Please Help! K-1 Visa Questions

[sarabethgordon 0]

Hello,

My boyfriend and I have been dating for a year now he has family in the US and is from the UK

He had been coming over here on the visa wavier program and got denied entry into the US because he had been coming back and forth too many times and didnt have the appropriate visa.

We are planning on getting the K-1 visa but I am a server and do not claim all my tips therefore I do not make the minimum 20,000 a year or whatever it is.

I do not want to send his application if it is just going to get denied because I do not make enough money.

My mother has agreed to help us out but I know that the I-134 is not to be filed until the interview and everything.

I need answers on what to do as far as the income!

Everything else is legit cause we are so in love and just want to be together.

Someone please help!

Also any information regarding wait times would be amazing.

thanks

[subguy812 1]

If you are not going to be honest about your income...do a search on finding a sponsor.

[Cry_Tuff 0]

It's not that she's not being honest about her income. In the United States, servers are NOT required to report their tips as income.

If your mother has enough income of her own to make up the required amount and would be willing to be a co-sponsor, his K-1 Visa can be approved. I was in between jobs at the time, and my parents co-sponsored my now husband. They just require copies of their bank statements, etc during the K-1 visa process. Once you file for AOS down the road, they will require tax return statements.

Basically, if you have a co-sponsor who is willing to sign legal paperwork to ensure he has some financial support and does not become a burden to the state, then it will be approved. Does he have income or assets of his own with any value? That can be used as well.

Edited July 17, 2009 by Cry_Tuff

[subguy812 1]

It's not that she's not being honest about her income. In the United States, servers are NOT required to report their tips as income.

If your mother has enough income of her own to make up the required amount and would be willing to be a co-sponsor, his K-1 Visa can be approved. I was in between jobs at the time, and my parents co-sponsored my now husband. They just require copies of their bank statements, etc during the K-1 visa process. Once you file for AOS down the road, they will require tax return statements.

Basically, if you have a co-sponsor who is willing to sign legal paperwork to ensure he has some financial support and does not become a burden to the state, then it will be approved. Does he have income or assets of his own with any value? That can be used as well.

Not to start "A should I claim all of my earned income on my taxes or not thread" but I think unless tax laws have changed you are required to claim all earned incomes and file your taxes accordingly. The formula the restaurant uses a % of sales is not all gratuities earned. By not claiming it lowers your ability to buy a car, house, get credit, sponsor your fiance etc..I am no different than the next guy not wanting to overpay on taxes, and certainly not pointing fingers. My point is if she was claiming all of her tips she might have the tax returns to show the amount above the poverty threshold on her own when filing the affidavit of support. Now she will need the sponsor.

[sarabethgordon 0]

If you are not going to be honest about your income...do a search on finding a sponsor.

[sarabethgordon 0]

I plan on being honest with my income and my mom is going to be our sponsor but do I file it with the fiance visa application or just send off my income?

[payxibka 10,044]

It's not that she's not being honest about her income. In the United States, servers are NOT required to report their tips as income.

From IRS Publication 531:

Reporting your tip income correctly is not difficult. You must do three things.

1. Keep a daily tip record.

2. Report tips to your employer.

3. Report all your tips on your income tax return.

[Cry_Tuff 0]

Must be updated...or maybe its just Ohio..lol. Servers never use to have to report tips. I stand corrected...

To the original poster:

If you follow the K-1 Visa Flow chart and guide on visa journey, you won't go wrong.

[Mike B. 231]

I plan on being honest with my income and my mom is going to be our sponsor but do I file it with the fiance visa application or just send off my income?

I think you might misunderstand what people are saying. They're not saying you should be honest about your income with the embassy, they are saying you should be honest when you file your taxes. I'm not sure if you are thinking of doing this, but signing a swore statement saying "I know my tax records show I don't make enough, but that's only because I cheated on my taxes" and handing it over to the government would probably be a pretty bad idea.

If you cheated on your taxes and lowballed how much money you made, you need a co-sponsor.

[Ed+Cindy 1]

This is not a tax forum, but an immigration forum.

OP, you will be fine.

When you get to the consular stage, your mother will need to sign some paperwork. Depending on how much money you make when you file AOS next year, you may need your mother to help again.

As for being denied entry, it happens (to us actually too). You should be prepared for a little more scrutiny at USCIS, but you will be fine.

Best of Luck.

[sarabethgordon 0]

This is not a tax forum, but an immigration forum.

OP, you will be fine.

When you get to the consular stage, your mother will need to sign some paperwork. Depending on how much money you make when you file AOS next year, you may need your mother to help again.

As for being denied entry, it happens (to us actually too). You should be prepared for a little more scrutiny at USCIS, but you will be fine.

Best of Luck.

Ok so I just need to file my the fiance visa with my proof of working and income tax returns I am just afraid they will deny me should I have my mom send something saying she is willing to help as well while I turn in the application

[Ed+Cindy 1]

Follow the guides on this forum for a K-1. You will be fine, you have nothing out of the ordinary.

[subguy812 1]

This is not a tax forum, but an immigration forum.

OP, you will be fine.

When you get to the consular stage, your mother will need to sign some paperwork. Depending on how much money you make when you file AOS next year, you may need your mother to help again.

As for being denied entry, it happens (to us actually too). You should be prepared for a little more scrutiny at USCIS, but you will be fine.

Best of Luck.

Ok so I just need to file my the fiance visa with my proof of working and income tax returns I am just afraid they will deny me should I have my mom send something saying she is willing to help as well while I turn in the application

Just use the guides for K1 visa on this site and pay attention to what paperwork is needed to file using a sponsor and you will have all of the info you need. Many folks use sponsors it is not uncommon. You will need mom later in the process.

[brykit 0]

You may also want to consider if his entry denial will affect him being approved. Was he charged for any immigration violations?

[JimVaPhuong 4,863]

This is not a tax forum, but an immigration forum.

OP, you will be fine.

When you get to the consular stage, your mother will need to sign some paperwork. Depending on how much money you make when you file AOS next year, you may need your mother to help again.

As for being denied entry, it happens (to us actually too). You should be prepared for a little more scrutiny at USCIS, but you will be fine.

Best of Luck.

Ok so I just need to file my the fiance visa with my proof of working and income tax returns I am just afraid they will deny me should I have my mom send something saying she is willing to help as well while I turn in the application

You don't have to submit any proof of employment or income with the petition. Your fiance will need that stuff later for the interview at the consulate in the UK.

Don't send ANYTHING until you've read the guides and understand what you're supposed to send. The process isn't difficult, but it IS meticulous, and your petition can be delayed or denied for relatively simple errors. Also a really GOOD reason for reading the guides is that people here are very helpful when new members ask informed questions, and are a lot less helpful (downright rude at times) when people ask questions that are clearly answered in the guides.

Good luck!