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Filed: Country: Canada
Timeline
Posted

Okay here's another question for you guys,

Okay the good news talked to my boss yesterday and I'm going to be getting a raise next month to the tune of an extra 255 a month which will bring me well over the 125% poverty limit that they require for me to bring my finacee over here. He is coming from Canada btw.

So here's the question with this new wage increase I'll make over the poverty level but in the past couple of years I made $350.00 less than the poverty level but it's the same employer which I have been with for 9 years going on 10. I also have a very substantial IRA account that I can use as an asset. Will I still need to get a co-sponsor since my last couple of years income was just under the required level?

Phallon

Filed: Country: Canada
Timeline
Posted

Oh and we are not filing paperwork until March or April of 2007.

Okay here's another question for you guys,

Okay the good news talked to my boss yesterday and I'm going to be getting a raise next month to the tune of an extra 255 a month which will bring me well over the 125% poverty limit that they require for me to bring my finacee over here. He is coming from Canada btw.

So here's the question with this new wage increase I'll make over the poverty level but in the past couple of years I made $350.00 less than the poverty level but it's the same employer which I have been with for 9 years going on 10. I also have a very substantial IRA account that I can use as an asset. Will I still need to get a co-sponsor since my last couple of years income was just under the required level?

Phallon

Filed: K-1 Visa Country: Brazil
Timeline
Posted
Okay here's another question for you guys,

Okay the good news talked to my boss yesterday and I'm going to be getting a raise next month to the tune of an extra 255 a month which will bring me well over the 125% poverty limit that they require for me to bring my finacee over here. He is coming from Canada btw.

So here's the question with this new wage increase I'll make over the poverty level but in the past couple of years I made $350.00 less than the poverty level but it's the same employer which I have been with for 9 years going on 10. I also have a very substantial IRA account that I can use as an asset. Will I still need to get a co-sponsor since my last couple of years income was just under the required level?

Phallon

I believe the important item is current earnings. That needs to be above the poverty guidelines. What you did last year or 2 years ago is just that. It will show a pattern of growth, but it is not what will qualify you. If you are above the poverty level, you are good to go. Having a co-sponsor to bolster support capability numbers won't hurt. Your substantial IRA could also be used as an asset. But if you are over guideline, you should not need anything else.

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Actually, they do look at previous years sometimes, to establish consistency in the earnings. A raise is a good thing, especially if you'll have a tax return putting you above the poverty guideline. If you include your assets in your Affidavit I believe you'll be just fine.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Filed: Country: Canada
Timeline
Posted

I just looked at my tax return for 2005 and I made over the poverty guidelines but that was only because I took out an IRA Distribution and with that it put me over the poverty level. This new raise will not show up until 2007 it will begin in January.

Actually, they do look at previous years sometimes, to establish consistency in the earnings. A raise is a good thing, especially if you'll have a tax return putting you above the poverty guideline. If you include your assets in your Affidavit I believe you'll be just fine.
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

That could be a problem depending on consulate requirements.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Filed: Country: Canada
Timeline
Posted

So basically what you're saying is that since I didn't meet the income requirements last year and for 2006 that my projected income for 2007 isn't going to have a baring on anything so what other options do I have. My brother can co-sponsor fo rme but I'm not sure what his earnings for 2006 will be enough because he just started this job he has now that pays him very well until October. So basically we are screwed. How deflating I was so happy that I was finally able to meet the income requirements but it appears that unless I didn't make enough money in the past it isn't going to matter. What about my IRA as an asset tho? I'm so confused now. We were so looking forward to being able to get this process started after the first of the year now it looks like we are going to have to wait for at least another year or more to even begin.

Phallon

That could be a problem depending on consulate requirements.
Filed: K-1 Visa Country: Brazil
Timeline
Posted (edited)

Phallon,

If you have a job and you earn enough to meet the guidelines, then you meet the guidelines. Because you did not meet the minimums last year is a moot point. Your task with I-134 is to prove that you have consistent income and that you meet the minimums. If the past earnings was being used, I am certain the Consulates could go back far enough on all of us and no one would ever get a Visa.

By the time that you file in March or April 2007, you will have a 2006 tax return that is at or near the minimum. Your current pay is the important part. Everything else shows your growth. You will have a letter from your employer on company letterhead verifying your salary is above the minimums. You will have pay stubs. When you apply in 2007 with a verified salary greater than the minimums in the guideline, you will be fine. They cannot penalize for the 2006 year before you filed the application. Don't make this confusing. You make more than the minimums. Show that to the Consulate. That is what I am saying.

joeyjoey

Edited by joeyjoey

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

Filed: Country: Canada
Timeline
Posted

Thank you Joey,

That seems to make more sense to me than what the other person was telling me. I'm going to file the papers in March or April and will file my taxes early so that hopefully a transcript will be on file for me to order by then. The consistent income is not a problem considering I've been there for over 9 years and don't plan on changing jobs anytime in the near future because I want to show them that I'm stable as well as can meet the requirements. How long before the 2006 transcripts will available does anyone know? I usually file at the end of january to get it over with.

Thanks for the prompt response.

Phallon

Phallon,

If you have a job and you earn enough to meet the guidelines, then you meet the guidelines. Because you did not meet the minimums last year is a moot point. Your task with I-134 is to prove that you have consistent income and that you meet the minimums. If the past earnings was being used, I am certain the Consulates could go back far enough on all of us and no one would ever get a Visa.

By the time that you file in March or April 2007, you will have a 2006 tax return that is at or near the minimum. Your current pay is the important part. Everything else shows your growth. You will have a letter from your employer on company letterhead verifying your salary is above the minimums. You will have pay stubs. When you apply in 2007 with a verified salary greater than the minimums in the guideline, you will be fine. They cannot penalize for the 2006 year before you filed the application. Don't make this confusing. You make more than the minimums. Show that to the Consulate. That is what I am saying.

joeyjoey

Filed: Citizen (apr) Country: Russia
Timeline
Posted
Thank you Joey,

That seems to make more sense to me than what the other person was telling me. I'm going to file the papers in March or April and will file my taxes early so that hopefully a transcript will be on file for me to order by then. The consistent income is not a problem considering I've been there for over 9 years and don't plan on changing jobs anytime in the near future because I want to show them that I'm stable as well as can meet the requirements. How long before the 2006 transcripts will available does anyone know? I usually file at the end of january to get it over with.

Thanks for the prompt response.

Phallon

Phallon,

If you have a job and you earn enough to meet the guidelines, then you meet the guidelines. Because you did not meet the minimums last year is a moot point. Your task with I-134 is to prove that you have consistent income and that you meet the minimums. If the past earnings was being used, I am certain the Consulates could go back far enough on all of us and no one would ever get a Visa.

By the time that you file in March or April 2007, you will have a 2006 tax return that is at or near the minimum. Your current pay is the important part. Everything else shows your growth. You will have a letter from your employer on company letterhead verifying your salary is above the minimums. You will have pay stubs. When you apply in 2007 with a verified salary greater than the minimums in the guideline, you will be fine. They cannot penalize for the 2006 year before you filed the application. Don't make this confusing. You make more than the minimums. Show that to the Consulate. That is what I am saying.

joeyjoey

You will be fine wit the letter from your employer telling what you make

filed 129 with vermont 4/19/06

first notice 5/3/06?

IMRA RFE 6/19/06

snail mail RFE 6/22/06

returned 6/22/06

email they recieved 6/26/06

second RFE email 7/11/06

recieved 7/22

returned 7/24

touched 7/25

APProved 10/02/06

NVC sent to Moscow 10/17/06

package from Embassy 11/17/06

interview 01/11/07

approved visa 01/11/07

arrived 02/7/07

married 04/13/07

filed AOS 05/13/07

biometrics 06/06/07

Posted (edited)

If you're worried, try to find a co-sponsor anyway. My current salary is well above 125% of the poverty guideline, but my past years show jack squat because I was a student. I know that what should matter is my current salary, but I'll just feel better with someone agreeing to be a co-sponsor just in case. What we'll do is I'll send my fiance the paperwork for the co-sponsor BUT he won't offer it up unless the interviewer says that I'm not an adequate sponsor and he needs someone else, THEN he'll pull out the co-sponsor's paperwork. So most likely, we won't need one, but I'll feel better knowing that, should the interviewer have PMS and decide I'm not good enough, we have a back up.

Edited by Angilla

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: Other Timeline
Posted (edited)

The requirement for I-134 is 100% of the poverty level not 125%.

Some consulates will want a tax return for those not self-employed; some will not. What does Canada want?

Do you have any money at all in savings? A $350 shortfall could easily be countered by showing some assets.

Keep a copy of your tax return before you send it out. Then you don't need a transcript.

Edited by rebeccajo
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

My opinion was given taking in consideration my consulate, which required 125% of the poverty guideline and the tax return which was actually the only thing they took in consideration so the fact that my husband (then fiance) made enough wasn't enough 'cus it didn't show in the tax return so we used a co-sponsor.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

 
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