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Old 11-04-2006, 01:03 PM   #1 (permalink)
Sugarcoated
 
Posts: 31
Default marriage visa... spouse didnt earn enough.

Hey there,
i wonder if any of you could help us.. we had a meeting with our lawyer
yesterday but cant contact him again till Monday and would really like
to see if any of you have any thing to say about this situation.. i'd
really appreciate it anyway.

We are going through the marriage visa process.. all above board and
legal etc. We are getting married next week. The problem is, my future
hubby didnt earn enough money for the past three years, only the past
one year. This is because he had cancer followed by heart surgery.
Does anybody know if there is a possibility to appeal this because of
these reasons?

We will obviously ask the lawyer but wonder if any of you have ever had
this problem with the spouse not earning enough?. Also it is impossible
for us to get a sponsor within his family which would have been the
second option, just because he has no contact with them.

I am originally from the UK if that helps...
 

Old 11-04-2006, 01:08 PM   #2 (permalink)
Jsc
 
Posts: 20
Default Re: marriage visa... spouse didnt earn enough.

> Hey there,
> i wonder if any of you could help us.. we had a meeting with our
> lawyer yesterday but cant contact him again till Monday and would
> really like to see if any of you have any thing to say about this
> situation.. i'd really appreciate it anyway.
>
> We are going through the marriage visa process.. all above board and
> legal etc. We are getting married next week. The problem is, my future
> hubby didnt earn enough money for the past three years, only the past
> one year. This is because he had cancer followed by heart surgery.
> Does anybody know if there is a possibility to appeal this because of
> these reasons?
>
> We will obviously ask the lawyer but wonder if any of you have ever
> had this problem with the spouse not earning enough?. Also it is
> impossible for us to get a sponsor within his family which would have
> been the second option, just because he has no contact with them.
>
> I am originally from the UK if that helps...

I may be wrong, but I don't think that he needs to earn enough in all
three previous years. He just has to prove that he makes 125% above the
poverty guidelines at the present time.

When I (the USC) sponsored my husband, I was only one year out of grad
school. I certainly didn't make enough in the previous three years. It
didn't make a difference.
 
Old 11-04-2006, 01:11 PM   #3 (permalink)
Sugarcoated
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> I may be wrong, but I don't think that he needs to earn enough in all
> three previous years. He just has to prove that he makes 125% above
> the poverty guidelines at the present time.
>
> When I (the USC) sponsored my husband, I was only one year out of grad
> school. I certainly didn't make enough in the previous three years.
> It didn't make a difference.

oooooh maybe we are mis understood... that would make SO much difference
and stop me crying like a baby all weekend!
 
Old 11-04-2006, 01:17 PM   #4 (permalink)
Jenney & Mark
 
Posts: 1841
Default Re: marriage visa... spouse didnt earn enough.

> Hey there,
> i wonder if any of you could help us.. we had a meeting with our
> lawyer yesterday but cant contact him again till Monday and would
> really like to see if any of you have any thing to say about this
> situation.. i'd really appreciate it anyway.
>
> We are going through the marriage visa process.. all above board and
> legal etc. We are getting married next week. The problem is, my future
> hubby didnt earn enough money for the past three years, only the past
> one year. This is because he had cancer followed by heart surgery.
> Does anybody know if there is a possibility to appeal this because of
> these reasons?
>
> We will obviously ask the lawyer but wonder if any of you have ever
> had this problem with the spouse not earning enough?. Also it is
> impossible for us to get a sponsor within his family which would have
> been the second option, just because he has no contact with them.
>
> I am originally from the UK if that helps...

I'm confused. How can you be currently going through the visa process
and be getting married next week? It takes weeks, often months, for the
visa process to be completed.

Or are you getting married in the UK and THEN apply for a spousal visa?
In other words, you haven't technically started the marriage visa
process because you're not married yet, you're just preparing for the
visa process?



From recollection, I thought the London consulate only really considered
the current (and past one year's) income for K1/K3 visa applications,
even though they ask for the past three years' worth of tax returns. Has
that changed?



A co-sponsor does NOT have to be related to the USC. It can be anyone
who is a USC or LPR, at least 18 years old, and meets the minimum income
requirements for their own household size PLUS the sponsored immigrant
(you). Know anyone who meets those criteria who would be willing to co-
sponsor you?

~ Jenney
 
Old 11-04-2006, 01:22 PM   #5 (permalink)
Sugarcoated
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> I'm confused. How can you be currently going through the visa process
> and be getting married next week? It takes weeks, often months, for
> the visa process to be completed.
>
> Or are you getting married in the UK and THEN apply for a spousal
> visa? In other words, you haven't technically started the marriage
> visa process because you're not married yet, you're just preparing for
> the visa process?
>
>
>
> From recollection, I thought the London consulate only really
> considered the current (and past one year's) income for K1/K3 visa
> applications, even though they ask for the past three years' worth of
> tax returns. Has that changed?
>
>
>
> A co-sponsor does NOT have to be related to the USC. It can be anyone
> who is a USC or LPR, at least 18 years old, and meets the minimum
> income requirements for their own household size PLUS the sponsored
> immigrant (you). Know anyone who meets those criteria who would be
> willing to co-sponsor you?
>
> ~ Jenney

well we are getting married this week and starting the visa process so
we have already discussed everything with the lawyer so that we know
whats going on.
The lawyer told us on friday that a co-sponsor has to be a member of my
partners family and over 21.
 
Old 11-04-2006, 01:26 PM   #6 (permalink)
Airborne83x
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> well we are getting married this week and starting the visa process so
> we have already discussed everything with the lawyer so that we know
> whats going on.
> The lawyer told us on friday that a co-sponsor has to be a member of
> my partners family and over 21.

You dont need a lawyer to file... My opinion its waste of money. If
there is a bigger case then lawyer is good to have.
My wife made about 16k annual so i asked my brother to cosign. He makes
about 32k annual. Few months later got the EAD and Interview letter.
When we attended the interview i had a job making about 26k and wife
20k, so it was like 46k. The officer did not even look at our jobs, he
checked my brother's and approved the case.

Good Luck
 
Old 11-04-2006, 01:27 PM   #7 (permalink)
Sugarcoated
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> You dont need a lawyer to file... My opinion its waste of money. If
> there is a bigger case then lawyer is good to have.
> My wife made about 16k annual so i asked my brother to cosign. He
> makes about 32k annual. Few months later got the EAD and Interview
> letter.
> When we attended the interview i had a job making about 26k and wife
> 20k, so it was like 46k. The officer did not even look at our jobs, he
> checked my brother's and approved the case.
>
> Good Luck

so your brother is a USC? i think that makes a differance...
 
Old 11-04-2006, 01:27 PM   #8 (permalink)
Elvira
 
Posts: 2182
Default Re: marriage visa... spouse didnt earn enough.

> well we are getting married this week and starting the visa process so
> we have already discussed everything with the lawyer so that we know
> whats going on.
> The lawyer told us on friday that a co-sponsor has to be a member of
> my partners family and over 21.

Where are you now?

Where are you getting married?

You misunderstood your lawyer.
 
Old 11-04-2006, 01:28 PM   #9 (permalink)
Sugarcoated
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> Where are you now?
>
> Where are you getting married?
>
> You misunderstood your lawyer.

We are in connecticut... we are getting married in New York.
 
Old 11-04-2006, 01:29 PM   #10 (permalink)
Airborne83x
 
Posts: 31
Default Re: marriage visa... spouse didnt earn enough.

> so your brother is a USC? i think that makes a differance...

He just became Naturalized citizen 1 month before he helped us out.
 
 


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