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Posted
Just now, Jenny17655 said:

AND it's not the I864 it's the I134 which would be effective for no longer than 90 days (we are actually prepared to file AOS within 30 days). There is basically no risk as my fiance wouldn't be eligible to receive any public benefits during that time but most people hear support and automatically think there going to have to take care of this person on a daily basis. Believe me as much as I complain about it I am searching every day. 

The K-1 piece is the I-134, yeah. But even beyond that, the I-134 is not enforceable anyway....not just 90 days, but ever.

If one needs a co sponsor for the I-134, generally they would need a joint sponsor for the I-864 for AOS anyway.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Jamaica
Timeline
Posted
2 minutes ago, geowrian said:

The K-1 piece is the I-134, yeah. But even beyond that, the I-134 is not enforceable anyway....not just 90 days, but ever.

If one needs a co sponsor for the I-134, generally they would need a joint sponsor for the I-864 for AOS anyway.

You wanna be my co sponsor???

Filed: K-1 Visa Country: Jamaica
Timeline
Posted (edited)

Quick question.  Can the embassy demand I864 from co sponsor for K1 at interview? The 221g requested I864 but subsequent email stated idendify co sponsor and have the submit I134. 

Edited by Jenny17655
Posted
1 hour ago, Jenny17655 said:

Quick question.  Can the embassy demand I864 from co sponsor for K1 at interview? The 221g requested I864 but subsequent email stated idendify co sponsor and have the submit I134. 

They are not supposed to request the I-864 over an I-134 since the I-864 only applies to an intending immigrant that becomes an LPR since it is a legal contract. However, I have seen a handful of embassies request this from a co sponsor anyway, and there's not much one can do to challenge it IMO.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Jamaica
Timeline
Posted
1 hour ago, geowrian said:

They are not supposed to request the I-864 over an I-134 since the I-864 only applies to an intending immigrant that becomes an LPR since it is a legal contract. However, I have seen a handful of embassies request this from a co sponsor anyway, and there's not much one can do to challenge it IMO.

Well I will print out the email they sent me and submit it with the i134 and pray for the best

Filed: K-1 Visa Country: Romania
Timeline
Posted
On 9/3/2018 at 12:57 AM, Jenny17655 said:

It really does suck trust me. It doesn't suck for YOU because you probably aren't in the situation.  I am not rich by any means but I am currently living at about 175% of the federal poverty level (that's including my beneficiary in my household size). That's over the limit for AOS. People in general do not know enough about immigration to understand the I134 vs I864 and are completely afraid as soon as you mention the word support.  No one really cares about my relationship with my fiance. I love him, they don't (heck they don't even know him) and they are just going to go on with their lives. 

 

On 9/3/2018 at 8:29 AM, Jenny17655 said:

Then maybe USCIS should raise the income guideline to what they actually want people to meet. .  I know I for one did meet and exceed the guidelines provided by USCIS. I checked them BEFORE filing. Had I known that I would need a co sponsor from the beginning I would have had an extra 6.5 months at the least to look for one or increase my income Finding out at the embassy stage is terribly stressful and it sucks. And anyone's opinion on whether it sycks or not that had not gone through it does not count. Thank you.

 

You live in New York City, correct? You or your fiance are from Jamaica correct?

 

It makes total sense that immigration would ask you to get a co-sponsor in a high cost city like NYC. It sucks that they waited until the embassy to tell you, but I can understand their point of view.

 

They don't know if you're responsible with money or what your credit score is. All they know is you live in NYC and you don't make much money. So your standard will unfortunately be much different than some random person who lives in  low cost Oklahoma city. NYC has a large percentage of Jamaicans and I'm sure they took into account the current low income state of some of them, in order to prevent more of it.

Filed: K-1 Visa Country: Jamaica
Timeline
Posted
6 minutes ago, Rocko20 said:

 

 

You live in New York City, correct? You or your fiance are from Jamaica correct?

 

It makes total sense that immigration would ask you to get a co-sponsor in a high cost city like NYC. It sucks that they waited until the embassy to tell you, but I can understand their point of view.

 

They don't know if you're responsible with money or what your credit score is. All they know is you live in NYC and you don't make much money. So your standard will unfortunately be much different than some random person who lives in  low cost Oklahoma city. NYC has a large percentage of Jamaicans and I'm sure they took into account the current low income state of some of them, in order to prevent more of it.

NY is VERY big and I don't live in the city

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
13 minutes ago, Jenny17655 said:

NY is VERY big and I don't live in the city

You might not live in the city, but the assumption or not that the CO makes is on him. He is the one who gauges what will be enough for a k-1 or not. I am not independently wealthy, but for this process, even before i decided to embark on it..... i had worked for more than 3 years loads of OT and had plenty of cash saved up for an emergency and even 401k. Life happens and I met my wife and never even had the intention to be married before I did k-1. I did this and don't regret it. Still with me organizing it all and trips to see her and all, you still find yourself in the reality that several months and something (spending money) comes up. We dont live in an expensive area and we travel a little here and there and all begins to add to more and more spending. More this and more that, every couple knows this. Unless you are single, no kids, no debt and very low cost of living or unwanted expenses and a high salary/wages....honestly even $35K is not enough. This is just an opinion.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Filed: K-1 Visa Country: Jamaica
Timeline
Posted
1 hour ago, Alabamak1 said:

You might not live in the city, but the assumption or not that the CO makes is on him. He is the one who gauges what will be enough for a k-1 or not. I am not independently wealthy, but for this process, even before i decided to embark on it..... i had worked for more than 3 years loads of OT and had plenty of cash saved up for an emergency and even 401k. Life happens and I met my wife and never even had the intention to be married before I did k-1. I did this and don't regret it. Still with me organizing it all and trips to see her and all, you still find yourself in the reality that several months and something (spending money) comes up. We dont live in an expensive area and we travel a little here and there and all begins to add to more and more spending. More this and more that, every couple knows this. Unless you are single, no kids, no debt and very low cost of living or unwanted expenses and a high salary/wages....honestly even $35K is not enough. This is just an opinion.

You know what's even way more expensive?  A long distance relationship! I make a living, not wealthy but my kids are fed and my rent is paid and I am blessed with 2 jobs. I meet the income qualifications set forth by the US government to be able to sponsor my fiance to start this process but apparently not enough to finish it. Embassies have their own criteria and it's a secret. I'm facing the possibility of having to God forbid accept a denial on this visa and then spend more money to try again because I love my fiancee and we don't just walk away after this right? So more filing fees more plane tickets another medical etc. How can I afford all of these thing and the embassy not realize that I can take care of my fiance?

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
31 minutes ago, Jenny17655 said:

You know what's even way more expensive?  A long distance relationship! I make a living, not wealthy but my kids are fed and my rent is paid and I am blessed with 2 jobs. I meet the income qualifications set forth by the US government to be able to sponsor my fiance to start this process but apparently not enough to finish it. Embassies have their own criteria and it's a secret. I'm facing the possibility of having to God forbid accept a denial on this visa and then spend more money to try again because I love my fiancee and we don't just walk away after this right? So more filing fees more plane tickets another medical etc. How can I afford all of these thing and the embassy not realize that I can take care of my fiance?

i do understand what you mean what is more expensive. The problem does not rely on what we (VJ, members and or lawyer or whoever) it relies solely on that CO...he is is the one with the key to your approval. I have gone through the same process all the way to AOS right now. We had success. The process is frustrating to say the least, but either you comply or you don't get anything. This is how it is. I am on your side, it is unfair how they judge some cases and that may be the situation you are in, but the only thing left to do is comply. Hope you get a positive outcome on this. 

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Filed: AOS (apr) Country: Australia
Timeline
Posted
50 minutes ago, Jenny17655 said:

You know what's even way more expensive?  A long distance relationship! I make a living, not wealthy but my kids are fed and my rent is paid and I am blessed with 2 jobs. I meet the income qualifications set forth by the US government to be able to sponsor my fiance to start this process but apparently not enough to finish it. Embassies have their own criteria and it's a secret. I'm facing the possibility of having to God forbid accept a denial on this visa and then spend more money to try again because I love my fiancee and we don't just walk away after this right? So more filing fees more plane tickets another medical etc. How can I afford all of these thing and the embassy not realize that I can take care of my fiance?

Speaking from personal experience. The 6-7 month immigration AOS process (wedding, immigration, cars, phone plans, health insurance, my husbands surprise dental work, etc) while we waited for my husbands EAD was far more expensive then our long distance relationship. It was approximately 10 x the cost of a year of our long distance expenses (tickets to Australia are not cheap). 

 

Don’t get me wrong worth every penny and we saved for the immigration but it is still sticker shock how things add up during the AOS process. Just a heads up. Haha. 

 

Hopefully you figure it out and good luck! 

 

 

01/31/17.... K1 Visa Approved

02/03/17.... K1 Visa Received in Hand

06/05/17....Arrived in the USA (LAX)

06/24/17....Married on Cape Cod <3

 

07/10/17....Sent AOS package (I-485, I-131, I-765)

07/17/17.... AOS notice date for NOA1 (I-485, I-131, I-765)

07/21/17.... Received mailed hardcopies of NOA1s

07/29/17.... Biometrics Notice received in mail 

08/01/17.... Biometrics Appointment AOS - complete (walked in)

08/07/17.... Biometrics Appointment EAD - complete (walked in)

10/23/17.... EAD/AP card delivered to house YAY!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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