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EmelyNJoel

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Is 125% of poverty a fair requirement.  

216 members have voted

  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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Filed: AOS (apr) Country: Thailand
Timeline

Most people on this forum used to tell me that I would have it hard and fail because my income is just above the 125%.

I think it depends on the circumstance. Ice and I are fine. We live comfortably. It would be nice to have more extra money, but seriously, we are fine and we do have a lot of extra luxuries. My parents and family helped a lot with our wedding, but as for insurance, rent, payments, etc. I do it all. And I only have an associate’s degree.

I think the system is fine the way it is, because it really depends on the people. Like, do they take in consideration how much debt someone is in? I have virtually no debt, and I know that there are people out there who are millionaires on paper, but are drowning in debt.

I don’ know, I just think that people put too much emphasis on go to school, get a good job, be comfortable. I went to a little bit of school, used my time networking , and landed a pretty good job at a place I like, and now we’re also in the process of starting a new business project. People underestimate people without a degree.

Edited by Ni-ing & Ice

ฉันรักคุณ
K-1
Filed May 2011
116 days to NOA2
4 days for the NVC
74 days to the interview
Interview date: 12/14/11 APPROVED!
POE: 12/16/11
Total days from NOA1 to K-1 Visa in hand: 202
Wedding Date: 12/27/11

AOS
Sent AOS: 4/21/12
NOA1: 4/30/12
RFE: 5/14/12
Biometrics App.: 5/21/12
Sent RFE Response: 5/31/12
Interview: 7/24/12
Approval: 10/12/12

Currently.... they have issued Ice the incorrect GC and we have tried 4 times to fix it. First time they had us send it to the incorrect address. Second time they said we used an expired form, which was the form they gave us. Third time was "oh sorry we lost the last page, can you send it again?." Fourth time is the gov is shut down. Will this ever be corrected in time for Ice to get the permanent GC? Stay tuned to find out. T_T

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Filed: Other Country: Ireland
Timeline

Costs less, process is straight forward, and beneficiary gains LPR status after arriving in the US, so can work right away. Plus, no need to rush and have a civil wedding to continue the process soon after arriving in the US. Your spouse can be married in his/her own country with the appropriate religious ceremony, if so desired, and friends and family present.

From what you said, the cost of the process is only advantage I can see to the CR-1 over the K-1.

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: K-1 Visa Country: Japan
Timeline

I completely agree with this. Although it may be helpful/easier for some people to have this poverty guideline, it is not a sufficient enough amount in order to live a life, especially in the US.

As you say, pregnancy is extremely expensive and just scraping by is not a good option. Some people may not mind having their head barely above water, financially, but there are so many problems that could arise at any given moment, causing you to drown. Raising that guideline would not only be helpful to the petitioners and bene's in the longrun, but it would filter out those who may, in turn, become financially dependent on the government later down the road. Not saying that it would be the immigrant, because it could easily be the USC who applies for welfare or other benefits.

So basically you're saying that not all people are responsible, therefore we need to assume everyone is irresponsible and have the government step in and decide who gets married. Nice.

9/19/11 - sent I-129F

9/21/11 - email NOA1

9/27/11 - hard copy NOA1

3/20/12 - congressional inquiry (6 months since NOA1)

4/4/12 - inquiry result: petition approved (still no NOA2 text/email/letter)

4/20/12 - packet 3 received from embassy

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I believe we should make the process easier, but raise the income level required and eliminate the cosponsor. So many times I've seen the K1 immigrant be stuck at home unable to work because they cannot afford to adjust status. Then they add a baby or two into the mix which makes things worse. Of course now they need food stamps to help make the budget make it. Next they're moving in with a relative because they can't make the rent. Not only are they dealing with the culture differences, but money issues, living with in law issues, etc... So darn often its a complete mess that ends up in divorce. I'm all for immigration, but if you're only making 125% poverty you're barely making it for yourself, let alone a spouse and the possible kids you'll have. What's the matter with taking your time and getting your financial situation in order before bringing over family? I know thats what I did, and I make well over the poverty level. Too many people just think "I want" and forget the "I'm responsible for" part. Double the poverty level might be a bit high, but the 125% is certainly too low. There are just too many screwed up things happening to often when people don't have the income to afford it.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: K-1 Visa Country: China
Timeline

Also, the whole 'America is the greatest country in the world' statement... does anyone ACTUALLY think this nowadays!?!

Sure.

The list of contenders is small, of course it all depends on your parameters. From my point of view it would have to be a open democracy that gives equal voice to every citizen. That eliminates about 75% of the planet right there. We have very strong laws for freedom of speech, freedom of religion (and more importantly freedom from religion) and legal protections for person and property. Our per capita income is Top-10, our military is Top-3, and we are the most generous nation in the world.

Who might you suggest is the greatest nation? Luxembourg? Norway? Sweden? All fine places, I admit, but certainly not on the world stage and not really comparable. Japan? Very rich country but they have no military to speak of. Russia or China? Can you really compare your rights as a US citizen in the same light as living under a communist dictatorship. India? Strong caste system and, for a large portion of the population under bonecrushing poverty that few in America could understand.

There are a number of European countries I would happily live in but I would not rank them among the greatest nations by any means.

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Filed: K-1 Visa Country: England
Timeline

Who might you suggest is the greatest nation?

the UK :yes: lol

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: France
Timeline

I'm not sure if the income level to be a sponsor should be raised. Maybe a little, but certainly not to 200% of poverty guidelines. My husband's a PhD, and he doesn't even make 200%... If the required level had been so high, well I think we would just have moved to another country, and the US would have lost a scientist they spent thousands of dollars to educate.

However, I do think that the level of debt should be taken into account. Someone can live off a low salary if they have not debt and have their house paid for.

On the other hand, I know people in the US who make very good money with a good job, but who are still living with their parents although they're over 30, just because all their money go to paying back the student loans and credit card balance.

Following USCIS rules, these people could sponsor a family of 5 or more...

I see other changes that need to be done. One would be to process immediate relative visas with a priority over K visas. When a USC petitions for a spouse, they are already legally bound through marriage and obligated to provide assistance to each other, and could claim that physical separation during the immigration process is causing them not to be able to perform their legal duties.

In the case of a fiancé, the USC and the foreigner are legally nothing to each other, and don't owe each other anything. The only "link" is the letter of intent to marry, and it doesn't create any legal obligations.

So from a purely legal point of view, the US government owes due diligence in processing immediate relative applications, however fiancé applications could wait without any detrimental effect on the USC's rights or obligations towards their family.

CR1 Visa

USCIS STAGE: 16 days No expedite request but USC residing abroad
NVC STAGE: 19 days from case # to case complete
03/27/12: interview at Paris embassy - APPROVED
04/12/12: POE San Diego

ROC
01/15/14: sent I-751 application

05/14/14: received card production notification by e-mail, approval date 05/13

Naturalization

02/01/24: N-400 submitted online; Biometrics reuse notice received immediately online; "case being actively reviewed" after a couple hours

02/09/24: received NOA1 by mail

02/10/24: received biometrics reuse notice by mail

04/08/24: interview scheduled for 05/14. Received "We have taken an action in your case" email.

05/14/24: approved at interview, same-day oath ceremony in San Francisco 🥳 🇺🇸

 

Passport

06/10/24: application submitted at post office for passport book and card, paid for expedited processing and shipping

06/24/24: received email notification that passport was approved, then shipped with tracking number

06/25/24: passport received

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Filed: Other Country: Ireland
Timeline

Sure.

The list of contenders is small, of course it all depends on your parameters. From my point of view it would have to be a open democracy that gives equal voice to every citizen. That eliminates about 75% of the planet right there. We have very strong laws for freedom of speech, freedom of religion (and more importantly freedom from religion) and legal protections for person and property. Our per capita income is Top-10, our military is Top-3, and we are the most generous nation in the world.

Who might you suggest is the greatest nation? Luxembourg? Norway? Sweden? All fine places, I admit, but certainly not on the world stage and not really comparable. Japan? Very rich country but they have no military to speak of. Russia or China? Can you really compare your rights as a US citizen in the same light as living under a communist dictatorship. India? Strong caste system and, for a large portion of the population under bonecrushing poverty that few in America could understand.

There are a number of European countries I would happily live in but I would not rank them among the greatest nations by any means.

Why is the military so important to this argument?

By using that Argument, North Korea would be up there as one of the 'Greatest countries in the World'.

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: K-1 Visa Country: England
Timeline

Once upon a time :)

Huge fan of the UK, no offense meant at all.

:) no offence taken... the UK has its fair share of problems just like any other country

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: Timeline

I thought "VISA JOURNEY" would be trying to help people to reunite with their families. I see people talking about how to make it difficult for others, YET saying that people should be responsible for their own lives, etc etc. What makes you think that the IMMIGRATION should take that responsibility from UNITED STATES CITIZEN whom they should get married to and HOW and WHEN to raise their family!

Criticize all you want on me, but I am disappointed reading these comments by VJ members.

Edited by Imagination

K1 Visa

Service Center: Vermont Service Center

Consulate : Islamabad, Pakistan

I-129F Sent : 2011-09-23

I-129F NOA1 : 2011-09-27

I-129F NOA2 : 2012-01-18

NVC Received : 2012-02-02

NVC Left : 2012-02-06

Consulate Received: 2012-02-07

Packet 3 Received : 2012-02-21

Packet 3 Sent : 2012-02-27

Packet 4 Received : 2012-03-02

Interview Date : 2012-03-27

Interview Result : Approved

Visa Received : 2012-04-06

US Entry : 2012-04-29

Marriage : 2012-05-24

Comments : Happily married! :)

I-129f was approved in 113 days from your NOA1 date.

Interview took 182 days from your I-129F NOA1 date.

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I respect that you served our country. I respect the fact that you would like to pursue love of your life. However:

1) You can find your love in US.

2) If you like to bring her here you need to make sure you can sustain her and do not put strains on other tax payers, wouldn't you agree? If you can do it without government assistance this is fine. However, the chances are that you will not be able to if you do not meet 125% requirement at the very least. Why would other tax payers have to pay for your pursuit of love?

1) I have the right to chose freely whom I love and where I find her. Been there done that, and you can keep the American female attitude. No thanks.

2) I have an engineering degree and an MBA so I can provide for my family thank you.

But the mere fact that I have to prove to my government that I can do this on one hand, when the other hand is giving away benefits to the millions who didn't follow the rules is my point, that you missed. The same government, doesn't make those folks return home and wait the months or years for bro/sis's that legitimate immigrants have to suffer through.

This entire immigration situation stinks beyond comprehension. It's completely bass ackwards, where the people who play by the rules are punished, yet we bend over backwards to give the freebies to people who don't even want to become a USC. They only want the paycheck.

But having said that. There are situations, especially in this economy, where you have a proven track record of working for decades, for being way over the poverty line, yet due to situations beyond your control you're in a situation where you're temporarily under that threshold of 125%. Should that reason alone be the deciding factor in bringing your spouse here? I don't think so. It should be the totality of the circumstances.

What is your track record, what is your potential to earn. These things give a more complete picture of whether the person will be a ward of the state versus, what they were making $18k a year at the time you filed your petition.

As far as the veteran issue. Yeah, it goes with the job, putting your life on the line, but since only 1% of the US population ever steps up to the plate in the defense of the freedoms this country provides. Especially when we are asking these veterans to return multiple times into the furnace I believe they deserve a hell of a lot more than the average citizen in terms of front of the queue, etc. But that wasn't my point earlier anyways. My point was as a USC I am already entitled to these same programs they are basing their judgement as to whether my wife should be allowed to come here. Couple that with the fact the same government does a complete flip-flop and gives away the damn store to people who have zero status here, and no questions are asked makes me feel that if you're not going to enforce the rules evenly, then stop busting the chops of the people who try to do the right thing and do it legally.

Our time line:

-----------

11-2-09 Met for the first time

11-3-09 Went to dinner to celebrate my birthday

11-18-09 Officially became bf/gf.

11-22-09 Went back to the States

1-1-10 Talked to her father on the phone queried about my intentions. Told him I intended to marry her.

10-8-10 2nd Trip back to Philippines

10-10-10 Proposed to her ... She said YES!

10-16-10 Meet her parents and family in the province for the first time

10-25-10 Returned to States

11-2010 Started her annulment process

1-4-11 Free to marry within the country

2-8-11 3rd trip to Philippines

2-10-11 Annulment process complete (can file for US visas now)

4-27-11 Got Married

5-30-11 Finally received marriage contract from priest

6-4-11 Discovered we needed to get an electronic endorsement of our marriage contract submitted

6-22-11 Finally got updated CENOMAR to show annulment of previous marriage

7-29-11 Finally had to say good bye and leave the Philippines after 6 months

8-18-11 Submitted CR-1 pkg to visa service agency

9-9-11 After a thorough review and obtaining additional docs, finally mailed our pkg to USCIS.

9-12-11 NOA1 received

3-14-12 USCIS approved our I-130

3-17-12 NOA2 received

NVC:

3-19-12 Package acknowledged by NVC.

4-3-12 NVC enters our package into their system and generates our case#

4-4-12 AOS pmt made

Manila Embassy

4-9-12 Petition US Embassy Manila to expedite since I will be in country

5-23-12 Interview at US Embassy - approved

5-31-12 Visa in Hand

6-6-12 Len Arrives!!!!! in the US via Chicago to Houston

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Filed: Other Country: Ireland
Timeline

Also...

'World Stage'... what is that? Why is this important? Just some Buzz Words being thrown around.

Freedom of Speech is a common freedom in the developed world. Nothing special there.

Unemployment is relatively high, that's not great?

People are protesting 24/7 on Wall St, and in other cities around the country. They must be upset about something.

Gay marriage is ILLEGAL... that's fair, and equal?

The 'News' is biased. Just turn on Fox.

Per capita income?? As of September 2011: 'the number of Americans living below the official poverty line, 46.2 million people, was the highest number in the 52 years'. Tell those people how great the 'per capita income' is.

'Greatest Country in the World'....

Really?

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Filed: K-1 Visa Country: Japan
Timeline

Why don't we bump up the minimum income requirement to 1000% and while we are at it, the beneficiary needs to be able to demonstrate a college degree and speak at least 5 languages as well.

/sigh

:lol:

The sad thing is, our immigration policies make it difficult for lots of outstanding individuals with good a good work ethic, PhDs, etc to live and work in the US. I work together with many of these people.

Edited by Andy_R

9/19/11 - sent I-129F

9/21/11 - email NOA1

9/27/11 - hard copy NOA1

3/20/12 - congressional inquiry (6 months since NOA1)

4/4/12 - inquiry result: petition approved (still no NOA2 text/email/letter)

4/20/12 - packet 3 received from embassy

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