Asked to leave - insufficiant income

[Dawn123 0]

Has anyone gone through the process and not met the requirements? Do you get a "second chance" (look for a sponsor)? How quickly after the marriage do they look at the Affidavit of Support? How quickly is the beneficiary asked to leave the country if the requirements are not met?

Thanks!

[YuAndDan 153]

Why are you asking these questions?

You need to meet the requirement in order to get the visa. And after marriage you need to meet the requirement when filling for AOS. You won't get green card and will be out of status and deportation proceeding may happen.

If you don't meet the 125% poverty guideline then get a co-sponsor, list assets.

[ready4ONE 5,400]

Looks like you two have been through quite a lot! How are you both traveling the world so much, yet you don't meet the income requirement? Just curious...

Anyway, I don't have an expert answer for you, your timeline on your signature says you were denied the visa back in February, so first off you should look to see how long you had when denied to answer the basis for the denial.

If it was income, why are you looking into getting a co-sponsor in late November?

As a hopeless romantic, I hope that things can work out for the two of you, but you seem to have a complicated situation that could well require consulting if not hiring an experienced attorney. Good luck!

[kitkat1 5]

Has anyone gone through the process and not met the requirements? Do you get a "second chance" (look for a sponsor)? How quickly after the marriage do they look at the Affidavit of Support? How quickly is the beneficiary asked to leave the country if the requirements are not met?

Thanks!

How could you have gotten to the interview stage without having to provide support information?

Are you now talking about getting married while he is in the country with a different kind of visa and then trying to prove support at AOS?

What kind of waiver option are you talking about in your timeline?

Sounds like you need a lawyer to walk you through this step-by-step and explain to you exactly what is required. Perhaps you should start reading and understanding the financial support requirements of visas to the US. If you need a co-sponsor and don't have one, AOS will be denied.

[Dawn123 0]

Thanks for your responses.

How could you have gotten to the interview stage without having to provide support information?

We, of course, did have to provide financial information in the I-134, but that was almost a year ago. I am concerned about the I-864 as I have been a student for the past year and didn't have a taxable income.

Are you now talking about getting married while he is in the country with a different kind of visa and then trying to prove support at AOS?

No

What kind of waiver option are you talking about in your timeline?

I-601 Waiver

How are you both traveling the world so much, yet you don't meet the income requirement?

We just have different priorities that those the government sets forth. We live very comfortably, try to invest our assets wisely and have traveled inexpensively in inexpensive countries.

If it was income, why are you looking into getting a co-sponsor in late November?

We weren't denied due to income, but rather for other reasons which we have since worked through. Unfortunately, the only people that we could ask to co-sponsor us are his parents and they are not US citizens, so do not qualify.

We are trying to avoid lawyers as they are pricey and have been fortunate to have VisaJourney and the Internet as valuable resources. Given our situation thus far, hiring a lawyer would not have expedited the process. Thanks again for your comments.

[Ladylethal 12]

Don't you have any other family or a close friend that could be your co-sponsor? 'Cus if you don't meet the 125% poverty guideline requirement, you WON'T get the green card. So instead of trying to go ahead without meeting the guideline, look into getting a co-sponsor.

Keep in mind that if you don't make the poverty guidelines through employment, you can make it through assets if you have them.

[Yodrak 7]

cdr,

You don't need taxable income, tax-free income will do quite nicely. (Or assets that you can liquidate.)

Yodrak

Thanks for your responses.

We, of course, did have to provide financial information in the I-134, but that was almost a year ago. I am concerned about the I-864 as I have been a student for the past year and didn't have a taxable income.

[john_and_marlene 162]

If you don't have adequate income/assets/cosponsor and want to domicile in the U.S., you may have to modify your plans/priorities/timelines to meet the requirements. You are asking for a benefit that has certain requirements that you must meet regardless of the lifestyle you choose.

[kitkat1 5]

If you don't have adequate income/assets/cosponsor and want to domicile in the U.S., you may have to modify your plans/priorities/timelines to meet the requirements. You are asking for a benefit that has certain requirements that you must meet regardless of the lifestyle you choose.

And just to add to john_and_marlene's comments, no one can get through the process without somehow meeting the financial requirements. This happens BEFORE marriage on a K1 not after, so there is no issue of someone being "asked to leave the country". They wouldn't get in in the first place. You also wouldn't get to the point where you would be allowed to submit a 601 waiver without meeting the financial requirements.

If the original denial was through Argentina, I would ask the consulate there directly if it's possible to reopen the case with new financial support information. If not, my guess is you would have to find a co-sponsor and start over again from the beginning.