Out of options

[JEC777 13]

Spoke to my fiance today. We may have a solution, but it will take some gentle persuasion from me. We both have had a dream to live in Alaska for many years. My fiance moved up there from Montana earlier this year, but has had trouble finding work other than part time and trade for accommodation type work. He received a phone call last week from his old employer back in Montana, offering him his old job with better hours/pay. The poverty guidelines for Montana are nearly $10,000 less than what they are in AK, and the job with his old employer would cover the income requirements in MT. At the moment he is disappointed that AK hasn't worked out, but I am sure he will see that moving back to MT will allow us to be together and and that going back to MT is the best and only option. We are under pressure with the timeframe in which he needs to make a decision, our fiance petition expires in the first week of December, but I feel confident that he will see that this is our best option and start the move back to the lower 48.

Thanks guys for your advice, fingers crossed we have found our solution and I'll be able to post some happy news that our Visa has been approved in a a couple of months!

[KayDeeCee 4,894]

His income will not count. The rules for the I-134 is different from the I-864. You are applying the rule for the I-864 to the I-134 erroneously.

Anh Map has the correct answer to your situation. Get marry and then file for a spousal visa.

There's a quirk in US immigration law.

The foreign fiance's foreign income that will continue after immigrating to the US and the foreign fiance's assets cannot be used to meet the I-134 income requirement.

However, the I-864 is a different beast.

The foreign spouse's foreign income that will continue after immigrating to the US and the foreign spouse's assets CAN be used to meet the I-864 income requirement.

The reason for the difference is that the income of a household member who is related by birth, marriage, or adoption can be used. A spouse is always a household member even if the couple does not live together (see Form I-864). A fiance is not related by birth, marriage, or adoption. Therefore, the income and assets of a spouse would count but not that of an unrelated person who is a fiance.

No, I actually wasn't. There are times when consulates have allowed for self-sponsoring at K-1 interviews. London is known for sometimes allowing it and there was a case of a woman going through Brazil that received a pension that was well over the 125% requirement. She proved the pension would still continue even when moving to the US and getting married. They allowed her to use the pension. I offered the OP an option. It would not have hurt to ask the consulate in Australia if it would be possible. If it was not, then I also offered the option of them getting married so the income and assets would count on the I-864.

A fiance(e) is not a spouse, and yet most consulates will accept assets at only 3 times instead of 5 for an I-134. Most guidelines for the I-864 are followed when dealing with the I-134 for a K-1 visa.

[KayDeeCee 4,894]

Spoke to my fiance today. We may have a solution, but it will take some gentle persuasion from me. We both have had a dream to live in Alaska for many years. My fiance moved up there from Montana earlier this year, but has had trouble finding work other than part time and trade for accommodation type work. He received a phone call last week from his old employer back in Montana, offering him his old job with better hours/pay. The poverty guidelines for Montana are nearly $10,000 less than what they are in AK, and the job with his old employer would cover the income requirements in MT. At the moment he is disappointed that AK hasn't worked out, but I am sure he will see that moving back to MT will allow us to be together and and that going back to MT is the best and only option. We are under pressure with the timeframe in which he needs to make a decision, our fiance petition expires in the first week of December, but I feel confident that he will see that this is our best option and start the move back to the lower 48.

Thanks guys for your advice, fingers crossed we have found our solution and I'll be able to post some happy news that our Visa has been approved in a a couple of months!

Good luck. I hope things work out for the two of you.

[JEC777 13]

Good luck. I hope things work out for the two of you.

Thank You! Will keep positive and trust that things will work, we have come this far.... just meeting each other was a miracle, I know that we are all meant to be together and believe that one day we finally will be, it's just another hurdle and we have overcome all the others that have been laid in our path until now... Faith is key!

[bigdog 376]

Good Luck no matter what you do, you have been given a plan in prior postings.

[Rachel & Tom 9]

I agree with the others you could always try a spouse visa. But your fiance still needs to get a job regardless! One cannot survive on only one income in the US anymore - unless perhaps the one income is from a wall street banking gig. What is your fiance's education level? Could he attend job counseling? It's definitely not easy getting a job these days, but if you are persistent and dedicated then eventually your number will come up. I speak from experience.

I disagree with you about living in the US and having to have 2 incomes... We only have one income and we are fine, it’s about not living beyond your means and learning to budget your money correctly... they could live on one income here it is possible... We live a modest life in a nice home and have vacation still and go back and forth to India as much as we want... Don’t buy into the whole you need 2 jobs thing in the US… where there is a will there is a way remember that and god bless and good luck…

[pieroot 43]

why doesn't your fiance join you in your country?

[*Snowdrop* 604]

Spoke to my fiance today. We may have a solution, but it will take some gentle persuasion from me. We both have had a dream to live in Alaska for many years. My fiance moved up there from Montana earlier this year, but has had trouble finding work other than part time and trade for accommodation type work. He received a phone call last week from his old employer back in Montana, offering him his old job with better hours/pay. The poverty guidelines for Montana are nearly $10,000 less than what they are in AK, and the job with his old employer would cover the income requirements in MT. At the moment he is disappointed that AK hasn't worked out, but I am sure he will see that moving back to MT will allow us to be together and and that going back to MT is the best and only option. We are under pressure with the timeframe in which he needs to make a decision, our fiance petition expires in the first week of December, but I feel confident that he will see that this is our best option and start the move back to the lower 48.

Thanks guys for your advice, fingers crossed we have found our solution and I'll be able to post some happy news that our Visa has been approved in a a couple of months!

Are the poverty threshold requirements state specific now? I thought it was the same no matter where you live.

Edited to say - I've just looked it up and see that Alaska has a different threshold.

Sounds like you have your solution then - get the old job back - do the visa process. Once you are here, you can both work out how to make the move to your dream location together.

Edited September 27, 2012 by *Lynne*

[nigerwife 17]

Spoke to my fiance today. We may have a solution, but it will take some gentle persuasion from me. We both have had a dream to live in Alaska for many years. My fiance moved up there from Montana earlier this year, but has had trouble finding work other than part time and trade for accommodation type work. He received a phone call last week from his old employer back in Montana, offering him his old job with better hours/pay. The poverty guidelines for Montana are nearly $10,000 less than what they are in AK, and the job with his old employer would cover the income requirements in MT. At the moment he is disappointed that AK hasn't worked out, but I am sure he will see that moving back to MT will allow us to be together and and that going back to MT is the best and only option. We are under pressure with the timeframe in which he needs to make a decision, our fiance petition expires in the first week of December, but I feel confident that he will see that this is our best option and start the move back to the lower 48.

Thanks guys for your advice, fingers crossed we have found our solution and I'll be able to post some happy news that our Visa has been approved in a a couple of months!

You don't have to give up your Alaska dream! Once you're here and considering you will still have your current income, you can take the Alaska risk again TOGETHER. Good luck!

[Ban Hammer 13,445]

one post removed for less than diplomatic writing. please do not post replies that detract from the issue at hand and may force the recipient to feel defensive.

[Nick + Elizabeth 54]

why doesn't your fiance join you in your country?

That's what I was thinking. I can't imagine Australia being a bad place to live. It seems on par with Europe, USA, and Canada.

[Xanax 349]

Is there anyway your fiance could move to be with you?

[Ron4 22]

Why does his fiancee need a job? "REGARDLESS!" - really????? How do you know that the OP does not make enough for his fiancee and him to survive on one income in the US?

What if the USC is sick and can't work? What if the foreign spouse will continue to have an income of $200,000 a year?

Stop giving personal advice on getting a job and surviving in the US when you don't know anything about the poster's personal lives. The USC getting a job and them living on one income is irrelevant to the immigration question. As long as they meet the 125% poverty line, what does it matter if the USC works or not and them choosing to live on one income?

So true, and they should know this since applying for K-1. We just got approved for K-1 and know we will have to live on one income for at least several months as she will not be allowed to work when she arrives.

[AmyWrites 593]

Why not have him move to Oz? It's much easier to get a job there.

[johnjurewicz 1]

tell your fiance to get job quick or try ask him to move out to you

Jobs are a reality of life unless the person(s) are financially independent or self-employed and can show good tax records.

I would agree that he should get working 2 jobs ASAP.