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Fiance's assets required but co-sponsor makes enough?

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Filed: K-1 Visa Country: Ireland
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Hello,


Hello my fiance went to a K1 interview at the Dublin US embassy in Ireland. They told us that the co sponsor does not make enough money (24500 USD/year and no dependents) though according to the official 2014 poverty line she does. They asked my fiance to provide his own savings statement and/or a job offer. How much savings are they looking for?

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Filed: Citizen (apr) Country: Ireland
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**** split from old topic by other member. PLease always post your own questions about your own case in your own thread, you will get more answers that way****

Did the co-sponsor maybe indicate they had a dependent in their last tax return?

What is usually needed is 5x the difference between the income and poverty level, but that does not seem to apply here. How much assets can you comfortably prove? The more the better.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: Ireland
Timeline
Hello,
Hello my fiance went to a K1 interview at the Dublin US embassy in Ireland. They told us that the co sponsor does not make enough money (24500 USD/year and no dependents) though according to the official 2014 poverty line she does. They asked my fiance to provide his own savings statement and/or a job offer. How much savings are they looking for?

This doesn't make any sense at all unless the co-sponsor has claimed a dependent on her taxes/I-134. That amount is almost enough even for the sponsor to have 2 dependents. I'm very confused by this. Did they give him any info about what the co-sponsor should be making to successfully sponsor him?

I mean, even the USCIS has an official form with the poverty guidelines on it:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

I am the petitioner.

02/11/14 - Mailed I-129F petition to Texas Lock Box

02/20/14 - NOA1 Received Electronically

02/25/14 - Alien Registration Number changed

08/08/14 - Contacted Congressman/Senators

08/12/14 - NOA2 Received Electronically (173 days)

08/12/14 - Medical Exam in Blackrock

08/16/14 - NOA2 Hard Copy Received

08/18/14 - Case sent to NVC from TSC

08/26/14 - NVC Received

08/27/14 - NVC Case # Assigned

08/29/14 - NVC Left

09/04/14 - Dublin Embassy Received

09/04/14 - Packet 3 Received

09/08/14 - Packet 3 Returned

09/11/14 - Packet 4 Received

09/22/14 - Interview Date - APPROVED!

10/22/14 - POE (Dublin)

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Filed: K-1 Visa Country: Ireland
Timeline

Hi,

Thanks for the responses. The co-sponsor did not claim a dependent. I was also very confused by this because I had looked at that same link for the poverty guidelines. They would not accept me as a sponsor because I was living in Ireland for most of 2013 and only started to work in Oct 2013. I did not need to file taxes for that year. They absolutely require a tax return. They asked for his bank statement and/or a job offer. I emailed them asking exactly how much is required for him to have in the bank (obviously in other words). I also offered to provide a different co-sponsor that made a lot more then my previous one. They replied the next day saying that there is no specific amount and said that they will let me know if they need anything else. As for assets we really do not have any as we are just out of our graduate degree programs. We sent in his bank statement but did not have much savings because I had to fly out there on an emergency and stay for a month. That really cut into our savings. We also sent all his pay stubs which are more than 3000EUR/month. He has had this current job (at an American company) since the beginning of this year. I am waiting on a response from them. Sent the statements in Friday morning.

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Filed: K-1 Visa Country: Ireland
Timeline

Hi,

Thanks for the responses. The co-sponsor did not claim a dependent. I was also very confused by this because I had looked at that same link for the poverty guidelines. They would not accept me as a sponsor because I was living in Ireland for most of 2013 and only started to work in Oct 2013. I did not need to file taxes for that year. They absolutely require a tax return. They asked for his bank statement and/or a job offer. I emailed them asking exactly how much is required for him to have in the bank (obviously in other words). I also offered to provide a different co-sponsor that made a lot more then my previous one. They replied the next day saying that there is no specific amount and said that they will let me know if they need anything else. As for assets we really do not have any as we are just out of our graduate degree programs. We sent in his bank statement but did not have much savings because I had to fly out there on an emergency and stay for a month. That really cut into our savings. We also sent all his pay stubs which are more than 3000EUR/month. He has had this current job (at an American company) since the beginning of this year. I am waiting on a response from them. Sent the statements in Friday morning.

Well, I'm pretty worried now. I'm a student and have no income, so my mom is co-sponsoring my fiance. She claims me as a dependent, but makes $42,000 a year. I assumed this would be enough, as it is well above the poverty guidelines, but now I'm worried because it seems they make their own rules. We provided evidence in the form of pay stubs, a letter from her employer, W-2s for the last 2 years, etc... but not a completed tax return. I didn't think it would be required. I also didn't provide any evidence for myself, as I have no income. Our interview isn't even scheduled yet, so I'm wondering if I need to find a different co-sponsor and/or provide tax returns for my mother before we get to that stage.

I am the petitioner.

02/11/14 - Mailed I-129F petition to Texas Lock Box

02/20/14 - NOA1 Received Electronically

02/25/14 - Alien Registration Number changed

08/08/14 - Contacted Congressman/Senators

08/12/14 - NOA2 Received Electronically (173 days)

08/12/14 - Medical Exam in Blackrock

08/16/14 - NOA2 Hard Copy Received

08/18/14 - Case sent to NVC from TSC

08/26/14 - NVC Received

08/27/14 - NVC Case # Assigned

08/29/14 - NVC Left

09/04/14 - Dublin Embassy Received

09/04/14 - Packet 3 Received

09/08/14 - Packet 3 Returned

09/11/14 - Packet 4 Received

09/22/14 - Interview Date - APPROVED!

10/22/14 - POE (Dublin)

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Filed: K-1 Visa Country: Poland
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i am sorry to hear you have trouble with this, i hope it gets figured out.....prob wont be a prob and they will grant the visa...but ur saying tax returns are required to present at the interview? why does everybody say diff stuff bout this...some say u dont need those and some say u do.....i thought it was only needed for aos.

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The sponsor has only had his/her job since January of this year? So just 8 months? Did the co-sponsor proof current income? Did the co-sponsor provide last year's taxes?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Mexico
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i am sorry to hear you have trouble with this, i hope it gets figured out.....prob wont be a prob and they will grant the visa...but ur saying tax returns are required to present at the interview? why does everybody say diff stuff bout this...some say u dont need those and some say u do.....i thought it was only needed for aos.

There is a lot of leeway given with the I-134. Different consulates want different things, which is why it is always advised to research about your specific consulate and not rely on what another consulate allowed or did not allow. Things can be allowed/denied on a case by case basis too, even if the cases went through the same consulate. All you can do is provide the best documentation to prove the foreign fiance(e) will not become a public charge once in the US.

Perhaps some consulates follow the Foreign Affairs Manual more strictly than others when it comes to wanting tax returns with the I-134. > http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support

...

f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: K-1 Visa Country: Ireland
Timeline

Well, I'm pretty worried now. I'm a student and have no income, so my mom is co-sponsoring my fiance. She claims me as a dependent, but makes $42,000 a year. I assumed this would be enough, as it is well above the poverty guidelines, but now I'm worried because it seems they make their own rules. We provided evidence in the form of pay stubs, a letter from her employer, W-2s for the last 2 years, etc... but not a completed tax return. I didn't think it would be required. I also didn't provide any evidence for myself, as I have no income. Our interview isn't even scheduled yet, so I'm wondering if I need to find a different co-sponsor and/or provide tax returns for my mother before we get to that stage.

I think you will be okay as long as you have your mom's tax returns for 2013. They didnt even look at my employment stuff as I did not have the tax return. They are scheduling about a week out. You can get the tax returns and then schedule the interview.

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Filed: K-1 Visa Country: United Kingdom
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i am sorry to hear you have trouble with this, i hope it gets figured out.....prob wont be a prob and they will grant the visa...but ur saying tax returns are required to present at the interview? why does everybody say diff stuff bout this...some say u dont need those and some say u do.....i thought it was only needed for aos.

It does change from embassy to embassy but in general you have to have a tax return if you are self employed. Some embassies are happy to accept letters of employment, pay stubs or even bank statements showing the deposits from your employer. hope this helps.

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The sponsor has had a job since October 2013. All tax returns were given for co-sponsor. The Dublin embassy was being really strict about this.

You say contradictory things in your post. You talk a lot about yourself, and say that you had a job since Oct 2013. Then you talk about someone who had a job since January of this year, who I thought was the co-sponsor.

It is difficult to give any meaningful advice because the situation is far from clear, and who is who seems to change each sentence.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: Ireland
Timeline

You say contradictory things in your post. You talk a lot about yourself, and say that you had a job since Oct 2013. Then you talk about someone who had a job since January of this year, who I thought was the co-sponsor.

It is difficult to give any meaningful advice because the situation is far from clear, and who is who seems to change each sentence.

I think the OP meant that since her co-sponsor was not accepted because they do not make enough money and she was rejected because she did not submit taxes due to being out of the country for most of last year, the embassy asked for her fiance's assets and he is the one who has been employed since the beginning of this year. This is my impression based on info provided, but I may be incorrect.

Sponsor (Her) - Has been employed since October of 2013, but was in Ireland for most of 2013, so does not have the tax return that the embassy requires. As such, she was rejected as a sponsor.

Co-Sponsor - We do not know how long they have been employed, but we know they make 24,500/year and filed as "single" with no dependents. Tax returns were provided, but beneficiary was told co-sponsor does not make enough money to support beneficiary. As such, beneficiary has been asked to provide proof of his own assets.

Beneficiary - Has been employed since the beginning of 2014 and has pay stubs from his job at an American-based company equating to 3,000 Euro/month. However, they do not possess much savings due to emergency travel that ate it up, so he apparently does not have enough assets to provide.

Edited by caiti92

I am the petitioner.

02/11/14 - Mailed I-129F petition to Texas Lock Box

02/20/14 - NOA1 Received Electronically

02/25/14 - Alien Registration Number changed

08/08/14 - Contacted Congressman/Senators

08/12/14 - NOA2 Received Electronically (173 days)

08/12/14 - Medical Exam in Blackrock

08/16/14 - NOA2 Hard Copy Received

08/18/14 - Case sent to NVC from TSC

08/26/14 - NVC Received

08/27/14 - NVC Case # Assigned

08/29/14 - NVC Left

09/04/14 - Dublin Embassy Received

09/04/14 - Packet 3 Received

09/08/14 - Packet 3 Returned

09/11/14 - Packet 4 Received

09/22/14 - Interview Date - APPROVED!

10/22/14 - POE (Dublin)

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Filed: K-1 Visa Country: Poland
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It does change from embassy to embassy but in general you have to have a tax return if you are self employed. Some embassies are happy to accept letters of employment, pay stubs or even bank statements showing the deposits from your employer. hope this helps.

Right, i know you have to show them if you are self-employeed, meaning, if you have your own company or something?

Yeah I will also be using a co-sponsor and I know they need ceritification of employement, pay stubs and bank statements. I guess I'll take her tax returns with me just in case too.

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Filed: K-1 Visa Country: Ireland
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I think the OP meant that since her co-sponsor was not accepted because they do not make enough money and she was rejected because she did not submit taxes due to being out of the country for most of last year, the embassy asked for her fiance's assets and he is the one who has been employed since the beginning of this year. This is my impression based on info provided, but I may be incorrect.

Sponsor (Her) - Has been employed since October of 2013, but was in Ireland for most of 2013, so does not have the tax return that the embassy requires. As such, she was rejected as a sponsor.

Co-Sponsor - We do not know how long they have been employed, but we know they make 24,500/year and filed as "single" with no dependents. Tax returns were provided, but beneficiary was told co-sponsor does not make enough money to support beneficiary. As such, beneficiary has been asked to provide proof of his own assets.

Beneficiary - Has been employed since the beginning of 2014 and has pay stubs from his job at an American-based company equating to 3,000 Euro/month. However, they do not possess much savings due to emergency travel that ate it up, so he apparently does not have enough assets to provide.

Thanks Caiti92, that is exactly right.

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