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Posted
6 hours ago, mogiftney said:

Hello, I’ve been looking more into this whole process this morning. I’m currently just starting the process, I’m finishing the I-129F and haven’t sent anything off yet. However, I have discovered that the I-134 will need to be filled by myself and my mother who will be the joint sponsor, even though I’m unemployed, and taken to the London embassy by my partner way down the road. My mother supports me financially and will be supporting my partner as well, so she can prove this in her I-134, but I won’t be able to put anything down. Will this look terrible even if my mother is supporting her? I’m sure it would look better if I was employed, but first off, I just don’t need to work. I’m supported by my mother, and would rather (like everyone else) spend my time actually with my partner if I don’t need to be employed because I have enough support and savings from my family. How would my partner go about explaining this to the embassy if they ask why I haven’t been employed? Would she say in so many words what I just said, and would that be acceptable? I assume I could submit some kind of proof of my savings along with proof of my mother’s support for my partner?

Hi OP:

Hopefully this will help answer your questions, from someone who went through both London and AOS with a cosponsor/joint sponsor.

 

The good news is, yes London allows for cosponsoring. It's a simple process. They will only require the I-134 and supporting financial documents from the cosponsor. Not from you.

 

Next up:

5 hours ago, mogiftney said:

Thanks for your kind and informative reply! Thanks for raising this point. I will look further into the AOS process and see what kind of plan we can come up with. Do you know if my mother could also co sponsor that process, and it would just be a higher requirement of income for her, or would I NEED employment (as an actual requirement) at that point to get her AOS process going?

For AOS though BOTH you and your mom will need to provide the required financial forms and documents. These financial requirements are more strict than your K1 process. Instead of a cosponsor, she'd be the joint sponsor. You are always your spouses main sponsor. Now, I have to say based on your initial comments, and I mean no offense, that I think just because your mom is agreeing to support you and your spouse doesn't mean that you shouldn't be contributing too. Anything can happen! You can't simply just rely on mom all the time and think it's going to all be okay. Your new spouse's life and status is too precious to leave up to an 'oh well' and a 'what if'. If you can work and contribute, you might want to think about doing that. You should also understand what cosponsoring for your mom actually means in the seriousness of the agreement. Is your spouse planning on working? It will be some time before they can, but in the meantime they will need things critically important like access to healthcare and health insurance. That's a big expense. The ability for you and your spouse to co-mingle funds and have a life together not relying on mom in the future will also be important for the success of your AOS application and ROC well into the future.

 

Now remember I said we used a cosponsor? That was due to my unique circumstances and not down to the fact I didn't want to work. That doesn't mean that we said that our cosponsor should just take care of everything for us - because life together is about forming it together, and not having a sponsor tied to your life forever. We had substantial savings that we collected for years. I paid for our health insurance and expenses. We paid rent and car expenses. We paid for our own wedding, our furnishings, and pay our own bills. And while our cosponsor looked after us initially with food expenses and provided us a place to stay, they have spent little actual funds - and that's the way we wanted it. We are thankful for the cosponsorship, but it is something we would never ask someone to do for the very long term. Work is a part of life, and you can still spend time with each other like most everyone else, even if one or both of you do.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted (edited)
6 hours ago, mogiftney said:

I’m finishing the I-129F and haven’t sent anything off yet.

@mogiftney and @bandito: As mentioned in your other thread, the CR-1 visa is better than K-1 for various reasons. You can marry now in:

Gibraltar - http://www.visitgibraltar.gi/getting-married

Denmark - https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen

Iceland - https://guidetoiceland.is/history-culture/getting-married-in-iceland

Or you can marry in the UK by notifying the Home Office; https://www.gov.uk/marriages-civil-partnerships:

Quote

If you do not have a marriage visitor visa or family visa

You can still give notice of your intention to get married or form a civil partnership but the immigration authorities at the Home Office will be told.

The Home Office might:

  • ask questions about you and your relationship - if this happens you may need to wait up to 70 days before getting married or forming a civil partnership
  • decide not to approve your notice - if this happens you cannot get married or form a civil partnership in the UK

Home Office phone # is 0300 123 2241

Edited by treppenwitz
Filed: AOS (pnd) Country: England
Timeline
Posted (edited)
29 minutes ago, treppenwitz said:

@mogiftney and @bandito: As mentioned in your other thread, the CR-1 visa is better than K-1 for various reasons. You can marry now in:

Gibraltar - http://www.visitgibraltar.gi/getting-married

Denmark - https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen

Iceland - https://guidetoiceland.is/history-culture/getting-married-in-iceland

Or you can marry in the UK by notifying the Home Office; https://www.gov.uk/marriages-civil-partnerships:

Home Office phone # is 0300 123 2241

We are afraid of doing this as it could be seen as evading the rules of our countries especially coupled with my partners two visa denials and our lack of employment. It says online that if we marry in the UK while im visiting with no fiance visa and notify the home office and get declined, we could risk never being able to marry in the UK ever.

Edited by mogiftney

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Filed: AOS (pnd) Country: England
Timeline
Posted
1 hour ago, CEE53147 said:

I am stunned by your comments. 

 

 

 What do you intend to do if/when your mother dies?  Do you have multi millions in savings to support you, your spouse and any children? 

We are a gay couple so no children, and I don't like to think about that and find it borderline rude that you'd talk about my mother dying, but for the sake of the conversation, I will obviously inherit assets and savings money making me able to support my partner myself.

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Filed: AOS (pnd) Country: England
Timeline
Posted (edited)
53 minutes ago, yuna628 said:

Hi OP:

Hopefully this will help answer your questions, from someone who went through both London and AOS with a cosponsor/joint sponsor.

 

The good news is, yes London allows for cosponsoring. It's a simple process. They will only require the I-134 and supporting financial documents from the cosponsor. Not from you.

 

Next up:

For AOS though BOTH you and your mom will need to provide the required financial forms and documents. These financial requirements are more strict than your K1 process. Instead of a cosponsor, she'd be the joint sponsor. You are always your spouses main sponsor. Now, I have to say based on your initial comments, and I mean no offense, that I think just because your mom is agreeing to support you and your spouse doesn't mean that you shouldn't be contributing too. Anything can happen! You can't simply just rely on mom all the time and think it's going to all be okay. Your new spouse's life and status is too precious to leave up to an 'oh well' and a 'what if'. If you can work and contribute, you might want to think about doing that. You should also understand what cosponsoring for your mom actually means in the seriousness of the agreement. Is your spouse planning on working? It will be some time before they can, but in the meantime they will need things critically important like access to healthcare and health insurance. That's a big expense. The ability for you and your spouse to co-mingle funds and have a life together not relying on mom in the future will also be important for the success of your AOS application and ROC well into the future.

 

Now remember I said we used a cosponsor? That was due to my unique circumstances and not down to the fact I didn't want to work. That doesn't mean that we said that our cosponsor should just take care of everything for us - because life together is about forming it together, and not having a sponsor tied to your life forever. We had substantial savings that we collected for years. I paid for our health insurance and expenses. We paid rent and car expenses. We paid for our own wedding, our furnishings, and pay our own bills. And while our cosponsor looked after us initially with food expenses and provided us a place to stay, they have spent little actual funds - and that's the way we wanted it. We are thankful for the cosponsorship, but it is something we would never ask someone to do for the very long term. Work is a part of life, and you can still spend time with each other like most everyone else, even if one or both of you do.

i understand your feelings, however, me working would mean that i have to remain across the world tied to a job for no reason. Big expense can be subjective, especially when you have a parent that doesn't mind investing in their child's happiness and has the means of doing so.

Edited by mogiftney

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Filed: Other Timeline
Posted
23 minutes ago, mogiftney said:

We are a gay couple so no children, and I don't like to think about that and find it borderline rude that you'd talk about my mother dying, but for the sake of the conversation, I will obviously inherit assets and savings money making me able to support my partner myself.

 

Death is a part of life and often happens unexpectedly. Just check the posts where the sponsor has passed away and the beneficiary is in limbo.

 

I feel sorry that your mother raised such an entitled human being wanting only self gratification.  There is great joy from working and the feeling of accomplishing something to benefit not only oneself but others. Try it; you might like it. 

Filed: AOS (pnd) Country: England
Timeline
Posted
1 minute ago, CEE53147 said:

 

Death is a part of life and often happens unexpectedly. Just check the posts where the sponsor has passed away and the beneficiary is in limbo.

 

I feel sorry that your mother raised such an entitled human being wanting only self gratification.  There is great joy from working and the feeling of accomplishing something to benefit not only oneself but others. Try it; you might like it. 

It's okay to be jealous friend.

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Filed: K-1 Visa Country: Brazil
Timeline
Posted

I don't think anyone is jealous of the fact that if something happens youll have no work experience to get a job and no way to support you or your partner. It's your life and if you want to depend on others to live that is all you though. 

Filed: AOS (pnd) Country: England
Timeline
Posted (edited)
4 minutes ago, dxec said:

I don't think anyone is jealous of the fact that if something happens youll have no work experience to get a job and no way to support you or your partner. It's your life and if you want to depend on others to live that is all you though. 

that's not the part i was referencing. i have no issue with that opinion. I was referencing "I feel sorry that your mother raised such an entitled human being wanting only self gratification."

 

this comment was obviously made out of jealousy, and quite frankly I don't believe it is a productive means of conversing on this forum. I had explained why things would be okay financially in those specific circumstances, and the commenter continued to go on about it. Sounds to me like some people need to act like the adults they claim to be, and stop crying over the fact that others have different circumstances from them.

 

and again, because nobody actually reads anything i say after i use the word "money", I would receive inheritance if something happened. So it is a non issue for us. End of discussion.

Edited by mogiftney

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Posted (edited)

OP: Just to confirm to you, as some are not familiar with UK rules. You have to go by their immigration rules when it comes to marriage in the UK.. and you'd absolutely need a fiancé type visa. As I'm sure you're aware, you can't marry there while just visiting as they've made it a little complex. I'm familiar with that process as well, which can be complicated and would be based entirely on the UK sponsor's income, which for some can be a high bar to pass. If approved it's straightforward. The problem is right now, no USC can apply properly for any visa to the UK because the UK failed to pay the US government on time for biometric services we provide for them. Both government have not yet commented on how they will rectify the situation yet.

 

As for the rest.. everyone's situation is of course different in financial matters. Just as long as everyone knows what they're getting into for the long term. :)

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Filed: AOS (pnd) Country: England
Timeline
Posted
1 minute ago, yuna628 said:

OP: Just to confirm to you, as some are not familiar with UK rules. You have to go by their immigration rules when it comes to marriage in the UK.. and you'd absolutely need a fiancé type visa. As I'm sure you're aware, you can't marry there while just visiting as they've made it a little complex. I'm familiar with that process as well, which can be complicated and would be based entirely on the UK sponsor's income, which for some can be a high bar to pass. If approved it's straightforward. The problem is right now, no USC can apply properly for any visa to the UK because the UK failed to pay the US government on time for biometric services we provide for them. Both government have not yet commented on how they will rectify the situation yet.

thanks for your informative response! I did not know this, good to know i am still on the right track then.

"Well, I Was Sleeping, Y'Know, And My Mother, Who Passed When I Was Very Young, Y'Know, She Appeared In A Dream, Y'Know, And She Told Me, Y'Know, Very Gently To Just Let It Be, And So The Next Morning I Went Right Over To The Piano, Y'Know, And I Began To, Y'Know, Write The Song, Y'Know"

Posted (edited)
3 hours ago, yuna628 said:

OP: Just to confirm to you, as some are not familiar with UK rules. You have to go by their immigration rules when it comes to marriage in the UK.. and you'd absolutely need a fiancé type visa...

OP is currently in the UK with her partner. OP did not have the intent to marry when she entered the UK. Granted, since this is an US Immigration forum, we don't know the exact process; see bottom of the following link: https://www.gov.uk/marriages-civil-partnerships OP should at least explain her situation to the Home Office by calling 0300 123 2241, and see what legal options they have.

Edited by treppenwitz
Posted (edited)
7 minutes ago, treppenwitz said:

OP is currently in the UK with her partner. OP did not have the intent to marry when she entered the UK. Granted, since this is an US Immigration forum, we don't know the exact process; see bottom of the following link: https://www.gov.uk/marriages-civil-partnerships OP should at least explain her situation to the Home Office by calling 0300 123 2241, and see what legal options they have.

I do know the UK immigration process quite well. The information I gave him is correct. The UK does not work like the US with regards to 'intent'. Non-EU visitors are not authorized to marry without leaving and obtaining the required visa, commonly referred to as a marriage visitor visa. https://www.gov.uk/marriage-visa Calling the Home Office will accomplish nothing for the OP.

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted (edited)
13 minutes ago, yuna628 said:

Calling the Home Office will accomplish nothing for the OP.

Are you sure? OP can also call the local registrar and ask for the "Statement of a Party to a Marriage/Civil Partnership Where One or Both are Subject to Immigration Control" form. See Page 3 of the Northern Ireland form: https://www.nidirect.gov.uk/sites/default/files/publications/%5Bcurrent-domain%3Amachine-name%5D/immigration-status-statement-GRO801%20.PDF

Quote

STATEMENT C

I have neither the appropriate immigration status nor hold a relevant visa for the purpose of marriage/forming a civil partnership in the United Kingdom

If you select this statement please give details of your immigration position below. You must also provide details of any former names or aliases that you or the other party have been known by – see below.

And Page 4 (I bolded the important part):

Quote

(C) If you do not have the appropriate immigration status or a relevant visa, you must provide a statement that you do not hold this status or a relevant visa. You can provide a statement and details of your current immigration position e.g. visitor visa, student visa etc. where requested on the form

Or they can marry instead in Gibraltar, Denmark, Iceland, etc.

Edited by treppenwitz
Posted

@mogiftney and @bandito: PDFs and links from the government:

Quote

If you or your partner is from outside the EU, EEA or from Switzerland

You’ll also need to bring:

  • a passport sized photo for each of you (even if only one of you is from outside the EU, EEA or from Switzerland)
  • proof of your current immigration status (for example, your visa)
  • a translation of any documents that are not in English

 

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

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