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JLRamos

No Affidavit of Support, interview in 2 weeks. (Santo Domingo Embassy)

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Hi,

 

So... as the title states, our interview is Jan 15 and we weren't able to get an Affidavit of Support, my fiancé (the petitioner) is currently unemployed and so am I.

Our parents are supporting us until we move back to the U.S. together (he's living in my country at the moment), I was reading here that they haven't been asking for the Affidavit of Support in the interview at the Santo Domingo embassy.

 

From experience, would the fact that the petitioner is unemployed trigger a request for an Affidavit of Support?

 

Thanks in advance and if you have any questions to better help me, feel free to ask...

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6 minutes ago, JLRamos said:

I was reading here that they haven't been asking for the Affidavit of Support in the interview at the Santo Domingo embassy.

I don't know how that's possible. Every immigrant visa application must have an Affidavit of Support. 

 

8 minutes ago, JLRamos said:

From experience, would the fact that the petitioner is unemployed trigger a request for an Affidavit of Support?

Yes, you will most likely be denied under Section 212(a)(4) of the Immigration and Nationality Act (INA): "an individual seeking admission to the United States or seeking to adjust status to permanent resident (obtaining a green card) is inadmissible if the individual "at the time of application for admission or adjustment of status, is likely at any time to become a public charge.""

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The petitioner is always the primary sponsor.  You need to have a I-134 prepared and also one for a Co Sponsor.

 

How are you intending to file an I-864 for the AOS package?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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4 minutes ago, USS_Voyager said:

Yes, you will most likely be denied under Section 212(a)(4) of the Immigration and Nationality Act (INA)

 

3 minutes ago, Paul & Mary said:

How are you intending to file an I-864 for the AOS package?

We were intending to have a friend of mine help with the Affidavit of Support once we were in America and it was time for me to do the AOS.

From what I'm gathering, it would be better to start with it now and have it ready for the interview, right?

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1 minute ago, JLRamos said:

it would be better to start with it now and have it ready for the interview, right?

You are going to need an Co Sponor / Joint Sponsor for the interview and for AOS.   It is much better from a family member.  Expect a delay or refusal without proof that you can support your spouse (and yourself) 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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28 minutes ago, JLRamos said:

Hi,

 

So... as the title states, our interview is Jan 15 and we weren't able to get an Affidavit of Support, my fiancé (the petitioner) is currently unemployed and so am I.

Our parents are supporting us until we move back to the U.S. together (he's living in my country at the moment), I was reading here that they haven't been asking for the Affidavit of Support in the interview at the Santo Domingo embassy.

 

From experience, would the fact that the petitioner is unemployed trigger a request for an Affidavit of Support?

 

Thanks in advance and if you have any questions to better help me, feel free to ask...

The beneficiary's employment status is irrelevant.  However, I STRONGLY advise you to get a well qualified joint sponsor immediately.  You will need a completed I-134 along with supporting documents. The primary sponsor (petitioner) will also have to provide an I-134.  Be advised that the "public charge" issue is taken very seriously by consulate officers.

Edited by missileman

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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3 hours ago, JLRamos said:

Hi,

 

So... as the title states, our interview is Jan 15 and we weren't able to get an Affidavit of Support, my fiancé (the petitioner) is currently unemployed and so am I.

Our parents are supporting us until we move back to the U.S. together (he's living in my country at the moment), I was reading here that they haven't been asking for the Affidavit of Support in the interview at the Santo Domingo embassy.

 

From experience, would the fact that the petitioner is unemployed trigger a request for an Affidavit of Support?

 

Thanks in advance and if you have any questions to better help me, feel free to ask...

You are going to need a cosponsor or family member that meets the minimum requirements. It is possible to get all that before the interview. You just need to fill a i-864 (for yourself) i-864A (Cosponsor or family member needs to fill this out) since you're k1 visa (i-134 for both you and your fiance)  your tax return and wage transcripts from the IRS from the last three years 2016 - 2018 (Can download these and print them online at irs website) your cosponsor or family members last three tax returns and wage transcripts. If you have not filed taxes the past years or have any wage. A note explaining why will do. As long your cosponsor earns enough they won't even look at your AOS form. 

Edited by suarezj519
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3 hours ago, JLRamos said:

 

We were intending to have a friend of mine help with the Affidavit of Support once we were in America and it was time for me to do the AOS.

From what I'm gathering, it would be better to start with it now and have it ready for the interview, right?

Also, yes you need all of those documents for the interview. Should of gotten your visa interview checklist what to bring. 

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