rogerpenycate

Hi,
I'm not sure what I'm writing below applies to the fiance visa, it does with a spousal visa.
I don't think this has been mentioned yet, but does Mark have any assets in the UK ie: property/cash-able pension etc that he can use to "top up" the affadavit.
If there is only the two of you, the 125% is not that high.
Let's say for example your earnings fall short by $2,000. all Mark would need to have would be 5 x $2,000 = $10,000.
The regulations state that provided that amount is "liquid" ie he can "get his hands on it" within 12 months, they will take that into account.
Also (and I think this is legal, I hope) can Mark's parent/relatives or friends "give him" the shortfall as a "gift".
As long as he can prove he has the money that should be OK.
I hope that is legal, I wouldn't want to give you any wrong advice.

I hope this helps, at least it's another option.

Good luck (I'm only down the road, in Fredericksburg and used to do some casual work at Down Hall Hotel in Bishops Stortford)

Roger

Mrtravel

rogerpenycate wrote:

    > Also (and I think this is legal, I hope) can Mark's parent/relatives or
    > friends "give him" the shortfall as a "gift".
    > As long as he can prove he has the money that should be OK.
    > I hope that is legal, I wouldn't want to give you any wrong advice.

The legality depends on what you mean by putting "give him" and "give"
inside of quotation marks.
It is is a real "gift", it would be legal. If it was temporary "loan"
just to show a balance in the bank, that would not be legal. Well, the
loan would be legal, but it wouldn't be an asset. It would also tend to
bug DOS if someone not making much money suddenly had a windfall to
their bank account shortly before filing immigration paperwork.

Rete

Jenney

I don't know your parents but I am a parent of adult children and more or less concur with them, as did my mother, that adult children are no longer a parent's financial responsibility. Of course, there are emergency and special circumstances that pre-empt that, at least in our household.

You are working but not making the required 125% of the poverty guidelines for a family of two. If you can persuade your brother or again approach your parents with the I-134 issue alone, let them know OUTRIGHT that their affidavit of support is just to get him into the country and is not binding on them for anything more than just that. The I-864 which must be filed at the time of applying for AOS is the one that is enforceable and then only when the AOS interview has occurred and has been approved.

My thoughts here are that Mark gets here, you marry, he applies for AOS with your I-864 (no co-sponsor here) and even though your salary is below the required figure, Mark's salary will can be added to a new I-864 which you can take to the interview if he has lived with you for six months. Between yours and his income, you will make the grade. Of course, this all hinges on the assumption that you are living in an INS district that will take over six months to adjudicate his AOS petition.

If you have to, Jenney, then you need to find a part-time position that will make up the difference of what you are missing to qualify as a financial sponsor on the I-134. It is only for a short while and might mean that you have to hold off on the fiancee visa for a bit but it will give you satisfaction knowing that you did this yourself.

Rete

mca

Have to agree with Rete here ... our potential co-sponsor declined to sponsor my fiance, to our disappointment, but not surprise. Therefore, we were forced to wait a while to submit the I-129F. It was not my parents, but a family friend of my fiance. I didn't bother asking my parents, because, like you, Jenney, I have a strained relationship with them, and I personally don't want to be dependent upon them for ANYTHING, especially something like this. I'm sure they would have said no, anyway.

Not to be obnoxious (which mean I'm about to be obnoxious), but I think the I-134 was something you should have taken care of before you sent in the I-129F, especially if you knew there was a chance your parents would say no to sponsoring Mark. But hindsight is 20/20, isn't that what they say?

Anyway, if living in the States is a priority, like Rete said, getting a part-time job to cover the difference will be completely worth it and satisfactory. It may be tough going for a while, but what a relief to know that you were able to do it on your own. My thoughts, anyway.

Best of luck,
mca

angeles73

[
MRTRAVEL wrote: "What is hard to believe about a father not taking a financial risk on his daughter's fiance with the current rate of divorce? She might try her brother. Whether her brother is going to have another child or not is of no consequence if there is no financial risk involved."

I'm sorry, but I'm confused by your comments. How can being a co-sponsor involve financial risk for one person but not for another?

Saying no because the current divorce rate is high is a cop-out. To me, what it all boils down to is that my parents are more concerned with making sure their daughter is aware that they aren't responsible for her welfare anymore, rather than wanting to do what they can to help her (and their future son-in-law) be happy. For most child-parent relationships, the opposite is true. Alas, my parents are not so open-minded, compassionate or understanding. *sigh*



Mmm.. sorry but I tend to disagree.

I think that if you have decided to marry your fiance, you and your fiance need to figure this out or wait like many have to. Wait to get a better job. Wait to earn the income necessary to not depend on someone else. Or wait until someone other than your parents who KNOWS your fiance will say, "Yeah, I'll go to bat for this guy"... will sign. The bottom line is that it may not be legally binding (the I-134) but if he stays, and you file for adjustment, you two will need a sponsor for the I-864. If you don't have one now... when it doesn't legally bind them , who's going to jump at the chance when it does legally bind them?

What if he decided when he gets here he doesn't want to start working just yet and would rather live off your parents because he's not eligible for gov. help? The I-864 makes them responsible for 40 quarters. Do the math... I'm not sure how old your parents are but... unless you tell me they have known him for several years and they simply do not want to sponsor him because they are just bitter old people... 10 years is an awfully long time to have to be financially responsible for someone.

And lastly...when you mailed the petition, did you even ASK your parents or did you just assume they would help? If it's the latter, I think I understand your parents reaction. That is something you need to resolve before you petition for your fiance. It is something to be resolved beforehand, not on impulse. And their reaction to your request may just be a bonafide attempt on your parents part at trying to make you aware of that.

Sorry.
Ange

Just Jenney

I have already said that I was looking for another job with a better income. For some reason, however, you seem to have made the assumption that I am just sitting on my ass, preparing to ask anyone who breathes to co-sponsor us until someone says yes. That couldn't be further from the truth -- please read my posts again before making such an assumption.

Again, you are ASSUMING we will need a co-sponsor for the I-864. That is several months away -- by which time I will have a better-paying job or, failing that, be working two jobs to make up the difference. Now that I know more about the roles of the I-134 and the I-864, I see them as two separate processes. And right now, I am concentrating on the I-134, in addition to looking for another job.

So, in other words, getting a co-sponsor for the I-134 DOES NOT mean those co-sponsors are obligated to assist with the I-864 -- or even that we'd need to ask.

I think I can judge Mark and his tendencies for myself, thank you very much. This is not a concern of mine.

Again, I'm talking about the I-134, NOT the I-864. Why can't you grasp that? But thanks, I already knew that...

Excuse me, but I've never done this before. I've never gone through any sort of US immigration process, nor ever anticipated to. Mark and I have been researching this for months, before we even officially got engaged. And guess what? We're human, we make mistakes. It's quite easy to when this entire procedure is difficult to digest like it is. It never occurred to us to sort out the I-134 before mailing the petition, because the I-134 isn't required until later. Forgive us for not being perfect.

And IMPULSIVE!??!? You're JOKING, right?!? NOTHING regarding immigration is done on impulse!! Impulse would've been running to the courthouse and getting married, then trying to figure out the immigration process afterwards. But we didn't do that, did we?

Give me a break.

You're sorry? For which part, exactly? The assumptions you made about us? About our motives? About Mark? About my parents? The chastising because we didn't work out the I-134 before everything else? What exactly are you sorry for??

~ Jenney

Just Jenney

Huh? For your information, I've absolutely no intention of "deciding not to start working" when I enter the States. It's quite insulting of you to suggest that might be the case. You know nothing of my employment history, education or skill base, so I would prefer it if you didn't automatically assume that upon my arrival in the States I'm just going to fall into a couch, crack open a beer and watch Jerry Springer all afternoon for the next ten years.

Assuming that a "worst case scenario" does come about and, for whatever reason, I'm unable to work, my own parents have already agreed to shoulder any financial burden that may arise. Jenney's co-sponsor, whoever that may turn out to be, won't have to shell out a single cent. I'd rather pack my bags and get on a plane back home than allow that to happen. But then we'll never get to that stage anyway, so the point is moot.

If it turns out we're unable to secure co-sponsorship this time round, then we'll seriously look into bringing Jenney into the UK, where the procedure isn't as bureaucratic, where the financial requirements aren't something to worry about and where there are people who wouldn't be so quick to assume Jenney has hidden motives and intentions.

--
Mark

angeles73

Jenny wrote: You're sorry? For which part, exactly? The assumptions you made about us? About our motives? About Mark? About my parents? The chastising because we didn't work out the I-134 before everything else? What exactly are you sorry for??

What I am sorry about is that you still don't seem to understand why your father rejected the idea of sponsoring Mark. It seems pretty obvious reading your responses to our messages that you at no time have thought that an ASSUMPTION can most certainly turn into a "reality". And the fact that you sent IN that petition WITHOUT confirming a sponsor says to me YOU ASSUMED someone would do you the favor. Or at least you are a poor researcher.

And regarding the I-864 and I-134, if you read your original message to this forum you confirm that other than your parents or your brother you have noone else to assist you. Therefore, I repeat, if you can't get someone to sign when it does not legally bind them, and you have no guarantee that you will get a better job or that Mark will get one by the time you apply for adjustment, who are you planning to go to for help on this? They were your words, not mine.

Bottom line is that if your parents don't know Mark well enough to sign for him, then you have to assume responsibility for your decision. As we all have to. And you criticizing your parents because they believe this is your adventure and you have to work it out on your own seems a little immature. How about sitting down with your parents and presenting them with a plan: give them employment contacts, people that can guarantee mark a job by signing a letter of intent or job offer? How about writing a letter to your employer requesting a salary increase by a certain time if you assume more responsibility and having your employer guarantee you a raise if you meet your goals within 6 months? In other words, how about proving to your parents they won't have to bail you out every time you "are human"and "make a mistake".

WE make the choice to marry, the LAST person(s) we should bother with our problems is/are our parents. In my case, my mother for example urged me to PLEASE use her as a co sponsor. But she has met and knows my fiance very well. She is 65 years old and signing the I-864 for him means she will be responsible for 10 years. Luckily it was not necessary because I took someone's advice and figured things out on my own, but she supported our decision to marry and we waited a VERY LONG TIME TO FILE. And lived apart for a long time while we made sure we did this on our own. So... if I were you Jenny... Mark... start working on how to prove to your parents that Mark is worthy of sponsoring him instead of lamenting a decision that you should have known about before filing.

By the way Mark, our knowing your education or skill base is immaterial. I know a lot of doctors and lawyers in this world who came from their countries to drive taxies in ours. And from what I read, your education and skill base is also immaterial to Jenny's parents.

Good luck to both of you. It looks like you will need it.

Just Jenney

Why my parents are refusing to co-sponsor is irrelevant now. We've moved on, obviously you haven't. Perhaps you can find out who they are and ring them up and ask them, give yourself some closure.

Who doesn't? Although your sentiment is empty, we thank you anyway.

~ Jenney

angeles73

It's actually not irrelevant since you say it's either them or your brother , but since it obviously makes you feel better to say that we'll leave it there.

I don't need closure. I would not ring up your parents since there would be no point. And I surely don't need luck. I, unlike you, research before I do things. Being an adult is difficult isn't it? And luck has nothing to do with it.

Meanwhile you still need a sponsor. And my sentiment is about as empty as your parents'. Really, the more we read, the easier it is to understand your parents' reaction to your request.

Wonder why?

Scarlett

jenney,

just wanted to say i'm sorry you're having such a hard time with the I-134 and
hope it all gets sorted soon. keep us posted. there are many here who wish you
nothing but a speedy process and have no intention of judging you, your parents
or mark.

keep peddling - you'll get there! and don't be put off asking for help. this
process can be so daunting.

regards
-=-
scarlett

DCMark

Jenny and Mark:

When you air your very personal issues on a world-wide public forum, you really should be expecting to get a wide variety of responses. If I were you, I would step back from the obvious anger you both have at the responses, and let it go. It will make you like much easier. While it may seem satisfying to write these impassioned responses, in a few weeks you will just feel silly at having done so.

Concentrate on whats important in your life, getting the two of you together.

Mark

Just Jenney

Thank you for your patronising and condescending contribution to this thread, Angeles73.

Unfortunately, much of your "advice" is based upon an assumption that you know what goes on inside the heads of Jenney, myself, her parents and/or anyone else who may be involved. The fact of the matter is that you're not fully aware of the circumstances involved in our situation, nor of anyone's motives or reasons behind any decisions they've made. This makes your decision to offer advice and insincere sentiment in as patronising a tone as possible somewhat disappointing. I wouldn't make such assumptions of you or your relatives, so why choose to do so with us?

And kindly cut out that "the more we read" crap. Now you're assuming you're speaking on behalf of everyone else in this forum, when you're not. I can't see anyone else reacting in the spiteful, invective way you have. Sure, Jenney may have tried to second guess that her parents would agree to co-sponsor, but that's the only "crime" she's guilty of. Her approach to the whole immigration procedure has otherwise been very considered and thoughtful.

Your last post clearly indicates that you're more interested in belittling, presupposing and offering judgements of character with no supporting evidence, rather than offering any helpful or realistic advice. If that's the way you like to present yourself around here, then by all means carry on, but don't surprised if, from this moment on, we only choose to respond to practical, objective advice rather than unfounded character assassinations.

--
Mark

Just Jenney

Hi Mark -- it's not really so much a case of airing personal issues, more an emotional response on Jenney's part. Her parents' reaction really did knock her for six, so she's understandably a little shaken up, which is being reflected in some of her recent postings.

Personally, I feel no anger at any responses I've read here at all. Where the ensuing advice has been direct, to the point and practical, it's been well received. Yes, Jenney made a mistake in assuming her parents would support her, but that's all -- I don't really think it justifies Angeles73's response, which has been to question the character of Jenney and her parents.

The entire immigration process can, at times, be a very emotional one, so it's not surprising that those directly involved will occasionally react to people in a very emotive way. I'm not asking everyone to agree with Jenney's decision to mail the petition before co-sponsorship had been sought and agreed, but it is disappointing when folks around here make unfounded allegations about people's motives and relationships with their parents.

Angeles73 knows full well that this is a sore area where Jenney's concerned and appears to be trying to press her buttons to get a certain kind of response. I think that's a little unfair -- by all means criticise any practical decisions Jenney has made with regards to the petition application, but don't use her family as an attempt to illicit further emotive responses.

--
Mark

Jeremy Russell

Don't want to burst your bubble yet again, but be aware that US -> UK
moves are bureaucratic, they do want to know about financial affairs,
sponsorship etc, the intent being to make sure that immigrants aren't
a drain on the UK's resources.

This is from personal experience - my wife is an American citizen, we
aren't young (47 & 50), we own our house - unmortgaged - and the
British government employees at the NY consulate were insultingly
unpleasant during our interview there, the employees at the social
security offices in London ditto when we went for an NI number so my
wife could work and to cap it all, in a country that is apparently
crying out for teachers, they are now insisting that my wife does a
GCSE English to prove her capabilities.

A Masters degree in English and Education is apparently worthless but
they will be happy to allow her to teach if she can pass exams that
the government gives to 16 year olds and probably wouldn't mark
correctly even if she was going to take it.

To sum up, you DO need to worry about UK financial regulations and
yes, "they" will assume hidden motives for coming here. In the UK,
you're guilty until you can prove innocence.

As for us, we're going back to the US. It's easier & cheaper to live
and I can't wait.



On Mon, 04 Nov 2002 12:29:37 +0000, Jenney & Mark
wrote:

    >Originally posted by angeles73
    >What if he decided when he gets here he doesn't want to start working
    >just yet and would rather live off your parents because he's not
    >eligible for gov. help?Huh? For your information, I've
    >absolutely no intention of "deciding not to start working" when I enter
    >the States. It's quite insulting of you to suggest that might be the
    >case. You know nothing of my employment history, education or skill
    >base, so I would prefer it if you didn't automatically assume that upon
    >my arrival in the States I'm just going to fall into a couch, crack open
    >a beer and watch Jerry Springer all afternoon for the next ten years.
    >Assuming that a "worst case scenario" does come about and, for
    >whatever reason, I'm unable to work, my own parents have already
    >agreed to shoulder any financial burden that may arise. Jenney's
    >co-sponsor, whoever that may turn out to be, won't have to shell out a
    >single cent. I'd rather pack my bags and get on a plane back home than
    >allow that to happen. But then we'll never get to that stage anyway,
    >so the point is moot.
    >If it turns out we're unable to secure co-sponsorship this time round,
    >then we'll seriously look into bringing Jenney into the UK, where the
    >procedure isn't as bureaucratic, where the financial requirements aren't
    >something to worry about and where there are people who wouldn't be so
    >quick to assume Jenney has hidden motives and intentions.
    >--
    >Mark
    >--
    >Posted via http://britishexpats.com