Questions regarding our application, specifically affidavit of support

[oscillate.wildly 1]

Hi everyone,

I could do with some advice please regarding both the timing and affidavit of support for our application (my fiancé (petitioner) is American and I am from the UK).

We filed our I-129f in Feb and received our NOA-1 back on 12th Feb. Unfortunately for us we are filling at Texas so have not heard anything, and our timeline estimates that the I-129f may be adjudicated between September 4 and 17

My first question is regarding timing. I know every case is different etc, but we are trying to figure out how we can spend time together after August. Currently we are both working together in Canada until the end of August, after which I will return to the UK. Say our case is adjudicated in mid-September, 1. what is more most realistic timeframe between then and getting the visa? and 2. how possible would it be for me to visit the US during the time? I have a rough idea of approximate timeframes but I am still confused, and I don't know the timing for when I have to be in the UK for medical etc.

Leading on from this, if I chose to visit the US for e.g. October and November but was called to arrange the medical etc during that time, could I request a later interview/medical to avoid and expensive rush back to the UK? We would much rather be together for longer/avoid long stretches apart and get the visa a little later over getting the visa ASAP but be apart for months on end

Secondly, I have some concerns about the affidavit of support for both the K1 and AOS which are proving a little tricky to find answers to. We have the option of having a joint sponsor (my fiancés mom), but if we do it ourselves we could much prefer that. Our problem is that my fiancé will likely be unemployed by the time I have my interview and perhaps when we apply for AOS, and has not reached the 125 (or 100%) poverty guidelines over the past 4 years because of studying abroad/constant travelling for us to be together whilst I finished my PhD in the UK

So:

1. I have £50k in savings, and could perhaps raise another 10k by the interview - can I use this to self sponsor for the K1? I'll be going through the London embassy. I hear this is enough, but I am trying to find out whether I need to take an affidavit of support with me

2. For AOS, can I use my assets above combined with my fiancé's for the adjustment of status? Between us we have 5 x 125% of the poverty level for a household of 2. My savings are in GBP which I would really like to avoid having to move to the US because of exchange rates and fees etc, but I can of course say that I am willing to do so in any interview! Whatever the case though, I can access it from the US

3. If yes for the above, would it still be ok is he is unemployed at the time of the interview?

4. If we can not combine our assets, his mom has offered to sponsor us. She is retired, but almost owns her home and I believe has a good retirement fund, which would be in a lump sum I suspect (not familiar with US retirement though). Please can someone advise if this is possible?

Sorry for so many questions but I hope someone has some answers. I very much appreciate all your help and support. I hope you're all hanging in there x

[KayDeeCee 4,893]

~ Moved from K-1 Process to UK regional - topic is specific to London ~

[Nich-Nick 3,354]

1) Yes most definitely enough to self-sponsor. No to the I-134. Bring documentation of your money...bank statements or whatever shows the assets.

2) Yes you can combine. There is a place for your assets on the I-864. Section 7, #6-8 if I remember correctly. Read the I-864 instructions and you will learn that for the spouse it is 3X the poverty for assets. It is 5X for a joint sponsor.

3) Yes

4) N/A

Concerning you questions about after NOA2, this explains what happens for a London applicant. http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/?p=6741216

The date of the interview is in your hands. If you got NOA2 in September, no medical will happen until you make the appointment. No interview date will be assigned to you until you get the things explained in the link done. Spend months in the US if you like. Or stay in the UK and have a visa before Christmas. It varies a lot but it is possible to have the visa 2.5 months past NOA2 if you prepare and get your ducks in a row. That same thread I gave you the link for has a list of the ducks you need to line up prior to NOA2 if you want to be on top of things. (See post #1) It does seem to get slower at the embassy with Thanksgiving, Christmas and New Years holidays because of the days closed and staff taking holidays as well.

Some of the embassy web pages have changed since that thread was written. Apologies for broken links. Can't edit.

Edited May 13, 2015 by Nich-Nick

[oscillate.wildly 1]

Thanks so much for some very useful info. I was so clued up on all this back in Feb but a lot of it has gone now!

Just a few more questions in light of what you have said if that's ok:

- you said that it's 3x for assets for me, but also that I don't have enough to self-sponsor for the I-134 - am I right thinking that this is only if I want to help e.g. my parents get a visitor's visa, and is not the for the k1/AOS process?

...therefore because 3 x 125% poverty level is ~$60 with some wiggle room, I must be able to self-sponsor for the I-864. Does anyone have any experience of how favourably (or I guess unfavourably) they look upon this during the AOS process? I.e. even though we have met the requirements, could they still decide to deny? I have no doubts about things like proving our relationship as we have been together for over 4 years and have spent a good amount of that living as a couple as much as visa restrictions would allow

In short I am trying to figure out whether we need to get a sponsor as a 'just in case' backup even though we meet requirements, but I would like to avoid getting his mom involved if possible because I think it's a big ask for someone who is retired, even if the actual risk to her is non-existant in my opinion (because I would do a hell of a lot to avoid becoming any kind of burden on anyone)

Finally, do anyone have an approximate idea of how much notice we will get to do the things in London. You mention 2 1/2 months from NOA-2 to the visa in good cases, but how much of that is the process in the UK? i.e. how much time would we need to be apart?

This is getting me thinking. We wanted to have our wedding in June/July next year, so were just going to get married at a registry and then have our wedding later. From what you say it sounds like we may possible be able to coordinate things so we could actually get married at our wedding! But can we delay things this long?

I know some of you will be thinking we're crazy asking if we can delay things, but as I said if we can live together in the meantime it's not too important when we actually get married (well, in the grand scheme of 4 years!)

Thanks everyone

[Nich-Nick 3,354]

- you said that it's 3x for assets for me, but also that I don't have enough to self-sponsor for the I-134 - am I right thinking that this is only if I want to help e.g. my parents get a visitor's visa, and is not the for the k1/AOS process?

You have £50,000 which enough for you to self-sponsor yourself for a K1 visa at the US Embassy in London. There is no 3x anything attached to a K1 and self-sponsorship. It is a subjective decision by the officer. Others have been approved for a K1 with that much. If you had said you had £10,000 then I would have said I don't know if that would convince the officer.

I have no idea where your parents and a visitor visa got into this discussion. I lost the plot there.

therefore because 3 x 125% poverty level is ~$60 with some wiggle room, I must be able to self-sponsor for the I-864. Does anyone have any experience of how favourably (or I guess unfavourably) they look upon this during the AOS process? I.e. even though we have met the requirements, could they still decide to deny? I have no doubts about things like proving our relationship as we have been together for over 4 years and have spent a good amount of that living as a couple as much as visa restrictions would allow

AOS and K1 are separate issues, differerent agencies of the government, and different Affidavits of Support. The rules are different. You can NOT sponsor yourself for adjustment of status. Your husband MUST sponsor you by filling out an I-864, even if he has no job. He must supply US tax return info. However because you are by then a married couple, your assets and his assets can be combined to qualify on assets. That's what you asked originally and I said yes to combining. The USC spouse is the primary sponsor as required by immigration law. For AOS, unlike the K1, it is clearly laid out what qualifies. There are 13 pages of instructions with the form I-864 explaining much of the requirements. it is not whether the officer thinks favorably of your spouse's employment. Meet the requirements, provide the required documentation, and there should not be a problem.

Finally, do anyone have an approximate idea of how much notice we will get to do the things in London. You mention 2 1/2 months from NOA-2 to the visa in good cases, but how much of that is the process in the UK? i.e. how much time would we need to be apart?

Nobody knows an exact time line. Everybody's is different and what happened last month may not be true by September. Your case goes...

from TSC to NVC (does that take a week, two weeks??)

from NVC to London (does that take a week, two weeks??)

Then you do the three things required and get an interview letter.

To be honest, I am not concerned with your desire for no time apart. Most of us spent time apart. Sometimes you have to put on your big girl panties and go through the required process whether it is apart temporarily or not. That is the consequence of a relationship with a person from another country. You can try your best to manipulate the process, but timing of each step along the way is not predictable. I can offer info on the process requirements and you have to pull the timing out of thin air. There are people on here who have had to change their wedding date three times because of bad predictions. Trying to micro-manage immigration can lead to disappointments. My suggestion is make your big goal living together in the US and then just follow the steps to get it done as soon as possible, disregarding your short term wishes because those don't always work out. Harsh? Sorry, but that's my opinion based on a long time helping on this forum.

[oscillate.wildly 1]

You have £50,000 which enough for you to self-sponsor yourself for a K1 visa at the US Embassy in London. There is no 3x anything attached to a K1 and self-sponsorship. It is a subjective decision by the officer. Others have been approved for a K1 with that much. If you had said you had £10,000 then I would have said I don't know if that would convince the officer.

I have no idea where your parents and a visitor visa got into this discussion. I lost the plot there.

AOS and K1 are separate issues, differerent agencies of the government, and different Affidavits of Support. The rules are different. You can NOT sponsor yourself for adjustment of status. Your husband MUST sponsor you by filling out an I-864, even if he has no job. He must supply US tax return info. However because you are by then a married couple, your assets and his assets can be combined to qualify on assets. That's what you asked originally and I said yes to combining. The USC spouse is the primary sponsor as required by immigration law. For AOS, unlike the K1, it is clearly laid out what qualifies. There are 13 pages of instructions with the form I-864 explaining much of the requirements. it is not whether the officer thinks favorably of your spouse's employment. Meet the requirements, provide the required documentation, and there should not be a problem.

Nobody knows an exact time line. Everybody's is different and what happened last month may not be true by September. Your case goes...

from TSC to NVC (does that take a week, two weeks??)

from NVC to London (does that take a week, two weeks??)

Then you do the three things required and get an interview letter.

To be honest, I am not concerned with your desire for no time apart. Most of us spent time apart. Sometimes you have to put on your big girl panties and go through the required process whether it is apart temporarily or not. That is the consequence of a relationship with a person from another country. You can try your best to manipulate the process, but timing of each step along the way is not predictable. I can offer info on the process requirements and you have to pull the timing out of thin air. There are people on here who have had to change their wedding date three times because of bad predictions. Trying to micro-manage immigration can lead to disappointments. My suggestion is make your big goal living together in the US and then just follow the steps to get it done as soon as possible, disregarding your short term wishes because those don't always work out. Harsh? Sorry, but that's my opinion based on a long time helping on this forum.

OK thanks, from what you are saying it sounds like we do not have to involve another sponsor.

I get the impression that I am irritating you slightly because I am a bit rusty on the process after K-1 (for example I had to clarify which form the I-864 was (I assumed correctly that it was for AOS) but what came up was that it was for sponsoring parents/visitors coming over, so I incorrectly assumed you were talking about that, sorry. I am juggling a few things right now and haven't been able to spend the few days reading up on the details so wanted to clarify what I thought might be the case.

Regarding the K1 specifically, I was trying to establish people's thoughts on whether I can go to the interview with no affidavit of support, because for us there is a trade-off between being 100% certain I have enough, or there being some element of risk even with that amount and therefore getting his mom involved (which again I would like to avoid if possible but will if we have to)

Yes, I know this involves time apart, and honestly, it really irritates me that any questions/posts on this forum are usually met with the same 'deal with it' statements. We have spent each of the last 4 years with substantial (e.g. 6 month) periods apart time and time again because of my field research based in Africa along with the standard visa/immigration issues, so believe me we have done more than our fair share of time apart, both related and unrelated to the K-1 process. My 'big girl panties' have been on for 4 1/2 years, thanks very much. I'm not being rude or funny, but this point I am not satisfied with making no effort to minimise this just because the process is unpredictable and 'it's just how it is'. Maybe we're just going to have to let the process happen and for me to go back to the UK for an indefinite amount of time, then buy a last minute (and I assume highly expensive) flight to the US a week after getting the visa, to then get married at a registry office and plan our wedding for when we know it is certain. Or we can try to be a bit more intuitive about the whole process considering that I already have a B-2 visa and so may be able to buy some time to add some form of predictability to things, no matter how small. Again I feel very, very much for those also experiencing long periods of separation because I know how awful and almost unbearable it is, and I feel very lucky that we are currently physically together, but believe me we have done our fair share of time apart so trying our best to minimise it where we can because we are just so tired of 4 years of it. This does not mean that I am not looking at the wider goal of spending the rest of our lives together. If I thought there are ways of shaving off a few weeks or months of time apart, why on earth would I just lie down and accept that 'deal with it' is the right attitude?

OK rant over. My question please is: how long can we wait from receiving the NOA-2 to getting the medical etc etc and arranging an interview? I feel that for those who can wait because they are able to visit, delaying this step can add some predicability. For example, let's say we get our NOA-2 on Sep 1st. From what I understand, I may either 1. wait in the UK until the interview, which means that we will get the visa asap but will be subject to waiting times etc, plus get married in the registry considering that our wedding has to be in Spring/summer because of our families' commitments, OR 2. say: ok, let's plan to do the medical asap, but let's schedule an interview for January, therefore removing some of the unpredictability (because of waiting times etc). I could then go to the States to be with Chris until nearer the time, come to the UK for the interview, get the K-1, we can then plan our wedding for Spring and actually get married at our wedding, which would be nice.

Do you see where I am coming from?

I think the key question is: what is the time limit between receiving the NOA-2 and arranging an interview, and do you have say over this (as it sounds like you say we do)

Thanks for your help, I appreciate it

[Nich-Nick 3,354]

I am not irritated at all. I don't spend my time answering people I find annoying. I was only trying to clarify what you didn't understand in my first response, so tried to explain more where I thought you were not understanding. And I got lost on the visitor visa and where that came from so couldn't respond to that part.

The steps after NOA 2 are in this post. http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/?p=6741216I don't know if you read it or not, but I don't want to write it all out again. The time it takes is dependent on your service center getting to case to NVC and NVC getting you case to London. Mine was in London 10 days after NOA2. Lee (wbeem) waited 25 days from NOA2 to London. She had her medical the day after it got to London because she had already made the appointment knowing the procedure and shortcuts. DeborahNeil waited 28 days for NOA2 to case arrival in London. Their medical was eight days later. Until the embassy has the medical results, no interview will be assigned.

The forms could be submitted from any computer in the world. You must be in London for the medical. You pick the date. Then you wait on an interview. You could go visit during that time. If you want to be in American instead of rushing to the medical, you can do that also.

This post tells how long current people have waited between their medical and the interview London assigned them. You will see it varies by five weeks difference. http://www.visajourney.com/forums/topic/542752-progress-thread-for-tsc-filers-now-between-nvc-and-interview-stage/?p=7615641

I have a lot of information on the processes. I am not great at oozing with sympathy. We all have our faults. Don't hate me for it. I understand your feelings but I can't give you an exact timeline because there isn't one. Start reading threads and stories in this UK forum and you can find people with the same frustrations as you and what their plans are and what their disappointments have been. They will show you lots of love. Start with this one http://www.visajourney.com/forums/topic/542752-progress-thread-for-tsc-filers-now-between-nvc-and-interview-stage/

Lovely people.

Edited May 13, 2015 by Nich-Nick

[oscillate.wildly 1]

Thanks, that's all really helpful. Ha I don't hate you for not being overly sympathetic and I didn't mean to rant, I just get a little irritated when I'm told to get on with it

May I have your opinion lastly though on whether you think I need a affidavit of support as a back-up for the London K-1 interview? I know it's subjective as to what the officer thinks, but there must be a threshold! ...which I know is also unknown but is there some good evidence out there as to what that could be?

Thanks again

[Nich-Nick 3,354]

If I thought you needed an affidavit of support, I would have said so. I REALLY think you have enough. It's like $78,000. I think half as much would pass.

I have read every UK story and post since 2008 and there are lots of threads about this but advanced search isn't working so well for me. Some anecdotes are not separate threads but are buried in long chatty threads where people talk about their upcoming interviews and then what happened on the day. I know for sure that people have been approved with less than 3x because it has been posted and discussed before. It was quick with little discussion or analysis. They may want to know how you plan to get the money to the US. Just say Transferwise. You will not have to prove it has been moved to the US.

If you want to take an I-134 from Mom as a back-up then take one. It is up to you. When the document person asks where your I-134 is (because that's her routine) say "I am self-sponsoring with assets." Give her your documentation. Some organize it in a spreadsheet with a total if there are several institutions where you have money. show a conversion to US dollars. I recall somebody reporting, the interviewer looked at the spreadsheet and didn't even look at the financial statements. They are pretty easy in London.

Okay. Found one thread by going page by page through 50 pages of this forum. Several chimed in on their experiences.

http://www.visajourney.com/forums/topic/466370-k1-self-sponsor-london/

Edited May 13, 2015 by Nich-Nick

[oscillate.wildly 1]

Great, thanks, I feel reassured now

Okay. Found one thread by going page by page through 50 pages of this forum. Several chimed in on their experiences.
http://www.visajourney.com/forums/topic/466370-k1-self-sponsor-london/

Thanks for being awesome and taking the time to do this! I admit to getting a bit overwhelmed when trying to find these kind of things (and to getting overly and unnecessarily worried if there are examples of things not going to plan)