Question about my daughters K-1 visa.(merged)

[susanvmallory 2]

My daughter is bringing her fiance to the United States (Louisville, Kentucky), from Scotland on a K1 visa. They have been together for 5 years and have adequate proof of the relationship (including visiting each others country, my daughter visited with her for 6 months in Scotland recently). My daughter currently lives at home, files her own taxes, as I do not claim her at the age of 24; however, she only makes 10.00 an hour. She has a very limited work history. She wants to wait to get an apartment, she is waiting until she has the fiance visa approved. Should she be living independently sooner than later? I am just trying to find out what she needs to do to be prepared for her interview regarding proving the ability to support her fiance. I have been told that her living at home will potentially be a determinant to her case on proving stability!

So my questions are:

A: does she make enough money to support her fiance per the guidelines.

B: Should she be in her own apartment prior to the interview?

C: Will her work history impact her approval (she only made 7,000 last year per W2 proof). Currently makes 10.00 an hour and has been on the job for only 1 month.She is also in school twice a week to become an EMT.

D: What are my legal ramifications if I co-sponsor?

Thank you in advance,

A concerned Mother.

[Harpa Timsah 13,258]

She does not need to live on her own. But by my calculations she barely makes enough to be a sponsor. If you co-sponsor, the gov could sue you to pay back any means-tested benefits the immigrant receives, like welfare. It does not mean you have to give the immigrant any money or anything.

[LionessDeon 2,060]

A. https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf Financial requirements

B. No

C. 2-3 years of tax returns/transcripts may be needed. Depends on consulate requirements. If current income is insufficient co sponsor will be needed.

D. http://www.visajourney.com/examples/Form-I-134.pdf

http://www.visajourney.com/examples/INS-Form-I-864.pdf These are the affidavit of support forms required. You can review them for legal ramifications.

Edited May 4, 2016 by LionessDeon

[susanvmallory 2]

Thank you for your responds. How much money would my daughter need to make to qualify without a co-sponsor? I m not certain how comfortable I am being a co-sponsor.

[Merrytooth 5,748]

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

$20,025 for 2 person household (Your daughter + fiance)

[susanvmallory 2]

My daughter lives in Kentucky (Bullitt County). I cannot find the income requirements to properly assess if she needs a co-sponsor. She makes $10.00 an hour and works 40 hours a week. I have seen both 100% and 125% above poverty level.

Thank you.

[aaron2020 11,651]

My daughter is bringing her fiance to the United States (Louisville, Kentucky), from Scotland on a K1 visa. They have been together for 5 years and have adequate proof of the relationship (including visiting each others country, my daughter visited with her for 6 months in Scotland recently). My daughter currently lives at home, files her own taxes, as I do not claim her at the age of 24; however, she only makes 10.00 an hour. She has a very limited work history. She wants to wait to get an apartment, she is waiting until she has the fiance visa approved. Should she be living independently sooner than later? Putting herself in a financial hole will not make it more likely that her fiance will get a visa. Independent living is not a criteria for a K-1 visa. I am just trying to find out what she needs to do to be prepared for her interview regarding proving the ability to support her fiance. I have been told that her living at home will potentially be a determinant to her case on proving stability! Your are wrong. Whoever told you this is wrong. Living at home has nothing to do with getting her fiance a K-1 visa. Her income is the only that matters; not how she spends her money or where she lives.

So my questions are:

A: does she make enough money to support her fiance per the guidelines. Her annual income has to be above $20,000. Her hourly income is irrelevant. It's her annualize income that is relevant. Her annual income would depend on how hours she works and overtime. Figure out what her annual income is and compare it to the I-864p.

B: Should she be in her own apartment prior to the interview? Only if she wants to be. Her own apartment is not a criteria for getting her fiance a K-1 visa. It will only put her in a financial hole. It will not improve his chance at a visa.

C: Will her work history impact her approval (she only made 7,000 last year per W2 proof). Currently makes 10.00 an hour and has been on the job for only 1 month.She is also in school twice a week to become an EMT. She will likely need a Joint Sponsor given her income and work history. At $10/hour, her income will barely meet the poverty line. Her short work history will work against showing a stable income.

D: What are my legal ramifications if I co-sponsor? This is a loaded question where what you commit to and what happens in real life is subject to disagreement. https://www.google.com/search?q=responsibilities+for+I-864&oq=responsibilities+for+I-864&aqs=chrome..69i57.6539j0j7&sourceid=chrome&ie=UTF-8

Thank you in advance,

A concerned Mother.

[Harpa Timsah 13,258]

It's on the first link in Lioness's post. She will need to make 125% of the poverty line, which she barely does. Also, she has had the job a month so it may be decided that it is not suitable, and she would need a co-sponsor anyway.

[larida0704 4]

Hello Susan:

My daughter as well as yours petitioned her husband on a K1 visa. She is a student living at home and does not make enough to be the only sponsor. Either you or someone else that makes above the 125% poverty guideline will have to be a joint sponsor. I was the joint sponsor for her K1 visa and they are happily married and living at my house until she completes her last College semester and finds a job. For her husbands AOS I am also the joint sponsor and we are just waiting for his employment authorization, advance parole and conditional green card. As you can see we are an exmple of a similar case as yours...it was a long wait for the K 1 visa approval but that is another story. Please do not hesitate to contact me if you have any further questions.

Regards,

L

[A'n'L 735]

Hi,

It is 100 % for the K1 visa (using form I-134), but 125 % (using form I-864) for the subsequent adjustment of status.

Some embassies would want to see 125 % at the K1 visa interview as a confirmation that this requirement will be met when necessary later on.

What is you daughters annual income?

[Ontarkie 13,917]

~~Related Topic Merged. Please keep related questions to this thread. It can get messy when more then one thread is started for every question.~~

[susanvmallory 2]

Hi,

It is 100 % for the K1 visa (using form I-134), but 125 % (using form I-864) for the subsequent adjustment of status.

Some embassies would want to see 125 % at the K1 visa interview as a confirmation that this requirement will be met when necessary later on.

What is you daughters annual income?

My daughter makes 20,800 annually, but however; she has only had the job for 1 month and made under 10,000 last year. She makes 10.00 an hour and works 40 hours a week.

[LionessDeon 2,060]

Thank you for your responds. How much money would my daughter need to make to qualify without a co-sponsor? I m not certain how comfortable I am being a co-sponsor.

My daughter lives in Kentucky (Bullitt County). I cannot find the income requirements to properly assess if she needs a co-sponsor. She makes $10.00 an hour and works 40 hours a week. I have seen both 100% and 125% above poverty level.

Thank you.

Did you look at the link I posted above? It has all the information there you should take time to read it!

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

Some consulates require 125% for K1 form I-134. Check in the appropriate country portal. Immigration is federal. It has nothing to do with what state you live in.

Edited May 4, 2016 by LionessDeon

[susanvmallory 2]

Hello Susan:

My daughter as well as yours petitioned her husband on a K1 visa. She is a student living at home and does not make enough to be the only sponsor. Either you or someone else that makes above the 125% poverty guideline will have to be a joint sponsor. I was the joint sponsor for her K1 visa and they are happily married and living at my house until she completes her last College semester and finds a job. For her husbands AOS I am also the joint sponsor and we are just waiting for his employment authorization, advance parole and conditional green card. As you can see we are an exmple of a similar case as yours...it was a long wait for the K 1 visa approval but that is another story. Please do not hesitate to contact me if you have any further questions.

Regards,

L

Can you tell me what made the K1 visa take so long, is it due to the co-sponsor?

[susanvmallory 2]

Did you look at the link I posted above? It has all the information there you should take time to read it!

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

Thank you so much, my spouse and I are reviewing this now! It is just so overwhelming...so much information! My daughter made it seem like this would be a fast and easy three month tops process!