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Advice needed for K-1 petition

Advice needed for K-1 petition

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Old Apr 25th 2006, 6:00 pm
  #1  
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Default Advice needed for K-1 petition

Hello everyone! I am new to this site and was referred to this site by Meauxna for advice on the k-1 process.

I'll give you a little background info first so you understand my situation.

Ive had a very spotty employment history over the past 5 years. Mainly due to being in love and needing to spend time with my Fiancee, before marriage. The first year in the 5 year time period that they ask for on the g-325a, in 2001, I was unemployed the whole year.( I wasnt just sitting around, was actually very busy fixing up a farm deeded over to my parents) Ive been living at home with my parents when Im in the USA, Im a sort of apprentice under my father, who is a professional photographer. In exchange for some assistance, I receive extensive training and he gives me free room and board. For employment, this is my third year of working for a seasonal government sub-contractor and earned about 8,500 last year in a 5 month period. so I will need a co-sponsor. Before that , I had a few odd jobs..Seasonal work lets me have an in person relationship with my fiancee while she studies in Brazil. Ive taken trips to Brazil for months at a time. Everyone encouraged us to spend as much time as possible together before marriage, and it seems like the right thing to do but this has prevented me from working for a full year or living on my own. I cant wait to finally be married so we can have atleast semi normal lives! I will be joining the family business in professional photography within a year and can work my seasonal job for additional income til business picks up over the next couple years.

But since I cannot attend the interview, I need to make my case look as positive as possible to show that she wont become a public charge. I dont want it to look that way on paper. I will use a co-sponsor who more than qualifies but just want to present my case in the best possible way and try to avoid red flags. What can I do in addition to using a co-sponsor? I know financial situations dont come into play til the intveriew. Ive thought about having my dad write a letter on company letterhead explaining that he has offered to let me start a division of his business and that Im fully trained and capable of starting a career in professional photography. Along with that, I could provide a letter from my employer explaining that my job is seasonal and that I will be welcome back in the spring. Thats 2 sources of income.

Any other suggestions? Everything is so formal on paper, and I'd like to explain my situation some but I dont want to "over-explain" things as to throw up any red flags or look fishy. I dont want to look lazy or like I dont want to work either which is how it might look if I just fill everything out, as is.

I've even thought about hiring a lawyer just to look over everything and get a legal opinion before I send it off.

Everythings causing me alot of anxiety because I just dont know how to approach this. I've heard that the consulate in Rio De Janeiro does accept co-sponsors so maybe I am just overworrying. But I tend to worry about things that could affect my entire life.

Another thing. On the i129f it asks for the address the fiancee intends to reside at. Should I just put my parents address since thats where I am living now? It wont be the case,but I'm not going to find a place until I know we are approved and shes on her way. I just hope it doesnt look bad because its the one and only address I have on the g325a, so anyone reading it would assume we just plan on living with my parents. Can I just put the town where we will live?

Any advice would be greatly appreciated! I just want to avoid any red flags the best I can. My situation is fine, off paper. We have alot of support from our families.
I just dont know how to show it. Thanks for reading!
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Old Apr 25th 2006, 6:09 pm
  #2  
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Default Re: Advice needed for K-1 petition

Hi Paul,

For the I-134 which is required for the K-1 interview, go ahead and list whatever income you do make, even though it's under the required amount. In addition, turn in your joint sponsor's I-134 and supporting documents. That's really all that's required. If your joint sponsor qualifies, you don't really need anything else. If it makes you feel better to include a letter from your father, it probably won't hurt anything, but I don't think it will *help* anything either.

For her intended address in the USA, yes...you can use the address where you currently live (at your father's house). That will be where you guys will stay until you find a place of your own.

Best Wishes,
Rene
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Old Apr 25th 2006, 8:28 pm
  #3  
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Default Re: Advice needed for K-1 petition

I think you are throwing this out of proportion. Your past income and education history can be listed on the G352A and use a separate sheet if you feel that it is warranted. Your co-sponsor is the one that will be on the hook, along with you, for her fiancee's means tested expenses and even then the I-134 is a non-enforceable document.

The I-864 for the AOS after marriage is the one that is enforceable. As long as you are working and earning the required about as per the 125% of the poverty guidelines for that year, you will fine. You can bring a co-sponsor's paperwork with you at the time of the AOS interview and offer it if the DOA thinks you are not qualified to act alone.

Rete


Originally Posted by Paul123
Hello everyone! I am new to this site and was referred to this site by Meauxna for advice on the k-1 process.

I'll give you a little background info first so you understand my situation.

Ive had a very spotty employment history over the past 5 years. Mainly due to being in love and needing to spend time with my Fiancee, before marriage. The first year in the 5 year time period that they ask for on the g-325a, in 2001, I was unemployed the whole year.( I wasnt just sitting around, was actually very busy fixing up a farm deeded over to my parents) Ive been living at home with my parents when Im in the USA, Im a sort of apprentice under my father, who is a professional photographer. In exchange for some assistance, I receive extensive training and he gives me free room and board. For employment, this is my third year of working for a seasonal government sub-contractor and earned about 8,500 last year in a 5 month period. so I will need a co-sponsor. Before that , I had a few odd jobs..Seasonal work lets me have an in person relationship with my fiancee while she studies in Brazil. Ive taken trips to Brazil for months at a time. Everyone encouraged us to spend as much time as possible together before marriage, and it seems like the right thing to do but this has prevented me from working for a full year or living on my own. I cant wait to finally be married so we can have atleast semi normal lives! I will be joining the family business in professional photography within a year and can work my seasonal job for additional income til business picks up over the next couple years.

But since I cannot attend the interview, I need to make my case look as positive as possible to show that she wont become a public charge. I dont want it to look that way on paper. I will use a co-sponsor who more than qualifies but just want to present my case in the best possible way and try to avoid red flags. What can I do in addition to using a co-sponsor? I know financial situations dont come into play til the intveriew. Ive thought about having my dad write a letter on company letterhead explaining that he has offered to let me start a division of his business and that Im fully trained and capable of starting a career in professional photography. Along with that, I could provide a letter from my employer explaining that my job is seasonal and that I will be welcome back in the spring. Thats 2 sources of income.

Any other suggestions? Everything is so formal on paper, and I'd like to explain my situation some but I dont want to "over-explain" things as to throw up any red flags or look fishy. I dont want to look lazy or like I dont want to work either which is how it might look if I just fill everything out, as is.

I've even thought about hiring a lawyer just to look over everything and get a legal opinion before I send it off.

Everythings causing me alot of anxiety because I just dont know how to approach this. I've heard that the consulate in Rio De Janeiro does accept co-sponsors so maybe I am just overworrying. But I tend to worry about things that could affect my entire life.

Another thing. On the i129f it asks for the address the fiancee intends to reside at. Should I just put my parents address since thats where I am living now? It wont be the case,but I'm not going to find a place until I know we are approved and shes on her way. I just hope it doesnt look bad because its the one and only address I have on the g325a, so anyone reading it would assume we just plan on living with my parents. Can I just put the town where we will live?

Any advice would be greatly appreciated! I just want to avoid any red flags the best I can. My situation is fine, off paper. We have alot of support from our families.
I just dont know how to show it. Thanks for reading!
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Old Apr 27th 2006, 1:37 am
  #4  
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Default Re: Advice needed for K-1 petition

So if I dont qualify as a sponsor and use a co-sponsor, they are the only ones that need supporting info like bank statements and pay stubs along with the I-134?
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Old Apr 27th 2006, 3:28 am
  #5  
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Default Re: Advice needed for K-1 petition

Originally Posted by Paul123
So if I dont qualify as a sponsor and use a co-sponsor, they are the only ones that need supporting info like bank statements and pay stubs along with the I-134?
Hi Paul,

I would say go ahead and turn in whatever you have for yourself to support your own I-134, as well, even if you don't qualify.

Rene
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Old Apr 27th 2006, 1:15 pm
  #6  
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Default Re: Advice needed for K-1 petition

Originally Posted by Paul123
So if I dont qualify as a sponsor and use a co-sponsor...
Just to clarify - you *are* her sponsor, whether you can support her financially or not.

Ian
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Old Apr 27th 2006, 7:49 pm
  #7  
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Default Re: Advice needed for K-1 petition

Ian,

For adjustment yes. Maybe, but not necessarily, for a K non-immigrant
visa. Don't know the point of view on this at the consulate in Brazil.

Regards, JEff

ian-mstm wrote:
    > > So if I dont qualify as a sponsor and use a co-sponsor, they are the
    > > only ones that need supporting info like bank statements and pay stubs
    > > along with the I-134?
    > Just to clarify - you *are* her sponsor, whether you can support her
    > financially or not.
    >
    > Ian
 

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