HELP! No Affidavit of Support

[Kely&Jose 28]

Help! I want to inform myself. 

So I have filed for a K1 visa since Jan. 2018 and case approved and at NVC since Oct 17. My case by next week should leave to the Nicaragua U.S Embassy. 

Was getting ready to getting supporting documents from joint sponsor but now joint sponsor doesn't want to help. I the petitioner was a college student in Nicaragua and have been living here since 2014. So I have no incomes or tax returns. 

Now almost at the end of this whole process and after spending so much. MY fiance and I wanted to know if he can go to the interview proving his family here in Nicaragua has enough money to support him through the 3 months of the visa. 

And I as a dental assistance from new jersey can prove I will make enough money to support him when we move back. 

 

It's a big risk but I want to know if it's a possible risk!??? 

 

We really really want to move to New Jersey and wish to move back together and spend Christmas there. 

 

Any thoughts anyone? 

[geowrian 22,338]

  On 10/25/2018 at 10:00 PM, Kely&Jose said:

Now almost at the end of this whole process and after spending so much. MY fiance and I wanted to know if he can go to the interview proving his family here in Nicaragua has enough money to support him through the 3 months of the visa. 

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The CO makes a decision based on the totality of the circumstances. But it is quite unlikely for them to accept that IMO. Self-sponsor is only known to be available for London. An I-134 from a co sponsor should be provided.

Note that they likely need more 3 months of support since they cannot work for ~4-6 months after marrying and filing for AOS + AP + EAD. There's a reason why if one were to use assets, they need at least 3x the minimum income level.

On a practical level, how would you support yourselves once in the US?

Your potential earnings and employability doesn't matter. I have seen one case in Germany where a firm job offer was accepted, but even this is not a norm.

 

Your best best is to move back to the US beforehand and find a job, OR find a qualified co sponsor. Or use assets, if you have them available.

 

  On 10/25/2018 at 10:00 PM, Kely&Jose said:

It's a big risk but I want to know if it's a possible risk!??? 

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Possible? Yes...the CO makes a judgement call.

Likely? No. I absolutely would not count on it and would be looking at the other options noted above.

[Ben&Zian 4,398]

Have to agree with above. For K-1's, generally only the petitioner and USC co-sponsors are considered. Not even the beneficiaries money is normally. You can proceed and they may give you a request for co-sponsor; but that is up to the CO. Definately would be frantically finding another suitable co-sponsor otherwise it can be in the end denied and have to start all over.

This is part of the risk with co-sponsors, which, I personally, dislike the idea of... one for this reason, they can "back out" at any time, two, even when someone get's the US or finishes school, there isn't a guarantee or a job. No offense intended, but it's a reality.

Edited October 25, 2018 by Ben&Zian

[Kely&Jose 28]

  On 10/25/2018 at 10:14 PM, geowrian said:

The CO makes a decision based on the totality of the circumstances. But it is quite unlikely for them to accept that IMO. Self-sponsor is only known to be available for London. An I-134 from a co sponsor should be provided.

Note that they likely need more 3 months of support since they cannot work for ~4-6 months after marrying and filing for AOS + AP + EAD. There's a reason why if one were to use assets, they need at least 3x the minimum income level.

On a practical level, how would you support yourselves once in the US?

Your potential earnings and employability doesn't matter. I have seen one case in Germany where a firm job offer was accepted, but even this is not a norm.

 

Your best best is to move back to the US beforehand and find a job, OR find a qualified co sponsor. Or use assets, if you have them available.

 

Possible? Yes...the CO makes a judgement call.

Likely? No. I absolutely would not count on it and would be looking at the other options noted above.

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How do I prove assets? 

 

[Kely&Jose 28]

  On 10/25/2018 at 10:18 PM, Ben&Zian said:

Have to agree with above. For K-1's, generally only the petitioner and USC co-sponsors are considered. Not even the beneficiaries money is normally. You can proceed and they may give you a request for co-sponsor; but that is up to the CO. Definately would be frantically finding another suitable co-sponsor otherwise it can be in the end denied and have to start all over.

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It's kind of difficult to find another co sponsor not many people want that responsability 

[Ben&Zian 4,398]

  On 10/25/2018 at 10:21 PM, Kely&Jose said:

It's kind of difficult to find another co sponsor not many people want that responsability 

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Completely understandable, to most it's a huge responsibility obviously. 

As to assets, you need to have, I think 5x the minimum annual income needed....might be wrong on the amount but it's a lot in savings basically and you can show the embassy it's there and has been there for awhile,not just recently transfered in.

Or use other assets like vehicles, property, ect.

 

The other option of you moving back to the US and getting work so you can be the sole sponsor might be a good option is no other means are available.

[geowrian 22,338]

  On 10/25/2018 at 10:19 PM, Kely&Jose said:

How do I prove assets?

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Depends on the asset being claimed. You need to show ownership of each asset, net value of said asset, date acquired, etc, and show that it is convertible to cash without undue hardship within 1 year. For a bank account, 12 months of statements are usually the way to go. For a retirement account, a statement should be fine. For a house, it would generally be a copy of the title along with evidence of its current value (assessment preferred) and any liens against the house. For a car, you would need to show you have another (working) car so as to not cause an undue hardship by selling it.

"If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets"

 

Assets must be at least 3x the required income level. Technically it's 5x for everybody except a spouse or 18+ child, but I have seen them apply this rule to a fiance/fiancee as well.

Edited October 25, 2018 by geowrian

[Ben&Zian 4,398]

@geowrian states things much clearer than I do most of the time... maybe cause I'm drinking though(mean come on, see my left hand side GIF below??) or I'm at work...or the wifi here in Argentina is worthless where I am and can't spend more than 30 seconds typing something without risk of it dropping out again haha. And I just don't describe things all too well sometimes hahaha

 

Edited October 25, 2018 by Ben&Zian

[geowrian 22,338]

  On 10/25/2018 at 10:48 PM, Ben&Zian said:

@geowrian states things much clearer than I do most of the time... maybe cause I'm drinking though or at work...or the wifi here in Argentina is worthless where I am and can't spend more than 30 seconds typing something without risk of it dropping out again haha. And I just don't describe things all too well sometimes hahaha

@geowrian states things much clearer than I do most of the time... maybe cause I'm drinking though or at work...or the wifi here in Argentina is worthless where I am and can't spend more than 30 seconds typing something without risk of it dropping out again haha. And I just don't describe things all too well sometimes hahaha

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I think I'm the one drinking because I'm seeing double.

[Ben&Zian 4,398]

  On 10/25/2018 at 10:50 PM, geowrian said:

I think I'm the one drinking because I'm seeing double.

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See that's the internet down here haha. I edited my original post and saw it doubled everything and I got confused.

[Lemonslice 5,078]

  On 10/25/2018 at 10:21 PM, Kely&Jose said:

It's kind of difficult to find another co sponsor not many people want that responsability 

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Could you move back and start working in the US soon?  Then you'll be able to show current income...

[carmel34 3,681]

If you don't have a co-sponsor or sufficient assets, your best option would be to delay your fiance's interview as long as needed for you to go to NJ now on your own, get a job as a dental assistant, start earning income, establish a US residence, then file the affidavit of support documents showing your current US income.  It means a few months of being apart, but that appears to be the only way you have a chance of visa approval at the interview stage.  Going in to the interview without sufficient financial support would be an almost certain denial.  Good luck.

[little immigrant 801]

Remember you'll also need a sponsor for the I-864 when adjusting status. And the requirement is 125% not just 100%.

[Kely&Jose 28]

  On 10/25/2018 at 11:55 PM, carmel34 said:

If you don't have a co-sponsor or sufficient assets, your best option would be to delay your fiance's interview as long as needed for you to go to NJ now on your own, get a job as a dental assistant, start earning income, establish a US residence, then file the affidavit of support documents showing your current US income.  It means a few months of being apart, but that appears to be the only way you have a chance of visa approval at the interview stage.  Going in to the interview without sufficient financial support would be an almost certain denial.  Good luck.

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If I move back how do i show tax returns? If I have never filled ? Will it be enough with just showing my current income ? How long would I have to wait while working in NJ for my fiance to have his interview ? 

  On 10/25/2018 at 10:56 PM, Lemonslice said:

Could you move back and start working in the US soon?  Then you'll be able to show current income...

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Is showing current income good enough? How long do I have to be working to show that I am stable enough to maintain my fiance?  

[Lemonslice 5,078]

  On 10/26/2018 at 12:56 AM, Kely&Jose said:

How long do I have to be working to show that I am stable enough to maintain my fiance?  

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How are you planning to support yourself?  

 

Being employed for a few months is better than not having an income...

 

If you were not required to file taxes in previous years, you do not have to - simply write an explanation.  Current income =/= income on your tax forms (unless you're self employed).