Affidavit of Support Question
Feb 18th 2003, 3:52 pm
#1
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Joined: Feb 2003
Location: Redditch, UK
Posts: 4
Affidavit of Support Question
Hi all, I recently married my darling wife (who is a US citizen, I myself am English) in the United States and am now beginning the procedure for Immigration to the US to begin my life with her.
Whilst she is awaiting a copy of her birth certicificate, so we can file the initial application, I was doing some reading on the Affidavit of Support she will need to complete before I can gain entry to the US. It mentions that she needs to show evidence that her annual income is 125% above the poverty line for her level i.e one person in the household. She more than meets this requirement at present. However, this time last year she was living in Baltimore, and had a part time job before moving to Missouri to take care of her then very sick sister in Missouri. Now her sister has recovered she has chosen to stay on in MO. Shes found herself a fantastic job that is well paid.
My question is this. I read that in order for the Affidavit of Support to be submitted, a copy of her last years tax return needs to be included. She is due to file her latest one before this April. She has only been in her current job for maybe 7 months or so, 2 more months of those she was unemployed while she took care of her sister, and the other 3 months she was in her part time job. So it is unlikely that she will have met the 125% + poverty line figure needed for last year. Is a copy of last years tax return the only form of evidence of income they accept? Or could she provide copies of her wage slips for the past 7 months which would more than prove that her current and future income would more than meet their 125% requirement.
Im not terribly good at explaining things so to clarify...
She currently earns enough so that after 12 months, she would comfortably satisfy the 125% requirement. But she has only been at this job for the last 7 months, and lost two months of employment as she was caring for her ill sister, and for the remaining 3 months she was in a part time job. She knows the tax return she will complete by this April wont show she met this requirement.
I am traumatised at the thought of having to wait a further year on top of the time it would take for the visa application in its entirety and have come here with the hope of seeking some advice or an answer to whether she can provide bank statements/wage slips as form of evidence that she can support me if I were to immigrate there.
Many thanks in advance for your help
Simon
Whilst she is awaiting a copy of her birth certicificate, so we can file the initial application, I was doing some reading on the Affidavit of Support she will need to complete before I can gain entry to the US. It mentions that she needs to show evidence that her annual income is 125% above the poverty line for her level i.e one person in the household. She more than meets this requirement at present. However, this time last year she was living in Baltimore, and had a part time job before moving to Missouri to take care of her then very sick sister in Missouri. Now her sister has recovered she has chosen to stay on in MO. Shes found herself a fantastic job that is well paid.
My question is this. I read that in order for the Affidavit of Support to be submitted, a copy of her last years tax return needs to be included. She is due to file her latest one before this April. She has only been in her current job for maybe 7 months or so, 2 more months of those she was unemployed while she took care of her sister, and the other 3 months she was in her part time job. So it is unlikely that she will have met the 125% + poverty line figure needed for last year. Is a copy of last years tax return the only form of evidence of income they accept? Or could she provide copies of her wage slips for the past 7 months which would more than prove that her current and future income would more than meet their 125% requirement.
Im not terribly good at explaining things so to clarify...
She currently earns enough so that after 12 months, she would comfortably satisfy the 125% requirement. But she has only been at this job for the last 7 months, and lost two months of employment as she was caring for her ill sister, and for the remaining 3 months she was in a part time job. She knows the tax return she will complete by this April wont show she met this requirement.
I am traumatised at the thought of having to wait a further year on top of the time it would take for the visa application in its entirety and have come here with the hope of seeking some advice or an answer to whether she can provide bank statements/wage slips as form of evidence that she can support me if I were to immigrate there.
Many thanks in advance for your help
Simon
Feb 18th 2003, 4:54 pm
#2
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Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Affidavit of Support Question
Originally posted by Trailblazer
It mentions that she needs to show evidence that her annual income is 125% above the poverty line for her level i.e one person in the household. ... she has chosen to stay on in MO. Shes found herself a fantastic job that is well paid. ...
She currently earns enough so that after 12 months, she would comfortably satisfy the 125% requirement. But she has only been at this job for the last 7 months...
It mentions that she needs to show evidence that her annual income is 125% above the poverty line for her level i.e one person in the household. ... she has chosen to stay on in MO. Shes found herself a fantastic job that is well paid. ...
She currently earns enough so that after 12 months, she would comfortably satisfy the 125% requirement. But she has only been at this job for the last 7 months...
Let me try to help you out here...1) You are mistaken that the "household size" is of one person. It is actually TWO people -- your fiancee and YOU. This is what the 125% minimum income must cover -- and assumes that your fiancee does not list any dependents (ie, children) on her tax returns. So, that means your fiancee must earn at least $15,150/year to meet the 2003 guidelines for 125%.
2) Do not worry about the fact that your fiancee has only been at her job (with the higher pay) for only 7 months. What matters is that she's meeting the 125% minimum requirement -- not for how long.
For instance, I'd started my new job on Jan 9, got my employment verification letter on Jan 23 (which states my income, job title, and hire date), and that's what Mark's submitting with his interview on March 24. Up until Dec 2002, I was not making 125%, but now I am, and that's all that matters.
3) The London Consulate requires 3 years' worth of tax returns, not one. Again, it does not matter if your fiancee made 125% all three years or not, only that she's making it currently. Your fiancee can obtain tax transcripts from the IRS for free, which is a sort of condensed copy of her tax return.
4) If your fiancee is currently in Missouri, she should SERIOUSLY consider relocating back to Maryland before filing your I-129F petition. The reason? Maryland applications go to the Vermont Service Center (VSC), while Missouri applications go to the Nebraska Service Center (NSC). Vermont is typically the fastest center, whereas Nebraska is one of the slowest. There are some people who file at VSC the same time someone else files at NSC, and the VSC couples get their K-1 visas before the NSC couple's I-129F petitions are even approved. This is NOT an exaggeration.
So, if at all possible, see if she can move back to Maryland -- if you seriously want to cut down on the wait time. Of course, the kicker is that she'd need to get another job, and that might be a set-back for your overall application. The ideal would be for her to live in Maryland (or anywhere she can file via VSC) and have a job (or jobs) with an income exceeding the 125%. Right now, it looks like, one way or another, you're going to have a longer wait -- because you file via NSC instead of VSC, and/or wait longer until she finds a job (within the VSC jusidiction) that meets the 125%.
Is there anyone she can ask to co-sponsor you? Moving back to Maryland and having a co-sponsor (until she gets a 125% minimum income job) might be a solution and cut down on your wait time. Another option would be to work two jobs where the combined income was 125% or more.
(Let me also point out that when Mark and I filed our I-129F petition, I was not making 125%. Because I was unable to secure a co-sponsor, I got a new job which met the income requirements before our petition was approved, and so we don't need a co-sponsor now for his interview.)
Hopefully I haven't baffled you too much.... Welcome to the NG, and let us know if you have any other questions.
~ Jenney
Feb 18th 2003, 6:09 pm
#3
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Joined: Feb 2003
Location: Redditch, UK
Posts: 4
Thank you indeed for your swift reply, your words are certainly encouraging.
She did mention the possibility of moving back to Maryland, there is someone there who we are sure would co-sponsor but would we both have to live with the co-sponsor or can we live independantly of her?
We had both had our minds set on the fact we could be looking at it being Christmas or so before my application would be approved. We had adjusted to that idea, but now we hit a snag and we are both down that it might all fade out. I was under the impression that my salary would not count as they want to know that her income alone could support me when I come over right? I am applying through a marriage visa as we both got married over Christmas, not an employment visa. She could easily support me on her current salary however.
I dont mind having to wait maybe a year for the visa to be granted, its just I now have this horrible feeling that we would have to wait until next April to even apply, and we cant bear the thought of that.
If we wanted to call a government agency or something for some advice from their point of view, who would we be better off calling? Its not that I dont disagree with what you say, but I'm sure you know that when one is filled with terror at the thought of being away from a loved one longer than necessary, they just want to hear what to do from the powers that be.
Thank you for the warm welcome
She did mention the possibility of moving back to Maryland, there is someone there who we are sure would co-sponsor but would we both have to live with the co-sponsor or can we live independantly of her?
We had both had our minds set on the fact we could be looking at it being Christmas or so before my application would be approved. We had adjusted to that idea, but now we hit a snag and we are both down that it might all fade out. I was under the impression that my salary would not count as they want to know that her income alone could support me when I come over right? I am applying through a marriage visa as we both got married over Christmas, not an employment visa. She could easily support me on her current salary however.
I dont mind having to wait maybe a year for the visa to be granted, its just I now have this horrible feeling that we would have to wait until next April to even apply, and we cant bear the thought of that.
If we wanted to call a government agency or something for some advice from their point of view, who would we be better off calling? Its not that I dont disagree with what you say, but I'm sure you know that when one is filled with terror at the thought of being away from a loved one longer than necessary, they just want to hear what to do from the powers that be.
Thank you for the warm welcome
Feb 18th 2003, 6:52 pm
#4
Sursum corda
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,860
Re: Affidavit of Support Question
Originally posted by Jenney & Mark
Ok -- take a deep breath and calm down!! Let me try to help you out here...
1) You are mistaken that the "household size" is of one person. It is actually TWO people -- your fiancee and YOU. This is what the 125% minimum income must cover -- and assumes that your fiancee does not list any dependents (ie, children) on her tax returns. So, that means your fiancee must earn at least $15,150/year to meet the 2003 guidelines for 125%.
2) Do not worry about the fact that your fiancee has only been at her job (with the higher pay) for only 7 months. What matters is that she's meeting the 125% minimum requirement -- not for how long.
For instance, I'd started my new job on Jan 9, got my employment verification letter on Jan 23 (which states my income, job title, and hire date), and that's what Mark's submitting with his interview on March 24. Up until Dec 2002, I was not making 125%, but now I am, and that's all that matters.
3) The London Consulate requires 3 years' worth of tax returns, not one. Again, it does not matter if your fiancee made 125% all three years or not, only that she's making it currently. Your fiancee can obtain tax transcripts from the IRS for free, which is a sort of condensed copy of her tax return.
4) If your fiancee is currently in Missouri, she should SERIOUSLY consider relocating back to Maryland before filing your I-129F petition. The reason? Maryland applications go to the Vermont Service Center (VSC), while Missouri applications go to the Nebraska Service Center (NSC). Vermont is typically the fastest center, whereas Nebraska is one of the slowest. There are some people who file at VSC the same time someone else files at NSC, and the VSC couples get their K-1 visas before the NSC couple's I-129F petitions are even approved. This is NOT an exaggeration.
So, if at all possible, see if she can move back to Maryland -- if you seriously want to cut down on the wait time. Of course, the kicker is that she'd need to get another job, and that might be a set-back for your overall application. The ideal would be for her to live in Maryland (or anywhere she can file via VSC) and have a job (or jobs) with an income exceeding the 125%. Right now, it looks like, one way or another, you're going to have a longer wait -- because you file via NSC instead of VSC, and/or wait longer until she finds a job (within the VSC jusidiction) that meets the 125%.
Is there anyone she can ask to co-sponsor you? Moving back to Maryland and having a co-sponsor (until she gets a 125% minimum income job) might be a solution and cut down on your wait time. Another option would be to work two jobs where the combined income was 125% or more.
(Let me also point out that when Mark and I filed our I-129F petition, I was not making 125%. Because I was unable to secure a co-sponsor, I got a new job which met the income requirements before our petition was approved, and so we don't need a co-sponsor now for his interview.)
Hopefully I haven't baffled you too much.... Welcome to the NG, and let us know if you have any other questions.
~ Jenney
Ok -- take a deep breath and calm down!!
Let me try to help you out here...1) You are mistaken that the "household size" is of one person. It is actually TWO people -- your fiancee and YOU. This is what the 125% minimum income must cover -- and assumes that your fiancee does not list any dependents (ie, children) on her tax returns. So, that means your fiancee must earn at least $15,150/year to meet the 2003 guidelines for 125%.
2) Do not worry about the fact that your fiancee has only been at her job (with the higher pay) for only 7 months. What matters is that she's meeting the 125% minimum requirement -- not for how long.
For instance, I'd started my new job on Jan 9, got my employment verification letter on Jan 23 (which states my income, job title, and hire date), and that's what Mark's submitting with his interview on March 24. Up until Dec 2002, I was not making 125%, but now I am, and that's all that matters.
3) The London Consulate requires 3 years' worth of tax returns, not one. Again, it does not matter if your fiancee made 125% all three years or not, only that she's making it currently. Your fiancee can obtain tax transcripts from the IRS for free, which is a sort of condensed copy of her tax return.
4) If your fiancee is currently in Missouri, she should SERIOUSLY consider relocating back to Maryland before filing your I-129F petition. The reason? Maryland applications go to the Vermont Service Center (VSC), while Missouri applications go to the Nebraska Service Center (NSC). Vermont is typically the fastest center, whereas Nebraska is one of the slowest. There are some people who file at VSC the same time someone else files at NSC, and the VSC couples get their K-1 visas before the NSC couple's I-129F petitions are even approved. This is NOT an exaggeration.
So, if at all possible, see if she can move back to Maryland -- if you seriously want to cut down on the wait time. Of course, the kicker is that she'd need to get another job, and that might be a set-back for your overall application. The ideal would be for her to live in Maryland (or anywhere she can file via VSC) and have a job (or jobs) with an income exceeding the 125%. Right now, it looks like, one way or another, you're going to have a longer wait -- because you file via NSC instead of VSC, and/or wait longer until she finds a job (within the VSC jusidiction) that meets the 125%.
Is there anyone she can ask to co-sponsor you? Moving back to Maryland and having a co-sponsor (until she gets a 125% minimum income job) might be a solution and cut down on your wait time. Another option would be to work two jobs where the combined income was 125% or more.
(Let me also point out that when Mark and I filed our I-129F petition, I was not making 125%. Because I was unable to secure a co-sponsor, I got a new job which met the income requirements before our petition was approved, and so we don't need a co-sponsor now for his interview.)
Hopefully I haven't baffled you too much.... Welcome to the NG, and let us know if you have any other questions.
~ Jenney
))
Feb 18th 2003, 8:10 pm
#5
Joined: Apr 2002
Posts: 35,082
Originally posted by Trailblazer
Thank you indeed for your swift reply, your words are certainly encouraging.
She did mention the possibility of moving back to Maryland, there is someone there who we are sure would co-sponsor but would we both have to live with the co-sponsor or can we live independantly of her?
We had both had our minds set on the fact we could be looking at it being Christmas or so before my application would be approved. We had adjusted to that idea, but now we hit a snag and we are both down that it might all fade out. I was under the impression that my salary would not count as they want to know that her income alone could support me when I come over right? I am applying through a marriage visa as we both got married over Christmas, not an employment visa. She could easily support me on her current salary however.
I dont mind having to wait maybe a year for the visa to be granted, its just I now have this horrible feeling that we would have to wait until next April to even apply, and we cant bear the thought of that.
If we wanted to call a government agency or something for some advice from their point of view, who would we be better off calling? Its not that I dont disagree with what you say, but I'm sure you know that when one is filled with terror at the thought of being away from a loved one longer than necessary, they just want to hear what to do from the powers that be.
Thank you for the warm welcome
Thank you indeed for your swift reply, your words are certainly encouraging.
She did mention the possibility of moving back to Maryland, there is someone there who we are sure would co-sponsor but would we both have to live with the co-sponsor or can we live independantly of her?
We had both had our minds set on the fact we could be looking at it being Christmas or so before my application would be approved. We had adjusted to that idea, but now we hit a snag and we are both down that it might all fade out. I was under the impression that my salary would not count as they want to know that her income alone could support me when I come over right? I am applying through a marriage visa as we both got married over Christmas, not an employment visa. She could easily support me on her current salary however.
I dont mind having to wait maybe a year for the visa to be granted, its just I now have this horrible feeling that we would have to wait until next April to even apply, and we cant bear the thought of that.
If we wanted to call a government agency or something for some advice from their point of view, who would we be better off calling? Its not that I dont disagree with what you say, but I'm sure you know that when one is filled with terror at the thought of being away from a loved one longer than necessary, they just want to hear what to do from the powers that be.
Thank you for the warm welcome
To your support questions, Jenney gave you a good answer. To your follow-up, you DO NOT have to live with your co-sponsor.
I guess you had a good reason for returning to the UK rather than filing your AOS papers from in the US. Is there also a good reason that your wife could not temporarily relocate to the UK? Once she has the proper UK visa, you may be able to file through the Consulate in London, saving a separation.
You can read more about your options here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
I think as to the I-129 wait times, no one can give you reassurance because no one knows what's happening. Now that you're out of the US, I don't think that there's any quick way for you to return, other than DCF (which won't be that quick!).
mo
Feb 18th 2003, 9:15 pm
#6
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Thread Starter
Joined: Feb 2003
Location: Redditch, UK
Posts: 4
This is all so confusing. I was told by the powers that be that I was to visit the US over Christmas and marry my wife there, on US soil. We were then told that I would have to return to the UK in order for her to submit the initial application. I had to be on UK soil for her to do so.
Now I'm being told I didnt have to? If only you can imagine how deeply upset I am right now. So now to add to my woe, I find out I probably didnt need to leave the US after all.
This is why I hate politics, even when they have a system in place the officials still cant agree on its running.
Im sorry for my ranting but you surely must know the pain and sorrow and hurt I feel right now at being told I probably will not get the visa. She can support me, she earns a top notch wage now, but she wasnt earning it last year. This years tax return will only have 7 months or so of her new job's earnings on it. Cumulitively over last year, she wont have reached the $15k or so limit she needed but she will more than clear that from this April to next. But that wont matter will it.
I honestly dont mind how long it will take IF I for definate that her income for last year wont be a problem because at the end of the day that means we can apply this year and not in a years time. Which ultimately I really do not want.
The line of work I do is highly sought after in the US so it would be quite easy to find work once I am there and I am more than happy to up sticks and move. She would be very afraid to move, and I wouldnt want her to give up her job so we agreed I would go there.
She can support me quite easily now, but they only look at last years earnings. I have no criminal convictions, we have marriage license copies, birth certificats, cash, medical records, I will take the vaccinations.. every requirement they ask for in order to immigrate to the US I meet yet we find this one small thing may rule it out. I dont know what to do
Now I'm being told I didnt have to? If only you can imagine how deeply upset I am right now. So now to add to my woe, I find out I probably didnt need to leave the US after all.
This is why I hate politics, even when they have a system in place the officials still cant agree on its running.
Im sorry for my ranting but you surely must know the pain and sorrow and hurt I feel right now at being told I probably will not get the visa. She can support me, she earns a top notch wage now, but she wasnt earning it last year. This years tax return will only have 7 months or so of her new job's earnings on it. Cumulitively over last year, she wont have reached the $15k or so limit she needed but she will more than clear that from this April to next. But that wont matter will it.
I honestly dont mind how long it will take IF I for definate that her income for last year wont be a problem because at the end of the day that means we can apply this year and not in a years time. Which ultimately I really do not want.
The line of work I do is highly sought after in the US so it would be quite easy to find work once I am there and I am more than happy to up sticks and move. She would be very afraid to move, and I wouldnt want her to give up her job so we agreed I would go there.
She can support me quite easily now, but they only look at last years earnings. I have no criminal convictions, we have marriage license copies, birth certificats, cash, medical records, I will take the vaccinations.. every requirement they ask for in order to immigrate to the US I meet yet we find this one small thing may rule it out. I dont know what to do
Feb 18th 2003, 10:08 pm
#7
I'm back!
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Affidavit of Support Question
Originally posted by cindyabs
Jenney they're married already so it's moot point about the Service Center they file thru for now. They gotta get on the stick and file the 130 and then the K3. Who knows, if she stays in Missouri she might be able to check on her status there at Lee's Summit (MSC)!!))
Jenney they're married already so it's moot point about the Service Center they file thru for now. They gotta get on the stick and file the 130 and then the K3. Who knows, if she stays in Missouri she might be able to check on her status there at Lee's Summit (MSC)!!
))
God, I hate it when I do that... Well, maybe some people considering the K-1 visa will find my comments helpful!!
~ Jenney
Feb 18th 2003, 10:41 pm
#8
Forum Regular
Joined: Jul 2002
Posts: 214
I am sorry that you are feeling so distraught
I dont know the answer to everything that you seek but I will offer my best advice on what i think I know to be true.
I have heard that some people have gotten married in the US and then applied for "adjustment of status" I actually know people who have done this and it has worked out. However if you have gone to the US with the INTENT of marrying and staying then that is when it beacomes an issue. I think you were given the right advice originally.
The visa you should be applying for now is an I-130 spousal visa and as your wife is living in the US then she has to apply in the states and this can take anything from 9 months to two years. You can also apply for a K3 visa ......this is supposed to lesson the time that you are apart and seems to move at the same speed as the I-129 fiancee visa. The quickest route is if you and your fiancee were residing in the UK..You could then apply DIRECT to the US embassy and this take approx three months to complete the visa application. This, however might conflict with your wifes abilty to provide an affidavit of support.
I will try and explode the myth about the "affidavit of support" It doesn't matter how you present it but the "affidavit of support" is a contract between "anyone" and the US government. Anyone can support you given they have the resources, all the government wants to know is that if the immigrant you are sponsering gets divorced or falls on hard times that someone is willing to support them.....as usual it's all about money.
good luck
I dont know the answer to everything that you seek but I will offer my best advice on what i think I know to be true.
I have heard that some people have gotten married in the US and then applied for "adjustment of status" I actually know people who have done this and it has worked out. However if you have gone to the US with the INTENT of marrying and staying then that is when it beacomes an issue. I think you were given the right advice originally.
The visa you should be applying for now is an I-130 spousal visa and as your wife is living in the US then she has to apply in the states and this can take anything from 9 months to two years. You can also apply for a K3 visa ......this is supposed to lesson the time that you are apart and seems to move at the same speed as the I-129 fiancee visa. The quickest route is if you and your fiancee were residing in the UK..You could then apply DIRECT to the US embassy and this take approx three months to complete the visa application. This, however might conflict with your wifes abilty to provide an affidavit of support.
I will try and explode the myth about the "affidavit of support" It doesn't matter how you present it but the "affidavit of support" is a contract between "anyone" and the US government. Anyone can support you given they have the resources, all the government wants to know is that if the immigrant you are sponsering gets divorced or falls on hard times that someone is willing to support them.....as usual it's all about money.
good luck
Last edited by northspoon; Feb 19th 2003 at 2:05 am.
Feb 19th 2003, 12:49 am
#9
Sursum corda
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,860
Re: Affidavit of Support Question
Originally posted by Jenney & Mark
Oops.... my bad. Somehow I totally missed that part about them being married, despite the fact that it was mentioned in the very first sentence! DOH!
God, I hate it when I do that... Well, maybe some people considering the K-1 visa will find my comments helpful!!
~ Jenney
Oops.... my bad. Somehow I totally missed that part about them being married, despite the fact that it was mentioned in the very first sentence! DOH!
God, I hate it when I do that... Well, maybe some people considering the K-1 visa will find my comments helpful!!
~ Jenney
Feb 19th 2003, 1:48 am
#10
Joined: Apr 2002
Posts: 35,082
Originally posted by Trailblazer
This is all so confusing. I was told by the powers that be that I was to visit the US over Christmas and marry my wife there, on US soil. We were then told that I would have to return to the UK in order for her to submit the initial application. I had to be on UK soil for her to do so.
Now I'm being told I didnt have to? If only you can imagine how deeply upset I am right now. So now to add to my woe, I find out I probably didnt need to leave the US after all.
This is why I hate politics, even when they have a system in place the officials still cant agree on its running.
Im sorry for my ranting but you surely must know the pain and sorrow and hurt I feel right now at being told I probably will not get the visa. She can support me, she earns a top notch wage now, but she wasnt earning it last year. This years tax return will only have 7 months or so of her new job's earnings on it. Cumulitively over last year, she wont have reached the $15k or so limit she needed but she will more than clear that from this April to next. But that wont matter will it.
I honestly dont mind how long it will take IF I for definate that her income for last year wont be a problem because at the end of the day that means we can apply this year and not in a years time. Which ultimately I really do not want.
The line of work I do is highly sought after in the US so it would be quite easy to find work once I am there and I am more than happy to up sticks and move. She would be very afraid to move, and I wouldnt want her to give up her job so we agreed I would go there.
She can support me quite easily now, but they only look at last years earnings. I have no criminal convictions, we have marriage license copies, birth certificats, cash, medical records, I will take the vaccinations.. every requirement they ask for in order to immigrate to the US I meet yet we find this one small thing may rule it out. I dont know what to do
This is all so confusing. I was told by the powers that be that I was to visit the US over Christmas and marry my wife there, on US soil. We were then told that I would have to return to the UK in order for her to submit the initial application. I had to be on UK soil for her to do so.
Now I'm being told I didnt have to? If only you can imagine how deeply upset I am right now. So now to add to my woe, I find out I probably didnt need to leave the US after all.
This is why I hate politics, even when they have a system in place the officials still cant agree on its running.
Im sorry for my ranting but you surely must know the pain and sorrow and hurt I feel right now at being told I probably will not get the visa. She can support me, she earns a top notch wage now, but she wasnt earning it last year. This years tax return will only have 7 months or so of her new job's earnings on it. Cumulitively over last year, she wont have reached the $15k or so limit she needed but she will more than clear that from this April to next. But that wont matter will it.
I honestly dont mind how long it will take IF I for definate that her income for last year wont be a problem because at the end of the day that means we can apply this year and not in a years time. Which ultimately I really do not want.
The line of work I do is highly sought after in the US so it would be quite easy to find work once I am there and I am more than happy to up sticks and move. She would be very afraid to move, and I wouldnt want her to give up her job so we agreed I would go there.
She can support me quite easily now, but they only look at last years earnings. I have no criminal convictions, we have marriage license copies, birth certificats, cash, medical records, I will take the vaccinations.. every requirement they ask for in order to immigrate to the US I meet yet we find this one small thing may rule it out. I dont know what to do
I'm compelled to answer since I've contributed to your distress.
You did the RIGHT thing!
You were given mainly correct advice, and as your plan was to go to the US and get married in that visit, you were NOT allowed to stay and adjust status. Please accept my apologies.
Now, what do you do from here?
The visa I believe you are applying for is a K3. Read about the process at the same link I sent before. It will require a petition on your wife's part (mailed from her home) and a visa application on your part. Once in the US, you will apply to Adjust Status (AOS). Many USCs file a petition I-130 at the same time as the I-129 as they have different processing times. You can then take advantage of whichever petition gets approved first. We are now getting out of my area of expertise<snort>, but others here can help you.
Don't worry about the finances and having to wait because of them. If she is currently earning 125% or better, that's fine. Tax returns are used because the are a verifiable statement about one's income. That they happen to follow a particular 12 month cycle (which is Jan-Dec in the US) does not mean you have to wait a year to prove it. There are other tools for proving income (paystubs, letter from employer etc). If you feel unconfident about the financials, get a cosponsor. Did you two live together this past year? Your wages/assets *may* be counted. Does your wife have any assets? House, retirement accounts, investments, personal property etc. These can be used to make up any shortfall in income (at a higher rate).
So back up and take a breath, everything will be fine. No one is telling you that you probably won't be able to get the visa. Sheesh, half of us on this NG are half broke anyway, to read our posts. Myself, I had not worked since 9/00 and still managed to get my husband over here. As I like to say, if I did it, surely you can.
Again, you're doing the right thing!
Feb 19th 2003, 2:25 am
#11
Forum Regular
Joined: Jul 2002
Posts: 214
Hiya meauxa
I just have to disagree with somethings u have said....
You said that "many usc's file a I-130 at the same time"..once your married this is the only way to go!!!!! the K3 is in addition to the I-130.
If you have a fiance/e u have to file the i-129 (K1) if you have a spouse u have to file the i-130...in addition u can also file a (k3) (which i believe is just the same as the K1 fiancee visa) to hopefully reunite you with your spouse before the i-130 is approved .
Basically trialblazer..if your not married its the fiance/e visa (K1)
if you are married its the I-130..either the USC petitioning in the states or via DCF which is directly to the Embassy in the country which their spouse and (USC) resides...in addition...married couples can apply for the K3 which takes about the same time as the K1 which is in place to minimize seperation of married couples (however it seems recently that the I-130 have been approved before, or at the same time as the K3 which is then a judgement call on behalf of the couple)
I just have to disagree with somethings u have said....
You said that "many usc's file a I-130 at the same time"..once your married this is the only way to go!!!!! the K3 is in addition to the I-130.
If you have a fiance/e u have to file the i-129 (K1) if you have a spouse u have to file the i-130...in addition u can also file a (k3) (which i believe is just the same as the K1 fiancee visa) to hopefully reunite you with your spouse before the i-130 is approved .
Basically trialblazer..if your not married its the fiance/e visa (K1)
if you are married its the I-130..either the USC petitioning in the states or via DCF which is directly to the Embassy in the country which their spouse and (USC) resides...in addition...married couples can apply for the K3 which takes about the same time as the K1 which is in place to minimize seperation of married couples (however it seems recently that the I-130 have been approved before, or at the same time as the K3 which is then a judgement call on behalf of the couple)
Feb 19th 2003, 2:34 am
#12
Sursum corda
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,860
DO NOT sit back and wait for 130 to be approved unless you are under VSC jurisdiction and don't mind a few extra months (think they are currently working on apps from July this year?). We won't even mention the other SCs......!!!! Currently the K3s are being processed at around the 100 odd day mark for the most (but sadly not all mark) part. IF you can do DCF even better.
!!!! Currently the K3s are being processed at around the 100 odd day mark for the most (but sadly not all mark) part. IF you can do DCF even better.
Feb 19th 2003, 10:14 am
#13
Just Joined
Thread Starter
Joined: Feb 2003
Location: Redditch, UK
Posts: 4
I truly am thankful to you all for inspiring a bit of confidence back into me. This Affidavit business is the only thing standing in our way.
If letters from employers and wage slips can be used too, which was my hope all along, then we both have something positive to focus on. My concern when I read that they needed copies of tax returns for the past 3 years was that her tax returns would show she didnt meet the 125% target for Jan 2002-Dec 2002, even though she would meet it for the year Jan 2003-Dec 2003. Has anyone on these forums had the same problem and have been able to supply employers letters/wage slips etc AND have had no problem with doing it?
For the record, you guys are the friendliest bunch of people I think I've encountered. Rarely do you see so many people rush to the rescue of others and offer such swift advice. My regards to you all.
My wife currently lives with her sister, as she has done since she moved to Missouri to look after her sister while she was very ill. They both dont get along terribly well, so aside from the fact my wife doesnt want to have her sister as a co-sponsor, her sister has been out of work for a couple of years now (living off a very healthy divorce settlement *rolls eyes*). So her tax returns would show she had almost zero income over the past few years.
Our major hope is that she can supply a letter from her employer plus recent wage slips to demonstrate that she could more than easily support me. I do hope the only reason they ask for tax returns is just to show she has been earning an income for the past 3 years, rather than to distinguish whether she has been earning 125% or not.
If letters from employers and wage slips can be used too, which was my hope all along, then we both have something positive to focus on. My concern when I read that they needed copies of tax returns for the past 3 years was that her tax returns would show she didnt meet the 125% target for Jan 2002-Dec 2002, even though she would meet it for the year Jan 2003-Dec 2003. Has anyone on these forums had the same problem and have been able to supply employers letters/wage slips etc AND have had no problem with doing it?
For the record, you guys are the friendliest bunch of people I think I've encountered. Rarely do you see so many people rush to the rescue of others and offer such swift advice. My regards to you all.
My wife currently lives with her sister, as she has done since she moved to Missouri to look after her sister while she was very ill. They both dont get along terribly well, so aside from the fact my wife doesnt want to have her sister as a co-sponsor, her sister has been out of work for a couple of years now (living off a very healthy divorce settlement *rolls eyes*). So her tax returns would show she had almost zero income over the past few years.
Our major hope is that she can supply a letter from her employer plus recent wage slips to demonstrate that she could more than easily support me. I do hope the only reason they ask for tax returns is just to show she has been earning an income for the past 3 years, rather than to distinguish whether she has been earning 125% or not.
Feb 19th 2003, 7:28 pm
#14
Joined: Apr 2002
Posts: 35,082
Originally posted by Trailblazer
I truly am thankful to you all for inspiring a bit of confidence back into me. This Affidavit business is the only thing standing in our way.
If letters from employers and wage slips can be used too, which was my hope all along, then we both have something positive to focus on. My concern when I read that they needed copies of tax returns for the past 3 years was that her tax returns would show she didnt meet the 125% target for Jan 2002-Dec 2002, even though she would meet it for the year Jan 2003-Dec 2003. Has anyone on these forums had the same problem and have been able to supply employers letters/wage slips etc AND have had no problem with doing it?
For the record, you guys are the friendliest bunch of people I think I've encountered. Rarely do you see so many people rush to the rescue of others and offer such swift advice. My regards to you all.
My wife currently lives with her sister, as she has done since she moved to Missouri to look after her sister while she was very ill. They both dont get along terribly well, so aside from the fact my wife doesnt want to have her sister as a co-sponsor, her sister has been out of work for a couple of years now (living off a very healthy divorce settlement *rolls eyes*). So her tax returns would show she had almost zero income over the past few years.
Our major hope is that she can supply a letter from her employer plus recent wage slips to demonstrate that she could more than easily support me. I do hope the only reason they ask for tax returns is just to show she has been earning an income for the past 3 years, rather than to distinguish whether she has been earning 125% or not.
I truly am thankful to you all for inspiring a bit of confidence back into me. This Affidavit business is the only thing standing in our way.
If letters from employers and wage slips can be used too, which was my hope all along, then we both have something positive to focus on. My concern when I read that they needed copies of tax returns for the past 3 years was that her tax returns would show she didnt meet the 125% target for Jan 2002-Dec 2002, even though she would meet it for the year Jan 2003-Dec 2003. Has anyone on these forums had the same problem and have been able to supply employers letters/wage slips etc AND have had no problem with doing it?
For the record, you guys are the friendliest bunch of people I think I've encountered. Rarely do you see so many people rush to the rescue of others and offer such swift advice. My regards to you all.
My wife currently lives with her sister, as she has done since she moved to Missouri to look after her sister while she was very ill. They both dont get along terribly well, so aside from the fact my wife doesnt want to have her sister as a co-sponsor, her sister has been out of work for a couple of years now (living off a very healthy divorce settlement *rolls eyes*). So her tax returns would show she had almost zero income over the past few years.
Our major hope is that she can supply a letter from her employer plus recent wage slips to demonstrate that she could more than easily support me. I do hope the only reason they ask for tax returns is just to show she has been earning an income for the past 3 years, rather than to distinguish whether she has been earning 125% or not.
Finances have been discussed many times in the past year. You can search this NG from google.com under the groups tab. The name of the group is alt.visa.us.marriage-based (put that phrase in the search box). You can then search within the group for things like "3 years" "tax return" I-864 etc to read others' similar questions and the responses. Based on what you've told us here, I would say it's not a problem. I recommend that you read my posts from Aug/Sept 02 to see my opinions on what "they" are looking for with financials. It is your/your wife's duty, however, to document your case and make a good sales pitch. Like it or not, this is a somewhat subjective procedure. I had no job and no income when I completed my husband's visa interview.
FYI, the co-sponsor does not need to be related to you or your wife. They need to be a USC.
