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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi Guys i couldn't sleep last night i been thinking about the Affidavit of Support. Im a Full time Student but im almost done im a Junior so im almost there. i was stressing about the income i have to fill out which i have none but i do pay for my university which i attend so i have no loans or grants also parents support me.i read countless of post here on VJ about students and k1 i know my chances are slimmer than the rest especially its Manila which i assume doesnt except co/joint sponsor.My family owns a business which we are a corporation so Im Co/Owner and Manager which my sisters and i and parents are sole proprietors. we just opened August of last year so we have no income tax or anything to show. We pay sales tax and etc and i help my parents which i don't really get any income and expect any pay check. Being raised as a Filipino i just want to meet the needs of the business and don't expect anything in return from my parents which they help me out already actually to much sometimes haha and Im fortunate to have them.My parents have assets paid off house, duplex and land etc. so Im not worried about being under the poverty line and my fiance wouldn't be a problem. Im just curious how i would go through this process should i fill out a i134 for my mom and i? or include a i863 which i read is only for k3 visas? i was wondering if its ok to write a letter included with i134 stating my situation..your help and advise is much needed thank you..

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

It's a numbers game. You either meet the requirement or you don't. The family business story won't make a difference.

Manila has been known to accept joint sponsors for a K1 visa when the petitioner is a student or recent grad. Your parent would have to show enough income for their household plus the intending immigrant.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Russia
Timeline
Posted

You or your co-sponsor that you select still need to meet minimal income requirements. If you look at I134 (this is all you need for K1), you can include other assets. You can get objective valuation of the business and put as an asset. I recommend (again this is more of guess based on my own business experience):

1) Tax return

2) Conduct business valuation by a third party and your % ownership and put as an asset on I134.

I would do this. To be honest, I do not see how you can claim any future earnings. What I would do is what I said above plus make your father co-sponsor (if he agrees). I am imagining this should be enough. If he is co-sponsor, he has to be able to meet minimal requirements for his family plus you and your spouse-to-be. In your situation I would definitely do all of the above. Unless you meet minimal requirements one way or another, they will not approve your visa.

Posted (edited)

Don't despair and follow the advise that's been given. You must secure a co-sponsor that meets the poverty guidelines.

Here is a link that I just read about who was in the exact same situation as you do and they just got approved.

http://www.visajourn...age=1&dfilter=5

Good luck!

Edited by dindo and patty

Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Don't despair and follow the advise that's been given. You must secure a co-sponsor that meets the poverty guidelines.

Here is a link that I just read about who was in the exact same situation as you do and they just got approved.

http://www.visajourn...age=1&dfilter=5

Good luck!

thanks for the advice and support... well regarding me making any story about my business my parents make well above the poverty line and my mom works at a hospital, herself alone can pass the poverty line. i was just wondering about how i should fill out the forms and such and needed any insight how to go through the predicament of having no income to show.

Posted

thanks for the advice and support... well regarding me making any story about my business my parents make well above the poverty line and my mom works at a hospital, herself alone can pass the poverty line. i was just wondering about how i should fill out the forms and such and needed any insight how to go through the predicament of having no income to show.

If I were you, I would PM AJ & NiNA and ask for their advise/help since you are about to do exactly what they did! I am sure they will help.

Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

Filed: K-1 Visa Country: Philippines
Timeline
Posted

If I were you, I would PM AJ & NiNA and ask for their advise/help since you are about to do exactly what they did! I am sure they will help.

thank you

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

It's ok not to have an income. And it's understandable when you are a student. That means you need to have a joint sponsor.

That joint sponsor must meet the income requirement for their household number plus the intending immigrant. The I-134 does not allow for the combining of incomes.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Philippines
Timeline
Posted

It's ok not to have an income. And it's understandable when you are a student. That means you need to have a joint sponsor.

That joint sponsor must meet the income requirement for their household number plus the intending immigrant. The I-134 does not allow for the combining of incomes.

so does my mom have to fill out a i864 or i134 or should i go ahead and do both? and i know for sure i'll be writing a letter stating my situation.thanks for your help much appreciated..

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

For a K petition the I-134 is used. There have been a few instances where a I-864 has been requested along with a K petition. More to have a binding obligation from the sponsor. It's up to the interviewing officer.

Including the letter about the family business, etc. has no weight. It's not something that the CO can (or would take the time to) verify. If the business was operating last year then it showed up on someone's tax return. Unless it showed a healthy profit I would stick with mom's salary. The income number used for a self employed person often trips up sponsors.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Philippines
Timeline
Posted

For a K petition the I-134 is used. There have been a few instances where a I-864 has been requested along with a K petition. More to have a binding obligation from the sponsor. It's up to the interviewing officer.

Including the letter about the family business, etc. has no weight. It's not something that the CO can (or would take the time to) verify. If the business was operating last year then it showed up on someone's tax return. Unless it showed a healthy profit I would stick with mom's salary. The income number used for a self employed person often trips up sponsors.

ok everything is starting to make sense..im just going to make a letter saying im a junior in college and send in the tax i pay every year though its not much. and go ahead let my parents <mom> fill out the form..My sister and i are the only dependents since we both are in school and in the household i guess possibly my dad not to sure i'll double check. i'll leave out the business part. i'll just make it simple i guess. thank you again.

Filed: K-1 Visa Country: Colombia
Timeline
Posted

You're not understanding what people are writing. FORGET the letter. It's inconsequential, so are numerous things you have listed. It's black and white. You are a student. You need a co-sponsor. You need to make sure that whoever you plan on using as a co-sponsor makes enough INCOME as shown on their W-2 or 1099 if the co-sponsor is self-employed... which is sounds like that would be the case other than the fact that you stated your mom is a nurse. Start with your mom... look at a current paystub, look at her last 3 years wages on tax returns. If she makes well over the poverty line to support however many there are in her household + your fiance, go with that and forget everything else. If she does not, then look at the INCOME reported by the business the last 3 years, etc. Again, forget the letter. If you are using a co-sponsor and you are a student they really don't care much about you. Why confuse the issue? The less information, the better. Give them what they ask for and leave it at that. You start writing letters and giving them reasons to dig into and question certain things you just might be sorry at the end of the process.

ok everything is starting to make sense..im just going to make a letter saying im a junior in college and send in the tax i pay every year though its not much. and go ahead let my parents <mom> fill out the form..My sister and i are the only dependents since we both are in school and in the household i guess possibly my dad not to sure i'll double check. i'll leave out the business part. i'll just make it simple i guess. thank you again.

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

I-129F Sent : 2011-04-27

  • 4 weeks later...
Posted

If I were in your shoes, here's what I'd do:

> Attend your fiancée's interview.

> Submit your I-134.

> Submit an I-134 from your mom.

> Submit an I-864 from your parents.

> Submit notarized letters from your parents regarding their financial support for you and your fiancée.

> Make a personal appeal at the interview to the consular officer...make your case.

> Ask the consular officer to either approve the visa or marry you on the spot. ;)

Manila accepts cosponsors on a case-by-case basis. In your favor, you have a qualified cosponsor, youth, schooling, upward mobility, the support of your parents, and no expenses.

You have an especially tough case, but strange things can happen in Manila.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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