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Filed: Timeline
Posted

Hi there everyone...We really need your help!

Myself (British citizen, she) and My American Fiance (he) have been together for a year and a half, and have travelled a lot to ensure we can legally stay together. We are both currently working in Australia on working holiday visas. We would like to start applying for the K1 visa process, but can't figure out if we can do so from abroad. We have a permanent US address that we can use (his mums) and I have read a few posts that say you can.

However, when i have looked at the affidvait of support form (I - 134), the form only allows you to put an American address for your place of work...What if that isn't in the US? What do we put on the form? Surely the K1 visa cant discriminate agaisnt US citizens working abroad, but it seems to? He earns above the poverty line, so we shouldnt need a sponsor but should we use one anyway...Even so he will still have to fill out a I -134 right? He will declare his earnings here in Australia in America to get the tax return, so he will be paying american taxes....

HELP!!!!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Yes, he can petition for you from abroad, but will need a US mailing address for paperwork- ie someone that can forward mail to you; his parents will do.

The I-134 is separate from being allowed to file and yes, he will need US based income- because his Aussie income will stop when you two move to the USA, so there is no point in counting it, it cannot support the immigrant. So yes, you will need a co-sponsor, or to file on assets and yes, even with a co-sponsor he will need to fill out a I-134 also.

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.

mod penguin.jpg

Filed: Timeline
Posted

Yes, he can petition for you from abroad, but will need a US mailing address for paperwork- ie someone that can forward mail to you; his parents will do.

The I-134 is separate from being allowed to file and yes, he will need US based income- because his Aussie income will stop when you two move to the USA, so there is no point in counting it, it cannot support the immigrant. So yes, you will need a co-sponsor, or to file on assets and yes, even with a co-sponsor he will need to fill out a I-134 also.

Filed: Timeline
Posted

Thank you so much for your advice...So what do we put on the I-134 in the bit where it says name of business working for? Do we put unemployed? Will this look bad on the application? He will have full records showing he has paid taxes etc, and never claimed unemployment...Gosh Im so scared! x

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

Hi there everyone...We really need your help!

Myself (British citizen, she) and My American Fiance (he) have been together for a year and a half, and have travelled a lot to ensure we can legally stay together. We are both currently working in Australia on working holiday visas. We would like to start applying for the K1 visa process, but can't figure out if we can do so from abroad. We have a permanent US address that we can use (his mums) and I have read a few posts that say you can.

However, when i have looked at the affidvait of support form (I - 134), the form only allows you to put an American address for your place of work...What if that isn't in the US? What do we put on the form? Surely the K1 visa cant discriminate agaisnt US citizens working abroad, but it seems to? He earns above the poverty line, so we shouldnt need a sponsor but should we use one anyway...Even so he will still have to fill out a I -134 right? He will declare his earnings here in Australia in America to get the tax return, so he will be paying american taxes....

HELP!!!!

Current and continuing income is what is evaluated. An income that will continue when he returns to the US may be considered. If not, then another financial sponsor must be arranged.

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

 
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