I-134 question with income and taxes

[annie1 9]

hi i have a question about k 3 visa. and basically I-134

I want to get my husband to US on k3 visa. I do work but i recently started working. and it will be my first tax return in 2011. which sounds weird but yes. honestly speaking my parents are not willing to support me. so my question is

i know I864 has co sponsors options.

but do I-134 allow co sponsors? ( and how do i know he/ she is a qualifying co-sponsor, where can i get this information?)

and if once i have a qualifying co-sponsor, do i have to worry about my tax returns of 3 years? (which i don't have because i was on my parent's tax return)

Can someone please answer my questions Thank you .

[mapletree 33]

The real issue is: Is your husband "likely at any time to become a public charge?" The I-134 is just a way of showing this. Does your husband have assets? Do you have assets?

This is an expensive and long process. Are you really ready to go down this road?

[annie1 9]

The real issue is: Is your husband "likely at any time to become a public charge?" The I-134 is just a way of showing this. Does your husband have assets? Do you have assets?

This is an expensive and long process. Are you really ready to go down this road?

i am , i just need that information about the co sponsor.

[annie1 9]

can someone pleaseee answer my question

[JAA 0]

Annie1,

I am not an expert but have recently filled out the I-134 for my fiancee's K-1.

To me, the logical answer would be to provide your current income statements as proof of your ability to support him, any monies you have in savings, and gather the documentary proof of being on your parent's returns.

As the person stated above, you need to demonstrate that he will not become a public charge.

Again, I am not a "pro" at this but the forms and requirements are fairly straightforward in their meaning.

[maning 36]

hi i have a question about k 3 visa. and basically I-134

I want to get my husband to US on k3 visa. I do work but i recently started working. and it will be my first tax return in 2011. which sounds weird but yes. honestly speaking my parents are not willing to support me. so my question is

i know I864 has co sponsors options.

but do I-134 allow co sponsors? ( and how do i know he/ she is a qualifying co-sponsor, where can i get this information?)

and if once i have a qualifying co-sponsor, do i have to worry about my tax returns of 3 years? (which i don't have because i was on my parent's tax return)

Can someone please answer my questions Thank you .

What country is your husband from?

It depends on how much you're making for 2011. Do your K3, it will take awhile for it to process, so you should have your first income tax return by then. You should make above %125 poverty level for 2 (assuming it's only you and your husband in your household) is $18,387 for 2011. Make a statement on why you're only started filing your taxes now to give at the interview. Make an employment letter from your employer stating your wage/full or part time and how long you've work there and your prospects for future employment with them.

I would advise you find a co-sponsor just in case the consular officer is not satisfied with having only 1 income tax return. Every embassy is different and some don't even accept cosponsors unless other certain conditions.

Again, what country is your husband from?

[annie1 9]

What country is your husband from?

It depends on how much you're making for 2011. Do your K3, it will take awhile for it to process, so you should have your first income tax return by then. You should make above %125 poverty level for 2 (assuming it's only you and your husband in your household) is $18,387 for 2011. Make a statement on why you're only started filing your taxes now to give at the interview. Make an employment letter from your employer stating your wage/full or part time and how long you've work there and your prospects for future employment with them.

I would advise you find a co-sponsor just in case the consular officer is not satisfied with having only 1 income tax return. Every embassy is different and some don't even accept cosponsors unless other certain conditions.

Again, what country is your husband from?

what makes a co-sponsor qualifying?

p.s. my husband is in pakistan

[JimVaPhuong 4,863]

what makes a co-sponsor qualifying?

p.s. my husband is in pakistan

You need one sponsor who meets the minimum requirements; 125% of the poverty guidelines for their household size. You can find the current poverty guidelines here:

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

The intending immigrant is included in the sponsor's household size. The sponsor must also be either a US citizen or permanent resident, and must be domiciled in the US.

If the petitioner does not meet the minimum requirements to sponsor then they may be able to use a joint sponsor. The requirements for the joint sponsor are the same - 125% of the poverty guidelines for their household size, which includes the intending immigrant. Some consulates rarely accept a joint sponsor for a K visa, but most will accept them.

Forget the K3 visa. They are a leftover from a time when spousal visas took a lot longer than K1 visas to process. A K3 visa requires both an I-130 and an I-129F petition. In more than 95% of the cases both of these petitions will be approved and sent to the NVC at the same time. When this happens the NVC will administratively close the I-129F petition, and send only the I-130 petition to the consulate, which means the foreign spouse will be applying for either a CR1 (if married less than two years) or IR1 (if married more than two years). The CR1/IR1 is an immigrant visa, and requires the use of an I-864 affidavit of support. An I-864 specifically allows for a joint sponsor, and all consulates will accept them.

What's more, a CR1/IR1 visa holder becomes a permanent resident upon arrival to the United States. There's no adjustment of status, which will save you more than $1000.

Don't bother with the I-129F petition. Just submit the I-130 petition for a spousal visa.

[annie1 9]

You need one sponsor who meets the minimum requirements; 125% of the poverty guidelines for their household size. You can find the current poverty guidelines here:

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

The intending immigrant is included in the sponsor's household size. The sponsor must also be either a US citizen or permanent resident, and must be domiciled in the US.

If the petitioner does not meet the minimum requirements to sponsor then they may be able to use a joint sponsor. The requirements for the joint sponsor are the same - 125% of the poverty guidelines for their household size, which includes the intending immigrant. Some consulates rarely accept a joint sponsor for a K visa, but most will accept them.

Forget the K3 visa. They are a leftover from a time when spousal visas took a lot longer than K1 visas to process. A K3 visa requires both an I-130 and an I-129F petition. In more than 95% of the cases both of these petitions will be approved and sent to the NVC at the same time. When this happens the NVC will administratively close the I-129F petition, and send only the I-130 petition to the consulate, which means the foreign spouse will be applying for either a CR1 (if married less than two years) or IR1 (if married more than two years). The CR1/IR1 is an immigrant visa, and requires the use of an I-864 affidavit of support. An I-864 specifically allows for a joint sponsor, and all consulates will accept them.

What's more, a CR1/IR1 visa holder becomes a permanent resident upon arrival to the United States. There's no adjustment of status, which will save you more than $1000.

Don't bother with the I-129F petition. Just submit the I-130 petition for a spousal visa.

i m confused. so you're saying not even think of k3. and go for k1. ?

isn't k3 faster for my husband to be here with me .

[JimVaPhuong 4,863]

i m confused. so you're saying not even think of k3. and go for k1. ?

isn't k3 faster for my husband to be here with me .

No. A K1 is for a fiancee of a US citizen. You're already married. You can't petition for a K1.

It used to take a long time to get an IR1/CR1 spousal visa. Two years or more was not uncommon. K1's were a lot faster, but the petitioner and beneficiary had to be unmarried. A K1 allowed the beneficiary to come to the US, marry the US citizen petitioner, and then stay in the US while they waited for their green card application to be processed. This was considered unfair to people who had already married, so congress introduced the K3 visa. The K1 and K3 are comparable in many ways - both are non-immigrant visas that allow the beneficiary to come and stay in the US while they wait for their green application to be approved.

The process for getting a K3 involves sending two petitions; first the I-130 and then the I-129F. It used to be that the I-129F was approved long before the I-130, so the I-129F would be forwarded to the consulate, and the beneficiary would interview for a K3 visa. This is no longer the case. The I-130 and I-129F are usually now approved at the same time, and sent to the National Visa Center together. Department of State policy now is to just close the I-129F, and send the I-130 petition to the consulate.

The bottom line is that even if you send the petitions for a K3 visa, your husband will probably end up interviewing for an IR1/CR1 visa. The new DoS policy effectively makes the K3 visa obsolete.

VJ keeps statistics for members who submit their information in their timeline. You can see these statistics by clicking on the Immigration Timelines link at the top of the page. If you click on the "Stats" link for each type of visa you'll see that there were a total of 2420 records for K1's in the past year, and that they averaged 236 days from petition to interview. By contrast, you'll see that there are only 35 records for K3 visas, which gives you an idea how rarely beneficiary's end up applying for K3's. There are 1027 records for IR1/CR1 visa, with an average time of 309 days, so the difference between K1's and IR1/CR1's is only a little over two months.

Send the I-130 for the IR1/CR1. Don't bother with the I-129F for the K3.

[annie1 9]

No. A K1 is for a fiancee of a US citizen. You're already married. You can't petition for a K1.

It used to take a long time to get an IR1/CR1 spousal visa. Two years or more was not uncommon. K1's were a lot faster, but the petitioner and beneficiary had to be unmarried. A K1 allowed the beneficiary to come to the US, marry the US citizen petitioner, and then stay in the US while they waited for their green card application to be processed. This was considered unfair to people who had already married, so congress introduced the K3 visa. The K1 and K3 are comparable in many ways - both are non-immigrant visas that allow the beneficiary to come and stay in the US while they wait for their green application to be approved.

The process for getting a K3 involves sending two petitions; first the I-130 and then the I-129F. It used to be that the I-129F was approved long before the I-130, so the I-129F would be forwarded to the consulate, and the beneficiary would interview for a K3 visa. This is no longer the case. The I-130 and I-129F are usually now approved at the same time, and sent to the National Visa Center together. Department of State policy now is to just close the I-129F, and send the I-130 petition to the consulate.

The bottom line is that even if you send the petitions for a K3 visa, your husband will probably end up interviewing for an IR1/CR1 visa. The new DoS policy effectively makes the K3 visa obsolete.

VJ keeps statistics for members who submit their information in their timeline. You can see these statistics by clicking on the Immigration Timelines link at the top of the page. If you click on the "Stats" link for each type of visa you'll see that there were a total of 2420 records for K1's in the past year, and that they averaged 236 days from petition to interview. By contrast, you'll see that there are only 35 records for K3 visas, which gives you an idea how rarely beneficiary's end up applying for K3's. There are 1027 records for IR1/CR1 visa, with an average time of 309 days, so the difference between K1's and IR1/CR1's is only a little over two months.

Send the I-130 for the IR1/CR1. Don't bother with the I-129F for the K3.

what if i want to live with my husband in his country throughout the process. will that effect the petition or process in any way . is ther eany limitations on where i live? or i have to be in US at all times?

[Tahoma 2,291]

The sponsor must also be either a US citizen or permanent resident, and must be domiciled in the US.

what if i want to live with my husband in his country throughout the process. will that effect the petition or process in any way . is ther eany limitations on where i live? or i have to be in US at all times?

You have to be domiciled in the U.S., but you can visit him.

[JimVaPhuong 4,863]

what if i want to live with my husband in his country throughout the process. will that effect the petition or process in any way . is ther eany limitations on where i live? or i have to be in US at all times?

You don't have to stay in the US. However, a sponsor does have to be domiciled in the US. It's less of an issue if you're using a joint sponsor, but it's critical if you intend to qualify as the only sponsor. If you're still in Pakistan when he goes to the interview then you'll need to prove that you've either maintained your US domicile while you were abroad, or that you've taken steps to reestablish domicile and will enter the US before or at the same time as your husband.

I remember a VJ member over a year ago who ran into this problem. She was living in Israel with her husband. She'd been living there for a couple of years, and didn't maintain her domicile in the US, though she continued filing tax returns. The consulate wouldn't accept her affidavit of support because she couldn't prove that she'd maintained her domicile or taken steps to reestablish domicile in the US. I recall that she tried getting her parents to sign a lease for her but the consulate didn't buy it. I think she ended up taking a trip back to the US to rent an apartment and open a bank account before they'd accept her affidavit of support.

[annie1 9]

You don't have to stay in the US. However, a sponsor does have to be domiciled in the US. It's less of an issue if you're using a joint sponsor, but it's critical if you intend to qualify as the only sponsor. If you're still in Pakistan when he goes to the interview then you'll need to prove that you've either maintained your US domicile while you were abroad, or that you've taken steps to reestablish domicile and will enter the US before or at the same time as your husband.

I remember a VJ member over a year ago who ran into this problem. She was living in Israel with her husband. She'd been living there for a couple of years, and didn't maintain her domicile in the US, though she continued filing tax returns. The consulate wouldn't accept her affidavit of support because she couldn't prove that she'd maintained her domicile or taken steps to reestablish domicile in the US. I recall that she tried getting her parents to sign a lease for her but the consulate didn't buy it. I think she ended up taking a trip back to the US to rent an apartment and open a bank account before they'd accept her affidavit of support.

i would file the tax return for this year. and i will have bank accounts here. i will apply for him and live with him during the case and will come back here with him.

is there any limit on how long you can stay outside US . is any exact number of months/years i can stay without being said that i am no longer domicile?

[Tahoma 2,291]

If you're still in Pakistan when he goes to the interview then you'll need to prove that you've either maintained your US domicile while you were abroad, or that you've taken steps to reestablish domicile and will enter the US before or at the same time as your husband.

is there any limit on how long you can stay outside US . is any exact number of months/years i can stay without being said that i am no longer domicile?

It's not a matter of how long. It's a matter of proving that you maintained domicile in the U.S. or that you've taken steps to reestablish domicile in the U.S.