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kirkn09

New here and have K-1 Questions!!

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Hey everybody, I proposed to my fiance in March. I feel like I've done quite a bit of research here and online but I do have some questions.

Quick overview.

My fiance is from Chile, we met while I was living there. She has also come to "visit/live" with me here in the United States on a tourist visa (VWP).

We are opting for the K-1 visa because that will be easiest on us. She has a daughter, so there will also be a K-2 visa.

One part of the process that makes me nervous is the income requirement process. In 2014, I was in Chile for an extended period and was not making money. When I came back to the United States I began working for the last few months and believe I made 27,000 dollars.

This year, in 2015 I will be here all year and will make 55,000 dollars.

I am just wondering that if I file NOW before I receive my tax information for 2015, will it look like I am hurting for cash and possibly give a red flag? I am a bit confused by the whole process of the income requirement. Is everything typically fine as long as I simply make more than 125% or do I have to be a certain amount above it?

Thanks in advance!!

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Besides your most recent tax transcript, you can provide a letter from your employer and recent pay stubs to prove your current annual income meets the requirement. You current income is the income amount you should list on the I-134, and not your past income from the tax return.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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For 3 people in the household, you need to make $25,112 so you should be good at $27k. I don't know how strict that embassy is about tax returns but your current income meets the requirements and current income is what matters. Time to gather a letter from your employer, pay stubs etc. proof of savings, and maybe prepare a written explanation why you fall into the exception of not filing your tax return for 2014. If you want to be on the safe side, maybe get a co-sponsor (but I don't think you will need one). You should be fine without a co-sponsor come AOS time though.

Edited by iammrsregie

My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Awesome, thanks for the advice! I might simply wait until I receive my tax stub for 2015. Should give me a little extra time to get everything prepared and a piece of mind about showing 55,000 instead of 27,000.

It is however nice to know that I should be fine, even if I decide to file sooner.

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Hey everybody, I proposed to my fiance in March. I feel like I've done quite a bit of research here and online but I do have some questions.

Quick overview.

My fiance is from Chile, we met while I was living there. She has also come to "visit/live" with me here in the United States on a tourist visa (VWP).

We are opting for the K-1 visa because that will be easiest on us. She has a daughter, so there will also be a K-2 visa.

One part of the process that makes me nervous is the income requirement process. In 2014, I was in Chile for an extended period and was not making money. When I came back to the United States I began working for the last few months and believe I made 27,000 dollars.

This year, in 2015 I will be here all year and will make 55,000 dollars.

I am just wondering that if I file NOW before I receive my tax information for 2015, will it look like I am hurting for cash and possibly give a red flag? I am a bit confused by the whole process of the income requirement. Is everything typically fine as long as I simply make more than 125% or do I have to be a certain amount above it?

Thanks in advance!!

Not complicated, I would mail in W-2 from last year and anything you have showing income. Include your present income- pay stubs or proof of income, bank deposits, etc. They will check all that info and find it.

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Hey Kirk

I know that the previous year's tax return is a requirement but in our case, the interviewers only asked for the affidavit of support I-134. We had also prepared proof of employment and a ton of paystubs but they didn't need those either. It might be different from country to country but we believe that if you are making enough right now, last year's income should not be an issue. It wasn't for us!

Best of luck!

Dylan&Claudia

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