Jason+Joanna Posted July 7, 2005 Report Share Posted July 7, 2005 When I sent in my financial support information, I was told that if my annual pay was over the 125% limit, documents such as bank statements, 401k's, life insurance and other similar items are not required. In fact the person told me they would probably not be looked at unless there is some question as to the validity of your employment. The only required items were the I-864, copies of your tax returns for the last three years, W-2's and the letter verifying your employment. She said anything more can delay your case or be a waste of time on your part to collect and send it.133967[/snapback]I am using the kitchen sink approach. I don't really care if they are not looked at. I just want them just in the rare event that they may be looked at. Link to comment
audelair Posted July 7, 2005 Author Report Share Posted July 7, 2005 When I sent in my financial support information, I was told that if my annual pay was over the 125% limit, documents such as bank statements, 401k's, life insurance and other similar items are not required. In fact the person told me they would probably not be looked at unless there is some question as to the validity of your employment. The only required items were the I-864, copies of your tax returns for the last three years, W-2's and the letter verifying your employment. She said anything more can delay your case or be a waste of time on your part to collect and send it.133967[/snapback]in my particular case, since the I-864's are filed on the day of the interview (i'm doing DCF in australia if all works out well), would it be possible that the case would be delayed due to too much info? I qualify based on my employment. But since i am on a leave of absence for 9 months, i worry that they will want me to go back and work before she is granted a visa. So i plan on adding my assets as a backup. My situation is that I:- qualify based on assets alone- qualify based on income alone (except on leave of absence). Would it be preferable for me to choose employment OR assets to qualify, or continue as i planned and do both? Link to comment
david_dawei Posted July 7, 2005 Report Share Posted July 7, 2005 in my particular case, since the I-864's are filed on the day of the interview (i'm doing DCF in australia if all works out well), would it be possible that the case would be delayed due to too much info? I qualify based on my employment. But since i am on a leave of absence for 9 months, i worry that they will want me to go back and work before she is granted a visa. So i plan on adding my assets as a backup. My situation is that I:- qualify based on assets alone- qualify based on income alone (except on leave of absence). Would it be preferable for me to choose employment OR assets to qualify, or continue as i planned and do both?133976[/snapback]please clarify: I don't understand the filing the same day as interview and too much info issue... Who would want you to go back and work? your work or consulate? The bottom line is: If you can fill out an affidavit of support, and have proof (tax returns and employer letter), then you have all bases covered... In general, employment will look better since it has future earnings implied and your affidavit is a promise to support her over the years... I've seen this stated as the highest priority (income), but cannot recall where right now... Link to comment
audelair Posted July 7, 2005 Author Report Share Posted July 7, 2005 please clarify: I don't understand the filing the same day as interview and too much info issue... Who would want you to go back and work? your work or consulate? The bottom line is: If you can fill out an affidavit of support, and have proof (tax returns and employer letter), then you have all bases covered... In general, employment will look better since it has future earnings implied and your affidavit is a promise to support her over the years... I've seen this stated as the highest priority (income), but cannot recall where right now...133982[/snapback]i guess i was confused as to HOW the I-864 could delay the process if you supplied assets when employment was sufficient, which is what Carl stated. That was the reason why I asked whether I should show both. As I understand, my wife would bring the I-864 with her on the day of the interview and file everything, and I was wondering if adding unnecessary assets really could delay the process. I was referring to the consulate wanting me to go back and work for a couple of months prematurely, since i would be "on leave" during the time we are applying. Something similar happened to someone on the BritishExpats forum, where someone did not qualify and had to go back and work a couple of months. However, the guy's father was hotheaded and irrational when posting about it on that forum, so it was hard to understand the exact situation! But it did scare me a little I guess i lack confidance in my employment because I would be on leave during that time, and i wouldn't have "recent" paystubs. the most recent would be at least several months old by the time of the interview. I figured adding assets wouldn't hurt, but Carl implies that it actually could. Link to comment
david_dawei Posted July 7, 2005 Report Share Posted July 7, 2005 i guess i was confused as to HOW the I-864 could delay the process if you supplied assets when employment was sufficient, which is what Carl stated. That was the reason why I asked whether I should show both. As I understand, my wife would bring the I-864 with her on the day of the interview and file everything, and I was wondering if adding unnecessary assets really could delay the process. I was referring to the consulate wanting me to go back and work for a couple of months prematurely, since i would be "on leave" during the time we are applying. Something similar happened to someone on the BritishExpats forum, where someone did not qualify and had to go back and work a couple of months. However, the guy's father was hotheaded and irrational when posting about it on that forum, so it was hard to understand the exact situation! But it did scare me a little I guess i lack confidance in my employment because I would be on leave during that time, and i wouldn't have "recent" paystubs. the most recent would be at least several months old by the time of the interview. I figured adding assets wouldn't hurt, but Carl implies that it actually could.133987[/snapback]It's unclear if Carl meant a consulate interview or AOS interview in states... Just to clarify more.. your timeline says "engaged" and "married" in future date (implies 'fiancee' status), but your "Australian DCF", which is only spousal status?? Which are you: K1, K3, CR1 ? I don't see how being on 'leave' is an issue. You either meet the financial guideline or you don't (and you have proof of it or you don't). If you don't have paystubs, can you get an employer letter stating a yearly salary ? Here's where I got the "income first" from: http://travel.state.gov/visa/immigrants/info/info_1328.html Assets May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement? Yes. The sponsor counts his/her income first. Next he/she counts the personal assets and/or the income and assets of household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient." To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size. For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets. What can be used as assets? Assets can be savings, stocks, bonds and property. They must be easily converted to cash. Link to comment
Carl Posted July 7, 2005 Report Share Posted July 7, 2005 Are you talking about a K1 interview in GUZ? Sounds like your talking AOS in US or CR1 ??133970[/snapback]Ok, I am talking about the CR-1, but still if your annual pay is over the 125% minimum, why muddy the water with extra unneeded paperwork. Keep it simple. Link to comment
Dan R Posted July 7, 2005 Report Share Posted July 7, 2005 Since you wont be working or receiving salary at the time of interview I'd submit both employment and assets. Otherwise there could be questions of how you could leave your job and what were you really doing in Australia. The asset proof would clearly show that you can support yourself and her for a prolonged period. A letter from the employer testifying that you are on approved leave and your job is available to you on return would show your ability to continue supporting in the U.S. I favor both it poses less mystery to the VO. Link to comment
Guest ShaQuaNew Posted July 7, 2005 Report Share Posted July 7, 2005 Well this thread is certainly fortuitous, as I am beginning to prepare the last mount of documents that GUZ may want to have a look at. So far, I got my bank sending a copy of all my bank statements from the last 13 months. I am also going to dig up my 401K info, my last 12 months of pay stubs, finally I will get an employment letter. I already have my last 3 years tax returns. I am planning to get my I-134 notarized at the end of this month. I suspect that sometimes our zeal to ensure that everything goes through smoothly the first time, without any surprises may have the opposite effect. The government is very precise in stating what it requires for validation, and giving more than requested leaves whatever is presented open to scrutiny and because it also must be kept in our files, it also requires validation. Government people like to see what they ask for, and when they are given more than requested, it requires additional work on their part, and it's unpredictable to know how they will respond, but I'm guessing that when one is buried in a mountain of paperwork everyday, they tend to not like it. By the same token, presenting less than required, which I doubt is often done will also be a problem. The silly errors that most often occur will always be the same; a forgotten check, an unsigned document, improper notary or translation. I would think it prudent to keep that "what's required" checklist close by and make sure that you have all items, no more and no less. Many times when something is requested you will be presented with an OR clause, as in Birth Certificate OR Passport. Yes, you can give both, but why muddle the issue. Less if often more, especially when it is well organized. J & L Link to comment
audelair Posted July 7, 2005 Author Report Share Posted July 7, 2005 Just to clarify more.. your timeline says "engaged" and "married" in future date (implies 'fiancee' status), but your "Australian DCF", which is only spousal status?? 133989[/snapback]we are going to be married in a few weeks and will be filing the paperwork immediately after. it is going to be an I-130 spouse petition. right now, we are just gathering documents and information so we can make the process as quick as possible after we get married (we already got the P3 package sent to us for us to review prior to our marriage). Link to comment
david_dawei Posted July 7, 2005 Report Share Posted July 7, 2005 in my particular case, since the I-864's are filed on the day of the interview (i'm doing DCF in australia if all works out well),133976[/snapback]Just want to understand this.. since your DCF, whatever info I can get to the FAQ for DCF , the better... When you said it is 'filed', do you mean at the check-in or you mean when the VO asks for it from the beneficiary during the actual face to fact interview? If you present both, as Dan recommends, you need 'proof' of the asset side... so you'll need a bank statement for sure or whatever proof exists for the assets. (just as you need employer letter and tax returns to prove the income side) Link to comment
audelair Posted July 7, 2005 Author Report Share Posted July 7, 2005 Just want to understand this.. since your DCF, whatever info I can get to the FAQ for DCF , the better... When you said it is 'filed', do you mean at the check-in or you mean when the VO asks for it from the beneficiary during the actual face to fact interview?If you present both, as Dan recommends, you need 'proof' of the asset side... so you'll need a bank statement for sure or whatever proof exists for the assets. (just as you need employer letter and tax returns to prove the income side)134142[/snapback]It should be presented during the face-to-face interview, during which we would have all paperwork, including the I-130 petition. Actually there are 2 ways to do it... bring the petition in person ahead of time, and then schedule the appointment. Or do the visa application FIRST, and come in ONCE to file all documents, including the petition. Here is a great url for the Australia DCF process: http://www.visajourney.com/forums/index.php?showtopic=43365 I am posting in there, under the moniker 80k. Directly from the Sydney Embassy's website, which has good info:http://usembassy-australia.state.gov/consular/ivfaq.html Also, please feel free to ask anything during the coming months, as I will be knee-deep in the DCF process there My main concern is waiting for them to fax back confirming that my would-be spouse would have no problem filing there (as she is a Chinese on a student visa). They said over email (when i requested the spouse package) that it would be no problem for her as long as she can prove legal stay for 6 months, but they asked again in a previous correspondence what her status is (they don't tend to look at the history of our correspondences unfortunately!), telling me that applicants with "visitor" status are not allowed to file. I don't expect any problems with her status as "student", but i had to fax back answering their question, and i hope they will still allow her to apply in Sydney. Link to comment
david_dawei Posted July 7, 2005 Report Share Posted July 7, 2005 I saw the VJ post.. great info... Are you expecting the same time frame they stated there? (3-5 weeks)... I'm packing my bags as I wait for your answer ! Link to comment
audelair Posted July 7, 2005 Author Report Share Posted July 7, 2005 I saw the VJ post.. great info... Are you expecting the same time frame they stated there? (3-5 weeks)... I'm packing my bags as I wait for your answer ! 134155[/snapback]i'm trying not to get my hopes up so far, my application seems like it looks great. we have a great relationship history and adequate financial support... no funny stuff on the application. As long as the embassy doesn't pull a curveball, it should be smooth sailing. I'll let you all know how it goes!! Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now