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EmelyNJoel

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Is 125% of poverty a fair requirement.  

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  1. 1. Is 125% of poverty level a fair requirement?

    • Yes the concept and the level are reasonable
    • No, the concept is reasonable, but the amount should be higher.
    • No, the concept is reasonable, but the amount should be lower.


197 posts in this topic

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Personally, I think the guidelines are pretty low. I'm a worrier and it would make me crazy to be constantly wondering what unexpected expense was going to come up and sink me. But if that's what the US government has said is its guideline, so be it. I'm know a lot of people live at or below the poverty line and make it work for them.

What I don't understand is the option for a co-sponsor. Where else in life would two people, who are apparently mature enough to enter into a marriage, be able to say 'hey ma/pa (or auntie/uncle.. or friend/neighbor..); me and my love want to get hitched but we're kind of strapped for cash. How about you just agree to pick up the slack in our bills whenever we need it for the next 10 years or so?'

Seriously??? I think if you can't make the minimum amount required on your own, perhaps you should consider making some changes in your own life before bringing someone else in to the country to share it, and expecting someone else to cover the bills.

Love what you said and oh so true.

I have someone very close to me who did the K1, brought his now wife, and had to get a sponsor because he wasn't working. The sponsor has 3 kids, so with her its 4 and then the K1 wife is 5. I knew she was just scraping by to make the guideline requirement and the couple are completely irresponsible with money and work. The wife is working in a grocery store earning $7.50 per hour, while the husband /USC is on government assistance. They get by but barely and they have a baby. They have an apartment now, but had been living with family members in the past......it's just not right. And the sadder part about it is, the co-sponsor and the couple are not followed up ..... once that is done and AOS is done, no one keeps tabs on them or their financial status. Having a cosponsor gives people the open door to slack off and never take responsibility for their actions. Its just wrong in so many ways.

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

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Anyone trying to support themselves or another on 125% of the poverty level is kidding themselves. The line has nothing to do with "having enough" to live on, it has ONLY to do with having enough income for the government to confiscate if your fiancee becomes a public charge.

That said, provided it costs ME nothing, I could not possibly care less if someone else is prepared for their wife or husband. Make your bed, lay down and STFU! Not my business. I make no judgement. I do not care. I have enough to do to keep my own @ss afloat.

If you ask me they should do away with the Affidavits of Support altogether and simply make it impossible for a family based immigrant to collect ANY means tested benefits until they are citizens. Job done.

AMEN!!!!!!!!!!!!!!!

HAHAHAHAHAH

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

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Filed: Citizen (pnd) Country: Nigeria
Timeline

The income requirements should be at least 200% of poverty level for certain family members. Many classes of visa should be done away with, including the all the K visas. Restrictions need to be tighter on foreign worker visas. The loophole of staying in the country on an expired visa/I-94, etc, while the I-485 is being adjudicated should be eliminated, as should be refiling ad infinitum just to stay in the US. If you overstay, you go home, no reprieve, no waiver, no AP, no EAD.

I disagree with you on the doing away with the k1. I make 200% abouve the poverty level and can provide for my fiance until he is able to gain employment. All cases are not the same.

08/01/12-Married08/17/12-Applied for Social Security Card09/23/12-Husband received his Social Security card!09/27/12-Filed AOS09/28/12-AOS package received10/01/12-Text message from USCIS10/03/12-Check cashed10/09/12-NOA1 for I485,I765,I131 AND Biometrics Appointment Letter10/24/12-Biometrics Appointment12/11/12-EAD and AP Approved-75 days12/14/12-EAD/AP Card Production ordered12/21/12-EAD/AP Card came in the mail06/22/13-Green Card Approved06/27/13-Greed Card Production Ordered06/29/13-Green Card came in the mail<p>

04/09/15-Mailed ROC

04/10/2015-Package received

04/14/2015-Check cashed

06/02/2015-Called Service Center (still no NOA1) Service request found out wrong address on paperwork! :(

06/03/2015-Called to get address updated Ar11 online add change didnt work-got infopass for June 10th

06/10/2015-Went to info pass appt. Hubby got a 1yr. Extension stamp in his passport and biometrics done

08/12/2015-ROC Approved. Got letter in the mail.

08/29/2015-received new card in the mail.

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1330101860[/url]' post='5177055']

As a veteran who has served this country and at one point I technically wrote an open check that included up to and including my life...

I believe I should enjoy the same benefits that are FREELY and OPENLY given to all of the illegal aliens who step one foot on US soil...

But such is not the case. Instead I have to prove that I can support my wife before she is allowed to come here.

I have to prove she will not obtain any government services, that I am a USC am already entitled to....

I have to pay thousands of dollars to get her here, whereas illegals pay a few hundred to be sneaked across the border and then its 'alli-alli oxen free' and they're in the big bucks of a welfare government system that penalizes those who play by the rules.

1. I'm a vet too. I appreciate your service. But it doesn't make you special. Risking your life is part of the job. End of story.2. You DO get to enjoy those benefits.3. Yes, you have to prove I won't have to support you or your wife if your situation tanks. Frankly, that's reasonable.4. You're complaining about having to abide by the rules? That's kinda the big distinction between legal immigrants and illegal immigrants headbonk.gif

10/19/2011- FedEx'd I-129F

10/20/2011 - Received @ Dallas Lockbox

10/25/2011 - Received E-mail/Text for NOA1

10/28/2011 - Received NOA1 Hardcopy

02/11/2012 - Received E-mail/Text RFE

02/13/2012 - Received Hardcopy of RFE

02/16/2012 - Fedex'd RFE response

02/17/2012 - Received RFE response @ VSC

02/24/2012 - Received E-mail/Text, RFE Response Review

03/07/2012 - Received E-mail/Text for NOA2 (134 days)

03/10/2012 - Received NOA2 Hardcopy

03/13/2012 - NVC Received I129F Approval Packet

03/20/2012 - NVC Sent Packet to Embassy

04/04/2012 - Embassy Received Packet

04/16/2012 - Fiancee received Packet 3.

04/30/2012 - Fiancee responded to Packet 3

06/21/2012 - Interview Date. Visais Approved!.

07/01/2012 - Received Visa from Go2

07/05/2012 - Arrived in USA. Chicago POE.

07/05/2012 - Arrived in Washington.

07/27/2012 - Married (Yea)

09/01/2012 - AOS, AP, EAD Applied for via USPS Registered Mail

09/09/2012 - EMails for all three forms arrived.

09/1?/2012 - NOA 1s for all three arrived.

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

At least 50,000 greencard lottery winners come to the US every year without showing proof of how they will be supported financially. The only thing you are required to have after winning the green card lottery is not how you are going to survive, but what address you are going to. It makes no sense that 50,000 people are allowed every year to come to the US without showing how they will survive but husbands and wives who try to join them later have to prove how they will survive on their spouses incomes.

My now friend won the greencard lottery in 2005. She did not know anyone in the US, but friends of friends found someone who she could use their address when she arrived at POE. Now she is trying to bring her husband she married in 2008 and her minimum wage is not good enough to bring her husband. Yet zero dollars was good for the US when she came in 2005.

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Filed: K-1 Visa Country: England
Timeline

But if that's what the US government has said is its guideline, so be it.

:thumbs: :thumbs: :thumbs: :thumbs: :thumbs: :thumbs:

it doesnt matter what any of us think... there are rules in place and so long as we stick within those rules then as far as im concerned there is no problem

If you ask me they should do away with the Affidavits of Support altogether and simply make it impossible for a family based immigrant to collect ANY means tested benefits until they are citizens. Job done.

sounds good to me :thumbs: :thumbs:

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Filed: Citizen (apr) Country: Russia
Timeline

Anyone trying to support themselves or another on 125% of the poverty level is kidding themselves. The line has nothing to do with "having enough" to live on, it has ONLY to do with having enough income for the government to confiscate if your fiancee becomes a public charge.

That said, provided it costs ME nothing, I could not possibly care less if someone else is prepared for their wife or husband. Make your bed, lay down and STFU! Not my business. I make no judgement. I do not care. I have enough to do to keep my own @ss afloat.

If you ask me they should do away with the Affidavits of Support altogether and simply make it impossible for a family based immigrant to collect ANY means tested benefits until they are citizens. Job done.

I can support that. However, will you let immigrants die if they are sick? Of course not. We can discuss how we can remove all these benefits but in the end of the day we let even illegal immigrants to get medical care, get education, etc. Unfortunately, this is utopia.

At least 50,000 greencard lottery winners come to the US every year without showing proof of how they will be supported financially. The only thing you are required to have after winning the green card lottery is not how you are going to survive, but what address you are going to. It makes no sense that 50,000 people are allowed every year to come to the US without showing how they will survive but husbands and wives who try to join them later have to prove how they will survive on their spouses incomes.

My now friend won the greencard lottery in 2005. She did not know anyone in the US, but friends of friends found someone who she could use their address when she arrived at POE. Now she is trying to bring her husband she married in 2008 and her minimum wage is not good enough to bring her husband. Yet zero dollars was good for the US when she came in 2005.

As far as I know diversity lottery winners also need to provide either financial documents that they an support themselves or I864 from USC or GC holder.

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Filed: AOS (apr) Country: Philippines
Timeline

I think in some cases, i.e students, it's fair. Otherwise, it's not. And I don't like the idea behind the K1 visa.... to easy for people to just not AOS and stay out of status, and if you need 90 days to be sure, why are you promising to financially support them before they even come here anyway?

If you want to revise the process,, how abut changes in tourist visa. Some countries, Philippines is one, it is next to imposable for them to get a tourist visa to visit the US. I have been told for an unmarried female under 40yrs old it may be 8 years to get approved for a tourist visa.

The USC can go there any time for weeks without any pre approval. But if a Filipino wants to come to the US to see where and how their future spouse lives the only option is the K1 visa.

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Filed: K-1 Visa Country: Costa Rica
Timeline

Yes, increase the salary requirements for K-1 Visas to 200% and eliminate co-sponsors (Active military should not be subject to these rules). If you are poor, you need to get better job or better education before you try to raise a family. Countries who routinely threaten the USA should have severe immigrations restrictions. No K-1 / CR-1 Visas for countries like Iran, Iraq, Libya, Syria, Afghanistan, or Pakistan (except for active military).

I think you should revisit your assumption that getting a "better education" equates with being rich, especially at the early stage, when many people are considering starting families. I am in my mid-20s, and am half-way through a Ph.D. program at a prestigious university, after getting a BS at another well-acclaimed university. It would be hard to deny that I am highly educated. It would also be hard to deny that I am of an appropriate age to get married. However, based on the policy you propose, I could not bring my fiancé here to come live with me, even though I can comfortably enjoy my current lifestyle with him as an addition. I do NOT make 200% of poverty line. I make $30k a year as a student now. Academia (education for education's sake) is not a high-profitting career track.

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Filed: Timeline

I disagree with you on the doing away with the k1. I make 200% abouve the poverty level and can provide for my fiance until he is able to gain employment. All cases are not the same.

The problem with the K visas is the way they are constructed as non-immigrant visas. That makes them non-enforceable as far as the public charge requirement, and creates a situation where once married to the petitioner, the out of status alien could abandon the petitioner, and remain indefinitely in the US without any further processing, having met the conditions of his/her visa. Until the beneficiary tries to adjust status, there is no provision in the law to prevent the alien from doing exactly that.

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

I've seen a number of people complain about the 125% of poverty requirement. 125% of Poverty level is really NOT a lot of money.

The next part might seem harsh, but if 125% of poverty level IS a lot of money to the USC, then maybe they should reconsider whether they have the means to bring a foreign national to the US for marriage, and to start a family.

What right do we have to say such things when we already have a problem in our country with natural born Americans that don't even attempt to get a job but instead sit at home living off the free money they are receiving for nothing? Those that are at 125% or 100% or whatever, at least they are working and trying to pay their way.

Wifey's Process

Married:----------------------------2003-09-17

I-130 Sent:-------------------------2011-09-30

I-130 NOA:--------------------------2011-10-07

I-130 RFE:--------------------------2011-11-12---Request German Marriage Certificate/w translation

Mailed in Marriage Cert:------------2011-11-21

Notified Cert not received:---------2012-01-03

Appt @ USCIS for Cert:--------------2012-01-11

I-130 Approved:---------------------2012-01-11

Interview Date:---------------------2012-02-01

Interview Result:-------------------Approved

Visa Received:----------------------2012-02-10

POE Baltimore:----------------------2012-02-22

Kids' Process

I-130 turned in:--------------------2012-02-01

Consulate unsure how to proceed-----2012-05-01--They have to research and consult higher headquarters

I-130's approved--------------------2012-05-21

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Filed: Timeline

I say what is the difference if you marry someone from the US and can't support it, or you marry someone from another country and can't support him/her?

Problem is, I don't think there will ever be a clear side that is to blame. Some immigrants arrive here and immediately expect to be provided for without ever having to do anything, turning themsleves in to a public charge, while some US citizens bring an immigrant away from everything he or she has ever known, then decide they don't like their marriage and leave the immigrant with possibly nothing, especially if they came from a poor country... So I don't think the law should punish either side in particular if everything doesn't work out well.

My opinion: Make immigrants ineligible to recieve government benefits untill they become a US citizen or complete the working quarter requirements. In the event that the marriage does not work, the US citizen (or co-sponsor) must pay all reasonble expenses for the immigrant to move back to his/her home country. I don't think that sounds unreasonable, rather, just living up to your decision and accepting the responsibility of your actions, for both parties. No I-864 contract with them for the rest of your forseeable future, no goverment possibly suing you for assets to cover benefits, just taking reasonable steps as consequences of our own decisions.

Just my .02 dollars

Edited by Kaoticor
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