newenglander

HI,

I went through a lot of this on the general immigration board where I got some great help. It was suggested that I come here because apparently my best hope is a finace visa.

In a nutshell: HE is in English and is in England, I am a US citizen and reside here. We are both over age 60. He is retired but has been offered a part time bus driver job here -- they will provide paid training and get his license, etc. -- they need drivers, there is a shortage. But a bus driver job will not get him into the country.

So......a finace visa has been suggested. Big problem with that though -- I am on SSI disability which will definitely STOP once I marry. Thus, I will have ZERO income. We know that we can live here on his UK pension which will be sent over here and anything he earns as a bus driver will be extra. He also owns a home in England so that is an asset, although I read that to count his assets they have to be "readily converted into cash." I don't know if they would consider his home to be readilly converted into cash.

IF my health inproves I will be able to work but it will be part time. On the I-129 form it asks for your (fulltime) salary. Mine would be part time, is that ok?

I may be able to get my sister to co-sponsor him -- she has a job and a house in the US.

On the Immigration Board, progess was made and one of the last posts (by Noorah) said that "he can self sponsor in the UK." That way he won't have to deal with the I-864 until he's here and we're doing the AOS. At that point my sister could be joint sponsor until he gets a job. His income could be included on the I-864 at the interview as opposed to being sent with the AOS.

That kind of gets you up to date so now my BIG question pertains to the above paragraph -- HOW does this work?? He can self-sponsor? How?

Many many thanks to any and all who can enlighten me and help me get my fiance into the country.

Noorah101

I should clarify that you will do two I-864's once he's here. You'll send one with the AOS paperwork (and you'll include one from your sister as joint sponsor). At the interview, you are allowed to submit an updated I-864 with your current income, and the officer will give you back the I-864 from your sister, so she will no longer be a joint sponsor.

As for how to self-sponsor, hopefully someone who has done that will chime in. I believe he has to show a certain amount in the bank...or assets...not sure. But I know it can be done. That will get you over the hurdle of having to do an I-134.

Rene

Tracym

Hi - welcome to the marriage visa forum. I don't know if you already have this, but here are the poverty guidelines. You (or he) will need 125% of the amount for 2 persons, assuming there are no minor children around or anything.

http://aspe.hhs.gov/poverty/07poverty.shtml

I think they will accept a house as an asset.

Tracym

Since his main income is a pension, which he will have all along, why do they have to wait until he gets a job? Couldn't they include that income with the AOS and not use the sister for AOS at all?

Noorah101

Good point. Sounds reasonable to me. Is his pension enough? It's up to the officer at the interview. Another strategy might be to do as you suggested for the AOS filing, and then if the officer at the interview says they need a joint sponsor for some reason, THEN use her sister.....but I believe the sister was hesitant and didn't want to be the joint sponsor for the long haul.

Rene

Tracym

Would his assets (house) count also? Would it be his pension + his assets?

Plus, she says they can live on his pension here, so I am thinking it is probably enough. I'm sure she'll let us know.

I was thinking the sister might not need to be involved at all. Or, if we can't figure out the self-sponsor, the sister could be a co-sponsor for the K-1, but then it appears they can use his income (and maybe assets) for the AOS.

Am I right - the K-1 sponsorship isn't the same legally binding thing as the sponsorship for the AOS?

Noorah101

The I-134 is not the same legally binding thing as the I-864 is, correct.

To the OP - over in your other thread you mentioned that the I-129F asks how you will sponsor your fiance. But I just took at look at the I-129F and didn't see where it asks that. Can you tell me which question number you're referring to? Thanks!

Rene

Tracym

Regarding the I-864, when filing for AOS, uscis site states you can include:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

The value of your assets, the assets of any householdmember who has signed a Form I-864A, or the assets of the intending immigrant;"

So it appears to me that you would not need your sister as a co-sponsor for the AOS, as long as his income (pension) and assets (house) were enough.

Tracym

"IF my health inproves I will be able to work but it will be part time. On the I-129 form it asks for your (fulltime) salary. Mine would be part time, is that ok?"

I think you might have the wrong form - you need the I-129F not I-129. I don't think that form asks for any salary. Here is the correct form.

http://www.uscis.gov/files/form/I-129F.pdf

Noorah101

I'm thinking that perhaps newenglander would be well off to have a 1-time consultation with an immigration attorney, now that she knows more about the process. For about $150, the attorney can get her started in the right direction with the right forms, and also answer her questions about sponsorship and what income will work best. If I were in her shoes, that's what I would do.

Rene

Rete

He can self-sponsor for the K-1 meaning that you do not have to complete the I-134 for him. Once he is in the US and you marry, you have to file for his residency. Yes, you will lose your SSI but unless you are willing to wait until he has been here in the US with you for six months, he will not be able to use his income and/or pension on the I-864. I don't believe the rules have changed for that. If you can't file for his residency, then he can't work until he files and receives the work authorization document.

There is a way to be together but it will take time and patience and belt tightening for a while until you are on steady ground.

Tracym

Someone told me on the immigration forum that the six months rule had changed. From reading the form - see my earlier post - it does not mention any six month requirement there. It even says they can use it if they aren't living together, if they are married.

scrubbedexpat099

My recollection as well.

Noorah101

Mine too.

hcj1440

Hi New Englander,

Your fiance is from the UK, correct? Here is a link on "self-sponsorship" from the US embassy in London that may be helpful to you:
http://www.usembassy.org.uk/cons_new...affidavit.html

Actually you should probably read the info on the embassy website in order, and start here:
http://www.usembassy.org.uk/cons_new...rocessing.html

Another helpful resource, which I believe Boiler or someone had already directed you to in your other thread, is the K-1 guide on VJ:
http://www.visajourney.com/forums/in...m&page=k1guide

And of course, there is the official information published on the USCIS website:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD