

It never ceases to amaze me how difficult this is, after having worked for GM (General Motors) and having seen illegal immigrants who were granted some form of ability to stay. It seems strange that we have millions that sneaked into the country illegally and who are now allowed to stay, and yet we must jump through an immense quantity of hoops. Oh well.

A question: If I take a temporary job that is full-time but temporary for 3-6 months, my understanding is that is NOT acceptable. If I have that wrong, will someone please correct me.

[Karee 4,190]

I met my fiancee four years ago online. We talked a lot, split up, got back together--mostly we were just friends, it was fun--sanook, we enjoyed each other. Then in September of 2010 I lost my job and took the opportunity to travel to Chiang Mai to meet her. We spent three months there, I proposed and she accepted. Ah but then...the birth father of her child who does not support her or her child (and they were never married (at the Amphur)) came into play and everything fell apart.

Fast forward. Now the grandparents are willing to take care of the ten year old for $300US/month, and Poy is willing to come to America for two years leaving the child behind and returning to visit once a ear,and we will see how it works out. It's an interesting concept of having mom leave the child in the care of the family, but one common to Asia and it's the only option since the Embassy requires the birth-father's permission for the mother to remove the child from Thailand. It sounds like a common issue.

I looked into the K1 process last year, about this time, and then put it off due to the "child quandary." So now it's back on, but now there is (I think) an entirely different set of issues to surmount.

In my state (New Hampshire) there are virtually no jobs. Worse, due to the economic turmoil jobs that were full-time in 2007 are now part-time. I'm a nurse, an RN in the sub-specialty of Occupational Health (I work in factories, not hospitals). So a few years ago I could travel to a nearby state (2-3 hour drive, and rent an apartment) returning to my home on the weekends. But today, most jobs now are Mon-Wed-Friday (24 hours) or Tuesday/Thursday (16 hours). It's one thing to rent an apartment 2.5 hours away from home on a full-time job, but quite another to try to do the same on a part-time job.

Also, from what I understand, the Bkk Embassy requires that I have a job that is permanent. Now, I can find excellent jobs that are full-time but they are only temporary (3-6 months) and I don't think that they qualify. It's ironic too, because I have enough assets to meet the assets test without a job but from what I hear the Bkk embassy is strict and they want to see a permanent job or it's a no-go.

Oh well, I refuse to give up and will plod away, I'm sure something will come up.

It never ceases to amaze me how difficult this is, after having worked for GM (General Motors) and having seen illegal immigrants who were granted some form of ability to stay. It seems strange that we have millions that sneaked into the country illegally and who are now allowed to stay, and yet we must jump through an immense quantity of hoops. Oh well.

A question: If I take a temporary job that is full-time but temporary for 3-6 months, my understanding is that is NOT acceptable. If I have that wrong, will someone please correct me.

You can take 12 1 month jobs in a year if you want, or 52 1 week jobs. That doesn't matter. You need to make 125% of the poverty level which would be $18,387 for 2011.

http://www.uscis.gov/files/form/i-864p.pdf

[Juliet and Steve 93]

You can take 12 1 month jobs in a year if you want, or 52 1 week jobs. That doesn't matter. You need to make 125% of the poverty level which would be $18,387 for 2011.

http://www.uscis.gov/files/form/i-864p.pdf

Thank you Karee. It's nice to know that the work does not need to be "permanent-on-going," but can be intermittent.

There is Poy and myself so that is a family of two. But Poy has a daughter though the petition does not include the daughter, in this case am I held to the family of two or the potential family of three requirements?

So how does this go into play: Last year I was unemployed and made nothing from earnings. However my Unemployment benefits exceeded the annual requirements comfortably, meaning I received in excess of the minimum from unemployment benefits. I am still unemployed and still receiving benefits. I hope to have a job in three weeks that will be contract/part-time lasting 3-6 months. It will pay $750/week. That is well in excess of the requirement if looked at on an annual basis, but let's say if I work 5 months when I need to do the affidavit of support. During those five months I will have earned $15,000. To get an annual rate I would add 7 prior months of unemployment benefits bringing the total well over the minimum unless the prior five months will count as zero? I guess that I'm confused--must I work one full year or accumulate within one year the minimum amount? Or if I am currently working and making $750/week, will that in and of itself be enough.

I'm wondering now that if I start working in 3 weeks, will we now have to wait until I accrue proof of earnings in excess of the required amount to file the affidavit? This is so confusing.

Edited January 21, 2012 by 42pines

[Karee 4,190]

They base it on the previous years tax transcripts. So it doesn't matter how you made it, as long as you made the minimum ~$18.5k. Also make sure you don't have any tax liens. They'll count that against the previous years income.

[Juliet and Steve 93]

They base it on the previous years tax transcripts. So it doesn't matter how you made it, as long as you made the minimum ~$18.5k. Also make sure you don't have any tax liens. They'll count that against the previous years income.

Thanks Karee,

My previous years tax forms will show no work income, only unemployment income. I believe that I can make the ^18.5k this year which will show up in February when I can do tax forms for 2012.

So here is a question:

Ning says that once the first form is approved, then the interview must be within three months. So if I file now, it might be approved ~August 1st. That would mean that the interview must be by November 1, but if that happens I will not have 2012's tax forms yet. Thus it seems that I should wait to start the K1 process until July. Then tentatively the first part gets approved in ~6 months which would be in December, then Poy will be able to go to the interview in February or March and 2012 tax documents will be available.

It seems that if I apply now, I may be rejected even if I have a letter showing current income and a current job because I won't have a good "last years tax form."

Does this make sense?

[Karee 4,190]

Thanks Karee,

My previous years tax forms will show no work income, only unemployment income. I believe that I can make the ^18.5k this year which will show up in February when I can do tax forms for 2012.

So here is a question:

Ning says that once the first form is approved, then the interview must be within three months. So if I file now, it might be approved ~August 1st. That would mean that the interview must be by November 1, but if that happens I will not have 2012's tax forms yet. Thus it seems that I should wait to start the K1 process until July. Then tentatively the first part gets approved in ~6 months which would be in December, then Poy will be able to go to the interview in February or March and 2012 tax documents will be available.

It seems that if I apply now, I may be rejected even if I have a letter showing current income and a current job because I won't have a good "last years tax form."

Does this make sense?

I don't think Ning said "must" be within 3 months. It varies. There is no must in this game. The only must is that she needs to enter the U.S. within 6 months of getting the visa and get married within 90 days of getting here.

The tax transcripts are not a hard rule. It's just best practice. Since the I-134 doesn't have a contract like the I-864, they will probably cut you slack if it looks like you are on the way to meet the poverty guidelines.

Bottom line, I'd apply now.