Help - K-1 Affidavit of Support

[LubsLima 0]

Hello, I'm new here and I'm a bit lost, but I would like help and would be very grateful to anyone who could help me.

 

Me and my fiance started the K-1 process at the end of October and everything was going well. He received the NOA2 (I still did not receive it on paper, I only received an email from the consulate saying that our process has already arrived in Brazil). Even though I did not receive the document in hand, I read in some cases that people presented the same document that the USC received and this was not a problem, so what I did was to finalize the procedures and pay the appropriate fees. The only things missing for the interview are the average exams and the I-134 form which is exactly where our problem "begins".

 

My fiancé is a student and he just got a job, he says he will never be able to make the amount of money that the US consulate asks to be able to support me in the United States, so we go to the co-sponsor who in this case would be his parents. What happens is that recently he discovered that parents are not in the best monetary conditions and he fears that this is also a problem when submitting the form. I have a job invitation letter that is where I worked in the USA in 2015 where I met my fiance and who could be a document to be presented the day of the interview.

 

My fiancé is very afraid of going to the interview and the consulate does not find enough information from the co-sponsor and the job invitation letter.

What should I do? Go with such evidence and try anyway? I thought about waiting a few more months, the US embassy in Brazil allows me to change the interview date (at least one more time), but I do not think their financial situation will change very fast.

 

If I have the visa denied, what are the consequences?
If I give up on K-1, are there consequences that could be considered negative?

There are a lot of things going on in my head right now and I would like to hear from you who have experience in this subject or have gone through a similar situation to help me.

Thank you!

 

 

[p-ana 933]

Only the USC receives the noa2.

 

If your fiancé doesn't make enough, you need a sponsor. One of his parents can be a sponsor, not both. Even if they are not in the best "monetary conditions". If one of them makes enough currently and the amount he/ she makes covers his/ her household size plus you, you can go for it. Your "job invitation letter" is not good, since when you arrive you won't be able to work anyway.

 

If your visa is refused, it can make it harder for you to get a tourist visa, may make them scrutinize another immigrant petition... same if you just give up.

 

going through this process is hard and it's for your best interest to educate yourself, plan ahead, etc. if now it's not the right time, wait it out until is and be better prepared in the future if you try again.

 

best of luck

[Suss&Camm 2,213]

You need to find out exactly the financial situation. What does the parent with the best income make? How large is the household? Are there any assets they can consider that would also help. How much does your fiancé actually make? How much is thereby missing?

 

If not, does he have any other relatives or friends that would consider being of help?

 

 

Edited January 26, 2017 by Suss&Camm

[LubsLima 0]

23 hours ago, p-ana said:

Only the USC receives the noa2.

 

If your fiancé doesn't make enough, you need a sponsor. One of his parents can be a sponsor, not both. Even if they are not in the best "monetary conditions". If one of them makes enough currently and the amount he/ she makes covers his/ her household size plus you, you can go for it. Your "job invitation letter" is not good, since when you arrive you won't be able to work anyway.

 

If your visa is refused, it can make it harder for you to get a tourist visa, may make them scrutinize another immigrant petition... same if you just give up.

 

going through this process is hard and it's for your best interest to educate yourself, plan ahead, etc. if now it's not the right time, wait it out until is and be better prepared in the future if you try again.

 

best of luck

 

Thank you for the answers. Some things in my head have become clearer.
I'll check with him about this amout, I really do not know about it, bur probably the co- sponsor is going to be his father.

Is there any place where I can look at all the acronyms and meanings? I really thought NOA was the letter I would get, but I think I'm confusing the terms.

Thanks!!

[p-ana 933]

2 hours ago, LubsLima said:

 

Thank you for the answers. Some things in my head have become clearer.
I'll check with him about this amout, I really do not know about it, bur probably the co- sponsor is going to be his father.

Is there any place where I can look at all the acronyms and meanings? I really thought NOA was the letter I would get, but I think I'm confusing the terms.

Thanks!!

Noa means notice of action (1 is the receipt notice and 2 approval notice) and because your us citizen fiancé is the one that filed for you, he's the one getting mail. Brazil only sends out an email and they contact the us citizen as well, so all through the i129f petition and k1 visa phases the us citizens are the ones getting the mail/ email, etc

 

 

[pantonia 39]

On 1/25/2017 at 5:53 PM, LubsLima said:

Hello, I'm new here and I'm a bit lost, but I would like help and would be very grateful to anyone who could help me.

 

Me and my fiance started the K-1 process at the end of October and everything was going well. He received the NOA2 (I still did not receive it on paper, I only received an email from the consulate saying that our process has already arrived in Brazil) That's normal, only the USC receives the email. Even though I did not receive the document in hand, I read in some cases that people presented the same document that the USC received and this was not a problem, so what I did was to finalize the procedures and pay the appropriate fees. The only things missing for the interview are the average exams and the I-134 form which is exactly where our problem "begins".

 

My fiancé is a student and he just got a job, he says he will never be able to make the amount of money that the US consulate asks to be able to support me in the United States, so we go to the co-sponsor who in this case would be his parents. What happens is that recently he discovered that parents are not in the best monetary conditions and he fears that this is also a problem when submitting the form.  What determines that they meet the requirements is the poverty guideline. https://www.uscis.gov/i-864p . For the k-1 process, your dad or mom needs to make 100% of the poverty guidelines and later for the AOS, it needs to be 125%, so I recommend just making sure that one of them meets 125% right away. To count the household size, they must include the intended immigrant too.  I have a job invitation letter that is where I worked in the USA in 2015 where I met my fiance and who could be a document to be presented the day of the interview. It doesn't matter. they need a USC who meets the requirement and signs the form, there's no way around that bit. Even if you had a secured job that would wait for you until you can work, they don't count your income and they don't care. At best it can be shown as FURTHER proof that you won't be relying on the government economically, but it's not a replacement for meeting the affidavit of support.

 

My fiancé is very afraid of going to the interview and the consulate does not find enough information from the co-sponsor and the job invitation letter. The job invitation letter doesn't matter, but you absolutely need to make sure you have sufficient proof that either he or his co-sponsor meet the requirements.

What should I do? Go with such evidence and try anyway? I thought about waiting a few more months, the US embassy in Brazil allows me to change the interview date (at least one more time), but I do not think their financial situation will change very fast. Have all the information first. Make sure that your co-sponsor meets the requirements. Then, they need to gather the documents required to prove this and you need to have them with you at the interview, so rescheduling is a good idea if it gives you more time to get the paperwork in place. If they can't be the co-sponsor, you'd have to find a different one.

 

If I have the visa denied, what are the consequences? I am not sure of the exact process, but I think you just get denied and can start the whole process again, making sure that for the next time you have fixed whatever problem caused you to be denied the first time.
If I give up on K-1, are there consequences that could be considered negative? I don't know what's better, to cancel the k-1 process if you know you don't meet the requirements, or letting yourself get denied, but I am pretty sure either way you can apply again in the future. 

There are a lot of things going on in my head right now and I would like to hear from you who have experience in this subject or have gone through a similar situation to help me.

 

Thank you!

 

 

I hope you find out that your fiance's dad/mom can sponsor you and everything goes well!