ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionHow do you cancel a petition?
Okay, thanks: I just didn't know if there was an official form.

I'm not sure if we will be okay. From what I've read, I'm fine. From all the advice here, it's 'get a co-sponsor you need one' if your income is even close to the line. I'm guessing they scrutinize it pretty closely. And I know they look at the totality of circumstances, but that those can't make up for an income deficit. The 2007 poverty guidelines will also likely be higher, and his interview will probably be in 2007 if we continue on our present course.

I'm terrified that he won't be allowed in because we *are* borderline, and then we'll have a denial on record. I can't imagine making him go through that.

I still have to talk to my fiancé and weigh in his opinion, but I wanted to have all my options clear. Really seems like it would be easier to move to Canada at this point.
CaladanMaleCanada2006-10-22 15:34:00
US Embassy and Consulate DiscussionHow do you cancel a petition?
We're probably going to have to postpone getting married. (We're still fine as a couple, but I'm not going to risk a denial due to a lack of financial support, because that will be harder to fight than reapplying.)

Can I just write a letter to the NVC and formally cancel the petition?
CaladanMaleCanada2006-10-22 14:38:00
US Embassy and Consulate DiscussionHelp me make a case to my parents...
I am... borderline. The problem is that my funding/income is generated from September-June. Meaning that while my 'annual' income for FY2005 is, according to my contract with the university, $18,000, the part that made it onto the tax forms (since the school contract starts in June) was $15K+, just shy of 125%. For FY2006, I'll have that plus a $6300 summer teaching job, which should put me around $24-25K. For this year (2006-2007), the stipend is up to $19K + health insurance.

So if I just ignored the tax return request and provided an income letter and a bank letter, I'd *probably* be okay as far as the government is concerned. But a co-sponsor would be helpful.

Kez, quite a number of my friends manage (not with champagne bidets, mind) in my area, supporting two people on one grad student income as one relocates or tries to find a job. So I have a good sense of both what our cost of living is and will be. That's neither here nor there as far as the government goes, of course.
CaladanMaleCanada2006-10-22 11:02:00
US Embassy and Consulate DiscussionHelp me make a case to my parents...
I am hardly holding a gun to their heads and forcing them to sign a form. But if their reason is 'it's legally binding!', and it's not, then that's a bad reason because it's uninformed. If the reason is they don't want to because The Worst Could Happen, I'll respect their decision, and we'll try it on our own.

The rest of the comments on my personal decision were considered, by the way, but we've been together since 2004. If I wait till I finish my degree 2008, and then wait until I have a year's tax return, that's 2009. This is not a negligible time gap given the realities of life, age, biological clock. And I've been living quite well, with no debt and saving about 25% of my income, for five years on my own without parental assistance, and barring a disaster (I mean, it could happen, but how many college grads do you know who are a public charge?), I see no reason why my track record of being financially independent won't continue.
CaladanMaleCanada2006-10-22 10:32:00
US Embassy and Consulate DiscussionHelp me make a case to my parents...

While Form I-134 states that the promise to support is valid for 3 years, the courts have ruled that this "adminstrative" affidavit of support form is NOT legally binding (hence the legally binding I-864)

You can also mention to them that lawyers refer to the I-134 as "nonbinding affidavit of support, INS form I-134"

This non-binding nature should help reduce their concerns. Good Luck.



Yeah, understood that. :) It's just that the parental line will be 'But it says on the form that it's binding!'

I skipped my parents and went straight for my brother.


Haha, the trials of being the eldest. Sisters are all in school or broke.

--

aussiewench, thanks. That should help a lot, at least with my ability to make the case. (Still not betting they'll sign, but I guess that's why we won't plan a big wedding. Ooh, I could use the wedding planning as leverage.....)
CaladanMaleCanada2006-10-21 23:48:00
US Embassy and Consulate DiscussionHelp me make a case to my parents...
A bit of history:

I'm a graduate student. I miss the 125% cutoff by about $500 annually according to my tax returns. Yes, the K-1 only requires 100%. Yes, I have more five times the balance of the deficit held in liquid assets.

Still. Not keen on the idea of sending him to an interview that should be a breeze at 117% of the poverty level guidelines to get rejected.


So, I feel I need a co-sponsor. Here endeth the history lesson, and here beginneth the plea.

-------

My parents are of the lovely old-school midwestern breed that won't co-sign for cars, apartments, college loans, let alone a fiancé. :devil: The worry is generally that they don't know what could possibly happen, and they wouldn't want to be legally liable, because then the government would come and take their house, car, livelihood, and I wouldn't want to do that to dear old mom and dad would I?

(As a side note, I have never had financial trouble. This is pretty much an irrational worry on their part.)

I think it's a silly worry, but fair enough, their worries are their worries. I'd like to convince them that this is a stupid worry, as the K-1 is not legally binding (and my tax returns for fiscal 2006 will be above the cutoff due to a summer teaching gig, so we'll be fine at the AoS.)

Problem is, I'm not sure how I know that the K-1 is not legally binding. I understand the rationale that it's not legally binding., but I'm looking for a cite and coming up dry on finding the specific reg.

So, I'm looking for a cite that says a) the K-1 is not legally binding (it's okay if it's in legalese, I can read that.) and B) preferably has a shiny seal and looks official.

Can anyone help?
CaladanMaleCanada2006-10-21 23:23:00
US Embassy and Consulate DiscussionDS-156 Question
Thanks! I've pored through that, and I think we're fine, admissibility-wise. Just wasn't sure whether to check 'yes' or not.
CaladanMaleCanada2006-11-03 13:32:00
US Embassy and Consulate DiscussionDS-156 Question
Thanks. We definitely don't want to lie about a damned traffic violation.

We'll try to get something from the local police (who might even be RCMP given that he's out in the boonies), but this is practically Dukes of Hazzard territory, what with the uncles bailing him out.
CaladanMaleCanada2006-11-03 13:24:00