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pangaea
Joined: 20 Dec 2007
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 Posted: Sun Mar 20, 2011 7:48 pm Post subject: Sponsoring my fiance to the US-questions, please help |
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My fiance and I are considering getting a fiance visa for him to come to the US. He is not Korean but I think the process will be the same, regardless of his nationality. I am looking for advice from anyone who has done this before.
I am mainly concerned about the affidavit of financial support. I can't find a minimum amount of money that I will have to have in the bank in order for his application to be accepted. The application asks for the amount I have in bank accounts and any assets that I have. I have no assets to speak of and at the time of his interview I will probably have around $4000 in my US account. I also will probably not have a job in the US at that point as I will probably still be in Korea.
I was hoping for us both to leave at the same time but I am wondering if that is possible. I really don't want him to be left to finish the process and the interview alone, but I am beginning to think it might be better to go home and get established before he joins me. Would it be better for our application if I leave earlier and get a job and a residence for us before his interview when he has to submit paperwork? Is it acceptable for us to state that we will be living with family until at least I have a job? Will his application even be considered if I don't have a job in the US when we leave?
Any help or advice would be much appreciated! |
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redaxe
Joined: 01 Dec 2008
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| Posted: Sun Mar 20, 2011 7:58 pm Post subject: |
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The info is all here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD
You need to prove that you have an income above 125% of the official poverty line for your family size to support the person you are sponsoring. They have specifics on what that income level is and how you can prove it.
Here's a relevant passage:
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Income Requirements
You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)
If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size.
To see if you are above the poverty level, see the �Form I-864P� link to the right.
If You Can�t Meet the Minimum Income Requirements
If you cannot meet the minimum income requirements using your earned income, you have various options:
* You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
o Exceptions:
+ If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor�s household income and 125% of the federal poverty guide line for the household.
+ If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents� assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
* You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
* You may count the assets of the relatives you are sponsoring.
Responsibilities as a Sponsor
When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.
Note: Divorce does NOT end the sponsorship obligation.
If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. |
The last part is important. Even if you get divorced, you are still the sponsor for essentially as long as that person remains in the U.S. on a visa (before they become a citizen). That means if you get divorced and your husband is not employed, you still have to give him money to support himself. He is not supposed to collect unemployment benefits, and if he does, you have to pay the government back for them. |
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Drew10
Joined: 31 Mar 2009
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| Posted: Sun Mar 20, 2011 8:27 pm Post subject: |
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| You can also use a co-sponsor (usually a family member) in case your income or assets aren't enough to meet the requirements. But the co-sponsor takes on the responsibilities of being financially liable for your fiance/spouse as well. |
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redaxe
Joined: 01 Dec 2008
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| Posted: Sun Mar 20, 2011 8:37 pm Post subject: |
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| And if you want to enter the US together it will probably be easier if you two get married first outside the US and file a form I-130 rather than an I-129F. They process married couples much faster than they process engaged couples. I sent in my I-129F for my fiancee three months ago and it will probably be at least another two months before I hear anything back. |
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sadguy
Joined: 13 Feb 2011
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| Posted: Sun Mar 20, 2011 9:06 pm Post subject: |
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| in the case of a foreign teacher marrying inside korea to a korean native, can your korean income count? and if both of you enter the US, and at that time you're jobless, will you still be able to successfully file the affidavit of support if you have the necessary assets? |
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redaxe
Joined: 01 Dec 2008
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| Posted: Sun Mar 20, 2011 9:28 pm Post subject: |
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| sadguy wrote: |
| in the case of a foreign teacher marrying inside korea to a korean native, can your korean income count? and if both of you enter the US, and at that time you're jobless, will you still be able to successfully file the affidavit of support if you have the necessary assets? |
Yes and yes. Read the excerpt that I posted above. It says you can total the value of your assets instead if you don't have current income that qualifies. |
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Drew10
Joined: 31 Mar 2009
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| Posted: Sun Mar 20, 2011 10:16 pm Post subject: |
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| redaxe wrote: |
| And if you want to enter the US together it will probably be easier if you two get married first outside the US and file a form I-130 rather than an I-129F. They process married couples much faster than they process engaged couples. I sent in my I-129F for my fiancee three months ago and it will probably be at least another two months before I hear anything back. |
When I filed mine, it took 8 months from file date to the date my then-fiancee was able to enter the U.S. |
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oldlongears
Joined: 11 Feb 2011
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| Posted: Wed Mar 23, 2011 9:16 am Post subject: |
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| Without trying to sound overly pessimistic, I say this: the entire process is protracted and exhausting. The visa process (for America) can drag on for over a year, creating a lot of downtime/waiting for you and your significant other. Again, I'm not trying to be negative- I'm just telling you what to expect. Best of luck. |
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hamie
Joined: 27 Nov 2009
Location: The middle of nowhere Korea
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| Posted: Wed Mar 23, 2011 6:11 pm Post subject: |
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| @oldlongears, I sent you a PM. |
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oldlongears
Joined: 11 Feb 2011
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| Posted: Thu Mar 24, 2011 6:26 am Post subject: |
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@hamie:
I haven't yet reached the 25 post minimum, so I can't send you a pm. Here is a bit of what to expect. The visa process involves incessant paperwork and documentation of the validity of your relationship. The actual time from application to issuance of the visa depends on where you live. If, for example, you live in South Dakota, the processing time will be much shorter than that of California.
The short answer is it is simply a long process. Be sure to read the directions for each form carefully, but try not to stress too much. It is more of a waiting game than anything else. Having supportive family helps immensely. |
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hamie
Joined: 27 Nov 2009
Location: The middle of nowhere Korea
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| Posted: Thu Mar 24, 2011 6:43 am Post subject: |
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@oldlongears
Thank you kindly, we really appreciate the helpful advice. I'm from Virginia, and we've photographed, emailed and made videos throughout our whole courtship and marriage, so hopefully we can prove we really are married.  |
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oldlongears
Joined: 11 Feb 2011
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| Posted: Thu Mar 24, 2011 6:55 am Post subject: |
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| Good luck! It will be fine. Once you get past the initial stages, it's a bit more tolerable. But at first it feels like you're in a Kafka story: you send the paperwork in, receive a letter, and wait. Days and months pass. And you wait. Anyway, it will eventually work itself out and be worth it after all! |
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blade
Joined: 30 Jun 2007
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| Posted: Thu Mar 24, 2011 7:30 am Post subject: Re: Sponsoring my fiance to the US-questions, please help |
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| pangaea wrote: |
My fiance and I are considering getting a fiance visa for him to come to the US. He is not Korean but I think the process will be the same, regardless of his nationality. I am looking for advice from anyone who has done this before.
I am mainly concerned about the affidavit of financial support. I can't find a minimum amount of money that I will have to have in the bank in order for his application to be accepted. The application asks for the amount I have in bank accounts and any assets that I have. I have no assets to speak of and at the time of his interview I will probably have around $4000 in my US account. I also will probably not have a job in the US at that point as I will probably still be in Korea.
I was hoping for us both to leave at the same time but I am wondering if that is possible. I really don't want him to be left to finish the process and the interview alone, but I am beginning to think it might be better to go home and get established before he joins me. Would it be better for our application if I leave earlier and get a job and a residence for us before his interview when he has to submit paperwork? Is it acceptable for us to state that we will be living with family until at least I have a job? Will his application even be considered if I don't have a job in the US when we leave?
Any help or advice would be much appreciated! |
OP check out www.visajourney.com for information about applying for visas to the United states. |
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blade
Joined: 30 Jun 2007
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| Posted: Thu Mar 24, 2011 7:37 am Post subject: |
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| redaxe wrote: |
| And if you want to enter the US together it will probably be easier if you two get married first outside the US and file a form I-130 rather than an I-129F. They process married couples much faster than they process engaged couples. I sent in my I-129F for my fiancee three months ago and it will probably be at least another two months before I hear anything back. |
The application process for direct consular filing is much, much faster than doing so within the United States. It's possible to have a spousal (IR-1/CR-1) visa approved in a matter of weeks if you have all your paperwork together and file via DCF. |
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