Our current and 3rd blue slip

[rlheim]

Time to put your pride aside and REALLY look for sponsor. I am sure one of your family or friends will sign . Someone out there must have a big heart. I would go and talk FACE TO FACE with each one of my family and friends and ask (Even neighbors). I am sure someone will sign. Go for it NOW!

 

At least you'll know you tried your best and, I think you'll be surprised at the results...

 

 

 

I wish I could feel as optmistic as you about this. What few friends I do have, I know for a fact will not do this. My sister is the only one in the family that I can turn to since I only have one sister. She is the one saying drop her. Her son lost his job. Her daughter is being supported by her boyfriend. My dad is dead. My mom is on disability, and 78 years old, and says drop her. My son only makes 20k a year at best buy supporting his girlfriend.

 

This one is going to be a very, very tough row to hoe.

[phantom1949]

Here is the body of an E-mail I received from a Visa attorney. I am new to the process and WILL NOT USE THIS ATTORNEY so I am not pushing anyone. I am posting it here only for the information. The e-mail was sent to me on December 5th so it should be current.

 

I hope it helps:

 

In this newsletter, number 12 in the series, we cover the question -

"What is the financial requirement for the fianc¨¦e visa and how can it be

met?" Following is a basic answer to this question, for a more

detailed overview,

 

Simply stated the fianc¨¦e visa applicant must show that he and his

dependents, including the fianc¨¦e and any children coming to the US with

the fianc¨¦e are covered at 1.25 times the poverty level. This requirement

is reduced to 1.0 times the poverty level for active duty military

personnel.

 

The requirement can be met by income, assets, or cosponsors or in

combinations of the foregoing items.

 

In the following I will use rounded and approximate numbers for my

examples. These numbers change from time to time and obviously we need to

make an individual calculation for each customer.

 

In the 48 contiguous States the requirement for 2 dependents (US

citizen applicant and foreign fianc¨¦e) is about $16,000/year. Adding 2

dependents, say one child from the former marriage of the US citizen and a

child traveling to the US with the foreign fianc¨¦e adds about $2,000/year

for a total of $18,000/year. I will use this same requirement to

illustrate several different examples.

 

Example 1 - Income only:

 

For an individual with a well document (usually tax returns) income of

$18,000 or more the requirement can be met on income alone

 

Example 2 - Income and assets:

 

For an individual with a well documented income of $10,000 per year the

calculation is as follows:

 

Requirement 3 years times 18,000/year = $54,000

Portion met by income 3 years time $10,000/year= $30,000

________

Net this portion met by assets $14,000

 

The portion met by assets is most easily met by liquid assets - but any

verifiable asset can be used

 

Example 3 - Cosponsor required.

 

In cases where the numbers do not add up to meet the above to examples,

a cosponsor can be added. The cosponsor can be any US citizen that

meets the financial requirement and need not be a relative. In this

situation both the applicant and the cosponsor sign financial affidavits.

 

I hope this helps!!!

 

Good Luck,

 

Lawrence

Edited December 17, 2006 by phantom1949 (see edit history)

[Rakkasan]

As someone who has looked at Long Term Disability with SSI I think it's a shame that our government has a disability program that would not put you at 125% above the poverty line.

[lostinblue]

I don't want to detract from the topic but ... Doesn't being married to a citizen of the PRC allow one to have a long term or better visa in the PRC?

 

 

Yes, you can obtain a one year multiple entry visa good for a year. I think each stay can be 60 days but that can be routinely extended at the local police station for perhaps as long as 120 days or more. Once they tell you they won't extend it again, you must leave and re-enter China. The workaround is for somebody to list you as an official employee and obtain a work visa. Not everybody has the connections to do this.

 

Rick, I was suggesting you provide the complete sentences from any directly relevant portion of the blue slip, in case they could possibly be interpreted differently. I doubt they can but its worth a shot.

I have a friend who is attending school in china and that is how they stay in china . Her husband is employed and use her student visa for extended stay in China. They maybe both from South Africa, Just something else to look at .I do not know all the details of the arrangement. She just made statement once that as long as she was in school (one class) they can stay in china.

[ospete]

I am not american so don't understand your system too well.If because of the risk you can't find anyone to co-sponsor.Why don't you sell some assets to the value that person comits to.Put it in some sort of account that that person can access if needed or if possible take out a loan on the assets and do the same.This will eliminate the risk for that person.Just an idea to consider.

[lostinblue]

one big question is why you were not blue slipped or white slipped at interview time with this reason of lack of yearly income. Why throw case into further review for all this time when it would be so simple to just use that way back when. I do not know why you are disabled but is there some way you can be employed doing something . At work we have several people who work 15-20 hours per week and still are on full time disability. I do not mean to be insensitive when I suggest this. It just seems that you are the only person you can turn to. There are many government programs that help disabled people find employment.

[david_dawei]

Let's keep in mind that the required form is an I-134. Let's not confuse it with references to I-864 which is a whole different animal. I-134 is considered non-enforcible.

Then why is it they are asking for a I-134 cosponser?

 

 

I think Don is talking about enforceability, not requirements.

Correct. It's deemded unenforcible and technically not required for a K-visa. However, GUZ does require 'proof' that a K-visa holder will not become a financial burden on the government. The I-134 is a mechanism for providing that proof.

 

The big hurdle now is to get the visa issued, by hook or crook.

 

Later at the AOS stage, the I-864 will come into play and it is deemed to be enforcible. Hence, there could be an outside chance of libility on the part of a joint sponsor. However, after living together for six or more months, her income can be added with Rick's to meet the requirements. This, of course, assumes that she can find work before needing to file AOS. Another fine point, AOS does not need to be filed within 90 days of arrival. The only requirement for a K-1 is that the marriage occurs. AOS can be filed at any time after the marriage - there is no hard, fast deadline. While it is prudent to do so quickly, it is not required. The problem in this case is that to obtain an EAD, the K-1 needs to file for AOS.

 

BUT - if Rick has assets to cover the shortfall in income, the I-864 should stand on its own without a joint sponsor.

 

SO - GUZ wants a joint sponsor in order to issue the visa. The joint sponsor would not end up being liable due to the unenforcibility of the I-134. GUZ just wants their ass kissed and won't settle for less.

This is my same basic thought.. get her here anyway you can... deal with the I-864 issues later; USCIS might accept your income/assets whereas GUZ doesn't seem to want to.

 

Unless your able to re-file the I-134 with more income reflected, it sounds like GUZ wants a co-sponsor (not simply more assets). I suspect they want sustainability of income over assets right now.

 

Lee has the best idea: Someone to sponsor only the daughter... this is for the I-134 for now, not the I-864.

[rlheim]

I have very much equity in my home. Way more than enough to sponsor 5 or 6 people. Other assets in personal property is more than enough to sponsor 3 people plus me alone. All of this which could be turned into liquid assets within one year as stated in the rules.

So I am confused as to why this is happening. Very confused. Should say sick. Very tired.

Ihave given my sister an option on the house a collateral if she cosponsors. She has not answered.

My brain hurts now.

[david_dawei]

These arguments seem more valid in regards to the I-864...

 

First step is to get past the I-134.. no one should be liable till approval of an adjustment of status (when the I-864 is the financial basis, and at this filing, I would not use a joint sponsor , but try to do that with income/assets...).

 

I think you could tell any potential joint sponsor on the I-134 that it is not enforceable.. just a step to the next one which they are not being asked to do...

 

 

 

 

Example 2 - Income and assets:

 

For an individual with a well documented income of $10,000 per year the

calculation is as follows:

 

Requirement 3 years times 18,000/year = $54,000

Portion met by income 3 years time $10,000/year= $30,000

________

Net this portion met by assets $14,000

 

The portion met by assets is most easily met by liquid assets - but any

verifiable asset can be used

 

 

I'd be leary of this attorney (I know you are not going to use him) since he can't do simple math. $54,000 minus $30,000 = $24,000. Not $14,000.

 

But, the basic point is valid. If Rick does have equity in his home, then he should do the calculation to make sure he understands the shortfall. In "selling" this to potential co-sponsors, he will need to educate them as to the extent of their liability. I presume that the enforcement would come against the USC first and then, to the extent there is a shortfall, against the co-sponsor. But, it could be joint and several liability (meaning that they could come after either or both to satisfy the liability).

[warpedbored]

As a shot in the dark I wonder if by liquidating some assets into real money they would accept a new I-134. You would need to do so to move to China anyway.

[SinoTexas]

You might have a difficult time finding a co-sponsor if it would take a year to liquidate your assets to make up any short fall should that occur. Also, there may some assets that can't be counted for financial asset purposes. In a few cases, a home cannot be counted because if it were liquidated for the purpose of paying off debt, because you in essence would be "homeless" and you (and your family) would in theory have no place to live. In some cases, they will only look at the equity in a house, if it is not already paid for. There are some pretty weird quirks in state finance laws. I don't know if GUZ figures it this way or not. You might want to obtain the services of a financial planner to look over your assets. Perhaps there is something that you are overlooking that can be counted. They could provide you with a ready assets plan that may satisfy GUZ.

 

Good luck.

 

As aye,

 

Jim

[david_dawei]

I think Carl has an interesting idea.. in essence, exchange the hard assets into soft ones. Then the I-134 would list the assets as cash (in the bank)... questions is whether what GUZ still wants is the sustainability issue (flow of income from working).

 

Follow-up to Carl's idea.. could be to write GUZ an email... re-state the slip request (joint sponsor), but ask them if your assets changed to cash and/or you produced a better asset picture if they will accept another I-134 (or is the request for a joint sponsor a mandatory request). It may be that we could get this answered from our GUZSpeaks (?).

 

 

As a shot in the dark I wonder if by liquidating some assets into real money they would accept a new I-134. You would need to do so to move to China anyway.

[Yuanyang]

I think Carl has an interesting idea.. in essence, exchange the hard assets into soft ones. Then the I-134 would list the assets as cash (in the bank)... questions is whether what GUZ still wants is the sustainability issue (flow of income from working).

 

Follow-up to Carl's idea.. could be to write GUZ an email... re-state the slip request (joint sponsor), but ask them if your assets changed to cash and/or you produced a better asset picture if they will accept another I-134 (or is the request for a joint sponsor a mandatory request). It may be that we could get this answered from our GUZSpeaks (?).

 

 

As a shot in the dark I wonder if by liquidating some assets into real money they would accept a new I-134. You would need to do so to move to China anyway.

IMHO it appears that whoever has reviewed the I134 is focused soley on the income if as Rick says the assets listed far exceed the requirements. Exchanging one asset class (eg property) to another (cash) may not help if they won't read all the information he's provided.

 

Whatever he does I think a cover letter is a good idea the restated I134.

[neveroddoreven]

Are disability and Social Security checks cut from the same place? According to the SSA site, you can still get your checks anywhere in the world except for Cuba and North Korea.

 

http://www.ssa.gov/pubs/10137.html#what

 

Edit: I take it back, they say the payments stop after six months.

Edited December 18, 2006 by neveroddoreven (see edit history)