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Old May 6th 2004, 12:13 pm
  #16  
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Default Re: Complicated situation

If the love is there your fiance will find a way. I went through a very ugly divorce, took custody of my daughter, worked shift work, hired an au pair so I could work strange hours and make more money. I did this for two years so I could get my love here with me.

If I can do this, anyone can...if motivated by love as I was and still am.

This is your and your fiance's problem. You can resolve it.

Good Luck,

Originally posted by Jarmo Sillanp??
lpdiver wrote:

    > Sounds like she needs to become employed at a level that meets the
    > guidelines. It isn't that difficult.

Currently it is. About a year ago, the time we first met, it would not
have been a problem but during the last year we both have had a lot of
bad luck in life.

Jarmo
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Old May 6th 2004, 1:53 pm
  #17  
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Default Re: Complicated situation

Jarmo

A while back someone was in the same situation as your fiancee. They didn't have anything to be a co-sponsor. No relatives or friends or employers who wanted to do the honors. The upshot was that the young lady took a second job just for the duration of the time needed to complete and validate the affidavit of support. She might want to see about that route. Also there is the fact that she has a child from a previous marriage. Does she get court ordered child support that can be used as income?

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Old May 6th 2004, 6:20 pm
  #18  
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Default Re: Complicated situation

Rete <member167@british_expats.com> wrote in message news:<[email protected]>...
    > Jarmo
    >
    > A while back someone was in the same situation as your fiancee.
    > They didn't have anything to be a co-sponsor. No relatives or friends
    > or employers who wanted to do the honors. The upshot was that the young
    > lady took a second job just for the duration of the time needed to
    > complete and validate the affidavit of support. She might want to see
    > about that route. Also there is the fact that she has a child from a
    > previous marriage. Does she get court ordered child support that can be
    > used as income?
    >
    > Rete


But won't the (future) wife need to produce 3 years worth of tax
returns which show an earning of 125% over the poverty level?

Or is that just for DCF?
 
Old May 6th 2004, 7:58 pm
  #19  
Jarmo Sillanp??
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Default Re: Complicated situation

Rete wrote:

    > Does she get court ordered child support that can be
    > used as income?

Yes, but it is a ridiculously small amount.
 
Old May 6th 2004, 10:12 pm
  #20  
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Default Re: Complicated situation

Originally posted by Ang

But won't the (future) wife need to produce 3 years worth of tax
returns which show an earning of 125% over the poverty level?

Or is that just for DCF?

For the AOS she would have to use the returns. However, only the current one has to meet or exceed the 125% level. If the spouse has lived in the household six month, their income could be used to meet the requirements.

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Old May 6th 2004, 10:13 pm
  #21  
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Default Re: Complicated situation

Originally posted by Jarmo Sillanp??
Rete wrote:

    > Does she get court ordered child support that can be
    > used as income?

Yes, but it is a ridiculously small amount.
the what about you? Do you have assets that equal or exceed 125% of the guidelines times 5? If so you can use that instead.

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Old May 6th 2004, 11:11 pm
  #22  
Jarmo Sillanp??
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Default Re: Complicated situation

Rete wrote:

    > the what about you? Do you have assets that equal or exceed
    > 125% of the guidelines times 5? If so you can use that instead.

No, I don't have. Sadly at the moment we are two very poor people who
are madly in love. Her savings went to medical bills. I, well, let's
just say that I made a bad investment and am lucky to be debtfree right
now. It is ironic that after learning that money is not everything I
find myself in situation where lack of money is the only thing that
prevents me from getting the truly important thing.

I want to thank everyone for their answers. I hope that one day I can
come back to tell some good news but for now it seems that we are doomed.

Jarmo
 
Old May 7th 2004, 1:07 am
  #23  
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Default Re: Complicated situation

Jarmo

I am sorry that you no longer have the assets to be your own financial sponsor.

FYI, the 100% of the poverty guidelines for a family of 3 is $15,670 (This includes yourself). The 125% is $19,587.50. Five times that amount in assets would be $97,907.50. BUT

If she is not on welfare and has an income of say $15,000 then you only have to make up the difference between 15,000 and $19,587.50 in assets. The difference is $4,587.50 times 5 would mean you need assets of: $22,937.50. Do you own a home, an apartment, a car, have a retirement plan, etc. anything that you can cash in for the missing funds?

Negativity is a dead end street. It leads you nowhere. Think positive and search for a means to met this obstacle head on and overcome it.

Have you asked your family to lend you the funds to meet the asset portion? Has she asked her family, her friends, her employer or even her ex-husband.

Coming in as a fiancee you have to only give the US Consulate the I-134 Affidavit of Support. This Affidavit is not a legally binding document as the I-864 Affidavit of Support will be when you adjust status. You can stress this to the people you or she ask for help.

If you are able to find a co-sponsor then come to the US and marry and if you are in a field where you might be able to find employment at an acceptable financial level, you have it made.

After marriage when you apply for adjustment of status, in addition to all the other forms your wife will provide an affidavit of support (I-864). Since you need to file in order to be eligible for a one year employment authorization document, you will need a co-sponsor again for this portion of the filing. BUT and it is a big but and in your favor, if you have lived together for 6 months you are eligible to use your income on an updated I-864 and at the time of the AOS you can substitute your I-864 for your co-sponsor's and let them off the hook.

So you and she will have to be damn good sales people and use all your charm to get a co-sponsor lined up. And stress that their participation is almost certainly just for "show" and that you will supercede their original I-864 with your own valid one at the time of the adjustment interview.

Rete


Originally posted by Jarmo Sillanp??
Rete wrote:

    > the what about you? Do you have assets that equal or exceed
    > 125% of the guidelines times 5? If so you can use that instead.

No, I don't have. Sadly at the moment we are two very poor people who
are madly in love. Her savings went to medical bills. I, well, let's
just say that I made a bad investment and am lucky to be debtfree right
now. It is ironic that after learning that money is not everything I
find myself in situation where lack of money is the only thing that
prevents me from getting the truly important thing.

I want to thank everyone for their answers. I hope that one day I can
come back to tell some good news but for now it seems that we are doomed.

Jarmo
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Old May 7th 2004, 2:56 am
  #24  
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Default Re: Complicated situation

I agree with Rete 100%. You can come up with a million reasons for failure; but, only one path to sucess is needed. In my case I had several "immigration attorneys" tell me my case was hopeless and refuse to take them at any cost. They wanna maintain the 100% success rate I guess. Others gave the extremely optimistic outlooks.

I am not belittling your obstacles but you could be looking at worst situations (immigrations wise). If money is truly the only thing keeping the two of you apart, it can be overcome. Both of you may have to work very hard and save diligently, but you can clear this hurdle. It may take some additional time but if you love one another become proactive and start knocking down the obstacles.

In my case I was separated from my loved one for 27 months with two one week vacations together. So, I do feel your pain.


Good Luck,


Originally posted by Rete
Jarmo

I am sorry that you no longer have the assets to be your own financial sponsor.

FYI, the 100% of the poverty guidelines for a family of 3 is $15,670 (This includes yourself). The 125% is $19,587.50. Five times that amount in assets would be $97,907.50. BUT

If she is not on welfare and has an income of say $15,000 then you only have to make up the difference between 15,000 and $19,587.50 in assets. The difference is $4,587.50 times 5 would mean you need assets of: $22,937.50. Do you own a home, an apartment, a car, have a retirement plan, etc. anything that you can cash in for the missing funds?

Negativity is a dead end street. It leads you nowhere. Think positive and search for a means to met this obstacle head on and overcome it.

Have you asked your family to lend you the funds to meet the asset portion? Has she asked her family, her friends, her employer or even her ex-husband.

Coming in as a fiancee you have to only give the US Consulate the I-134 Affidavit of Support. This Affidavit is not a legally binding document as the I-864 Affidavit of Support will be when you adjust status. You can stress this to the people you or she ask for help.

If you are able to find a co-sponsor then come to the US and marry and if you are in a field where you might be able to find employment at an acceptable financial level, you have it made.

After marriage when you apply for adjustment of status, in addition to all the other forms your wife will provide an affidavit of support (I-864). Since you need to file in order to be eligible for a one year employment authorization document, you will need a co-sponsor again for this portion of the filing. BUT and it is a big but and in your favor, if you have lived together for 6 months you are eligible to use your income on an updated I-864 and at the time of the AOS you can substitute your I-864 for your co-sponsor's and let them off the hook.

So you and she will have to be damn good sales people and use all your charm to get a co-sponsor lined up. And stress that their participation is almost certainly just for "show" and that you will supercede their original I-864 with your own valid one at the time of the adjustment interview.

Rete
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Old May 7th 2004, 4:02 am
  #25  
Jarmo Sillanp??
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Default Re: Complicated situation

Rete wrote:

    > If she is not on welfare

No, she is not on welfare.

    > Do you own a home, an apartment, a car, have a
    > retirement plan, etc. anything that you can cash in for the missing
    > funds?

I have cashed in everything. Everything I own fits in one room at the
moment.

> Think
    > positive and search for a means to met this obstacle head on and
    > overcome it.

I have been trying. Our original plans were to slowly get over the
financially hard times but, as I said in original post, situation
changed and waiting feels difficult right now.

    > Have you asked your family to lend you the funds to meet
    > the asset portion?

They oppose the whole marriage.

    > Has she asked her family, her friends, her employer
    > or even her ex-husband.

Well, there are still few extremely unlikely people who have not been
asked. It just isn't a subject you can bring up out of the blue.

    > Coming in as a fiancee you have to only give
    > the US Consulate the I-134 Affidavit of Support. This Affidavit is not
    > a legally binding document as the I-864 Affidavit of Support will be
    > when you adjust status. You can stress this to the people you or she
    > ask for help.

Oh, this is a very good thing you pointed out. Thank you. With a little
bit of luck it might be just enough with someone I have in mind...

Thank you
 
Old May 7th 2004, 10:09 am
  #26  
Jarmo Sillanp??
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Default Re: Complicated situation

lpdiver wrote:

    > If money is truly the only thing keeping the two of
    > you apart, it can be overcome.

Yes, it is the only one that right now seems to be keeping us apart. I
know that with time it can be overcome and we plan to do that. The
surprise pregnancy just made me impatient.
 

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