Jezibella

(I applied for the i130 petition. I am a us citizen. I've lived in the uk for 1 year with my husband, who is a British citizen. Been married to my husband for 8 months, known him for 5 years. Came to uk with a fiance visa and received my residence permit in nov 08.)

The more I read up on other stories, the more I get confused about what I need to send.

I sent off the petition and everything that was on the checklist.
I received a letter back saying they needed 4 affidavits.
1 from myself giving details of our relationship and 3 other sources giving details as well.

They also are asking for "commingling assets" such as bank statements, rental agreements, utility bills...

On the checklist they never asked for any affidavits or commingling assets.
In fact it clearly states "Only submit the documentation that is required by this checklist. Do not submit extraneous documentation, photos, bank/tax statements, etc."

This really annoys me, I don't understand why they just didn't ask for this in the checklist..........
I've been reading other i130 petitions online and they've included pictures, phone bills, emails, letters, etc.
I have over 2,500 hours in phone bills speaking with my husband. Tons of emails and letters... I could get 20 affidavits if they wanted them. It is very good evidence, but I do not want to submit extraneous documents. So instead in my affidavit I said: I can provide evidence of phone bills, letters, if needed. etc.

Isn't it best I only send what they ask me?

Also, are they wanting my joint bank statements for proof of address or do they need it for income? B/C I will be getting $5,000 soon... and was hoping they wouldn't need my financial income till the 2nd process...
We recently got a joint bank account in April, but aren't using it yet.


Any clues?
Thank you very much.

Jezibella

Also, how is the u.s. poverty line determined?

My husband is a student and has no income or savings, although is does receive money from his parents.. they pay tuition and rent.

I on the other hand have about $5,000 in savings and when I move back to the u.s. my employer has offered me a job as a receptionist. It's only $10/per hour, but I will have income when I move back. We will also be living with our parents rent-free, food-free, etc.... until I buy us a house.

I also have a wedding fund of $15,000 that I received from my parents, since I choose not the have a big wedding. It is not in my bank account. My mother gives my money out to me in lumps...or when I need it. I have chosen for her to manage it and keep it. (otherwise I fear it would disappear if it was in my account... I am 24 and don't think I quite know how to manage money just yet!)
How should I go about proving this? An affidavit? or would it just be easier to open an account with it?

I've been researching the poverty line in the us and it says " a single person needed to earn a minimum of $9,800" --- if that statement is current.

My position as a receptionist pulls in about $20,000 a year.
So I think I shouldn't have any problems with supporting my husband.....

mrs Bucket

Hi

Some people they do ask for additional information. Just send exactly what they have asked for no extras. Regarding joint assets, send anything that you have in both names. New joint bak account would help. I think they want to make certain that you are a geniune couple, and to scare of any phonies!

Hope this helps.

Amanda

Ray

http://aspe.hhs.gov/poverty/09poverty.shtml

Jezibella

Thanks, I will do that! I'm sure they will see that I received my UK fiance visa and 2 year UK marriage visa same day with no worries.... I just need to stop reading horror stories b/c I am thinking about it too much. It seems a lot harder to get into the U.S.

Noorah101

The online instructions aren't always kept up to date with what the consulate really requires from you when filing DCF (as you are). That's why these forums are helpful.

Now that you know what they want to see, just gather all that together and send it to them. Include the affidavits they request and include proof of comingling of assets. At this point, they just want to make sure you're a legitimate couple, and that you live in the UK. right now, they want your bank statements to show that you live in the UK, and that you have a joint account.

At the interview, your husband will have to show an I-864 Affidavit of Support from you (and a joint sponsor, if you don't qualify). The poverty guidelines can be found at www.uscis.gov, Immigration Forms, I-864P. The form and instructions are in the same place...form I-864.

You will be his sponsor, whether you qualify financially or not. You would need to currently earn US-based income of the right amount (which you don't), or you would need 3x that amount in assets (which you don't have). Since it sounds as though you will not qualify, your parents (or any USC or PR, age 18 or over, living in the USA) can be a Joint Sponsor. The Joint Sponsor will fill out a separate I-864 and send it to you with appropriate backup documents (proof of income, tax returns) for your husband to take with him to his interview. The Joint Sponsor must meet the poverty guidelines for THEIR own family size, PLUS the immigrant.

Rene

Noorah101

You are correct. It is much harder and more tedious to get into the USA. However, you are lucky that you are able to do DCF and get it all over with in 4 - 6 months. A USC living in the USA goes through an 8 - 10 months process for the same outcome.

Rene

Jezibella

Thank you very much, Rene!

Noorah101

Have you been filing US tax returns since living in the UK? You will need to follow up on this as well, if you have not been.

Rene

Jezibella

Yes, I did file one for 2008.

jeffreyhy

For immigration purposes this one is probably better:
http://www.uscis.gov/files/form/I-864P.pdf

Regards, JEff

jeffreyhy

J,

They are wanting the joint bank statements as evidence of comingled assets, which in turn is evidence of a bona fide marriage.

Regards, JEff