Rete

Everyone has to work at their own marriage. What is right for me may not work for you.

You can't adjust status without her completion of the I-864. The putting aside of money is only good up to the time that you have your green card and then you can withdraw it and do what you want. So unless you have a legal document stating that that money cannot be touched until you have nullified the I-864 what is going to stop you from doing that?

She should have known, and I'm assuming that she is not a stupid woman, what importing you means and what the requirements are. If she has money, why did she not retain the services of an immigration lawyer to help?

While I appreciate that your story, sad as it might be, might be actually true, a part of me wonders if she surmises something other than what we see here.

Money is said to be the root of all evil, it is also the root of destruction of many marriages. Only you two can settle this discord. Good luck.

BTW unless you actually lose that $400,000 you will never qualify for any means tested benefits. First and foremost the government will not give you welfare as a single person without children. While you might qualify for medicaid if you are destitute, it is unlikely that would occur if you have funds of your own to pay for medical care and/or medical insurance privately.

Why is that she feels for distrustful of you?

Steve Homer

We did do a pre-nup but not sure if it would cover it - after all it would be the US government going after her.

No she did not want to get "married" but we cannot do a partnership thing like you can do in the UK - if you want to be together in this country you have to get married.

As to her wanting to be with me - that is a $64,000 question. At this moment I cannot hand on heart say I really want to be with her but I was always in this for the long hall. We have huge pressures on us not least her daughter coming back to live with her after four years living with her father and the three of us moving into a small house in Hawai'i.

The good news is her daughter is now beginning to accept me more and more and we are all rubbing along pretty OK but with the occasional flare ups.

But I have to say her coming out and saying just now that she wants an escrow was like a kick in the you know where.

I am going to ask someone else to sponsor me. However, I am just not looking forward to the immigration interview!!!

As to giving up on this - I think that is six months too early. We have been through a lot and I THINK we are getting there. Only time will tell. But if it carries on to be seriously horrible then obviously I have to jump ship but, with all the crap included, this is still the best relationship I have had although some times recently it has resembled the worst relationship I have ever had.

So for the moment at least chaps(esses) please can the run for the hills advice.

Love and cuddles (see the more grumpy she gets the more I turn to you chaps for love and affection)

Steve
PS Oh by the way - how the hell much would you put into this escrow account. If I were to play Devil's advocate surely it could be up to $50x52x20 years! That is $52,000!!! Basically I don't want to do it. I am fed up with her being what we call an ar*s which I believe is more impolite over here and spelt like a donkey. And yes I know I have to burn through the $400,000 - I keep telling her that.

Steve Homer

Rete thanks for that.

Particularly the first line.

Steve

Noorah101

You can't. Your wife IS your sponsor. If she earns enough income, or has enough in assets (which she does), you cannot use a joint sponsor. USCIS will not accept a joint sponsor when the sponsor qualifies.

Even IF you could use a joint sponsor, that does not relieve your wife of having to complete her own I-864 and supply her own tax return(s). She is your sponsor, period. No one else can do it instead of her, and the only time someone can do it along with her is if she does not qualify on her own financially. I don't know if she has income, but she certainly has assets which qualify her.

Rene

Steve Homer

Piddle

Noorah101

Perhaps your wife can come log on here and ask some questions of her own, we can certainly address her concerns and perhaps help her feel more at ease. She seems not to quite understand what the I-864 entails...

Rene

Steve Homer

Rene thanks for the thought I shall have to think about that (and edit all my posts!!!).

I might suggest she goes to a different board - there seem to be a couple of pretty good other ones - then she could get unbiased advice and could talk more freely.

Steve

S Folinsky

I am following this thread with interest. To be honest, I find your inquiry confusing. You keep harping on the fact that the consul informed you that your wife "need only check the boxes." Your wife refuses to do so. You seem to blame the consul for somehow giving you bad information. This has lead to a lot of confusion.

That seems to have been cleared up. I'll be happy to see what your wife has to post.

You may very well have engage a lawyer for a legal consultation regarding her concerns.

Sally Redux

As Bollo out of The Mighty Boosh would say, "I gotta bad feeling about this."

Steve Homer

Dear S Folinsky

This is not germane to this conversation. But just to clarify: I had over $500,000 when I applied for my K1.The London Embassy website says:

Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

K-1 and K-3 and their derivatives are not required to file an affidavit of support, form I-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

An applicant for K-1 or K-3 visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located; ...

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;

proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;

statement from insurance company showing policies held and present case surrender value;

proof of income from business investments or other sources.
If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.


I had documentary evidence in spades of funds, a US bank account, an account with Caxton FX for transfer etc.

IE I HAD dotted all the "i"s.

The fact that, what seemed like on a whim they chose to apply their own rules seems to me unfortunate and capricious.

In any case I would be most grateful if this thread was not sidetracked into a discussion of this matter.

This was only relevant because I thought we had already done the Affidavit and was somewhat fed up to discover another one was needed.

Please forgive me for not being an immigration expert. I did read the wiki but did not pick up that this was a different one.

Can we please leave it at that.

Thank you for your attention.

Steve

meauxna

I'm not sure that such an agreement would do Thing One to get her out of the I-864 obligation that she must legally take on in order for you to gain your PR.
I know you don't want us to offer you the advice you don't want to hear, and I made an effort all day to leave this thread alone. I've got one last thing to say (below).

Several of us here are veterans of other boards as well as this group, which Rete helped start, and which Rene and I have been members of for a long time. There is a reason we return and post pretty exclusively to this one. It might be of interest to you that all three of us are the USC wife in our respective families.
If you guys need marriage counseling, you should go get that. What does your wife need to speak freely about that she can't do in front of you?

IOW, I can't imagine anyone better equipped to speak to your wife about her issues. I do hope you find the right foil for yours!

I've really tried to 'cheer' you through some of your previous 'down' and nervous posts, but this really does take the cake, Steve. This passive/aggressive thing you're doing isn't going to serve either of you well. The addition of the out of control daughter (oh yes, she is) may have tipped you from 'complicated' to 'are you kidding me?'.

Myself, I wouldn't tolerate what you are reporting. You may want to look up the VAWA petitioning options.
Good luck to you, bud. I really mean it.

traceym

I keep out of anything to do with relationship posts, its non of my business and God knows I've made enough mistakes to never criticize others, but I have to say one thing here springs to mind, how old are you? Your posts make you sound like a 19 year old, who knows no better, I know that your not, if you cant speak to your wife about an issue that quite frankly should have been sorted on day one then why are you even in a relationship. My husband petitioned for me to come here, he knew his financial obligations when he made that petition as did your now wife then fiance, or did she not even read the form, yes, regardless of what finances you may or may not have?

I'm sorry if I sound harsh but the affidavit of support is something that you were both aware of, seems like you're bolting the stable door after the horse has long gone.

Noorah101

tracey,

From what Steve says, neither he nor his wife understood that there would be another affidavit of support (I-864) needed for AOS. They both seemed to think the I-134 covered everything and was the only affidavit of support needed. Now that they are aware of it, his wife is balking.

Rene

traceym

I understand that but if his wife is so 'astute' re money perhaps she should have done her homework a bit more thoroughly, like I said its non of my business.

S Folinsky

Steve: I've re-read this thread. I have the distinct impression that you had applied for a K-1 visa, entered the United States and married and then filed for adjustment of status. My apologies for my misconception. However, I would not be surprised if the other posters in this thread shared my misconception.

Your clarification is helpful, but might need further elaboration. You may want to consult with an attorney who "thinks outside the box" and is willing to LITIGATE the case for you. [I am not that person].