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Mark and Melyn

Pay Stubs Required for Final Embassy K1 Visa Interview

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Filed: AOS (apr) Country: Philippines
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RE: Only one pay-stub (the first paycheck) is acceptable for a new job and cash assets can replace or reduce income requirements

I wanted to know how many paystubs are needed to be approved and accepted by the consulate; this was important to me because I’m starting a new job in a week and my Fiancée was just approved last week in the US California office, and so I'll only have just one pay-stub (my first paycheck) right at the time when they will want to interview her for her final embassy interview with the consular in Manila, Philippines. I called the embassy and told them my situation; the Director said that because I am starting a new job it is acceptable for my Fiancée to bring just the one pay stub as long as she also has my signed employment offer letter that shows my rate of pay. My Fiancée just needs to explain this to them during the interview and they will accept just the one pay-stub.

I wanted to pass this great news onto others who may also be in this same situation because you won’t have to wait for that second paycheck, you can scan and email your first pay stub and your Fiancée can use that. I would advise calling to confirm like I did and I hope that you receive the same answer. I’ll confirm back here later once she’s been approved as stated.

For those who like me are unemployed when she has been approved in the US, the only thing that you can do is work very hard to find a job fast because you can’t send your I-134 form without a job (or cash assets valued at 3-times the income requirements); and so if I did not have this job coming at exactly this precise moment my Fiancée would have needed to delay scheduling her final interview until I could get a job and receive my first pay-stub.

My income is strong and so I don't need the cash assets to offset my income requirements, but for those who are slightly below the income requirements let me offer this helpful hint: If you did know know, assets can be used to replace (or reduce) the income requirements; $3 in assets is considered as $1 of income; it must be liquid assets, and generally cash is best. If you are able to get enough cash into your bank account during the interview process this cash can be used to offset your income requirements.

I hope this information was helpful.

Edited by Mark and Melyn

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Filed: AOS (apr) Country: Philippines
Timeline

Just out of curiousity, would a co sponsor also work in this situation?

Thanks for sharing. Very thoughful and helpful post :thumbs:

Yes the $3 in assets for $1 of income works for any sponsors, including co-sponsors.

Line 11 of the I-134 would allow for limited support using phrases like this below (and they would check the "Intend" check box):

  • SUPPLEMENT LIVING EXPENSES WHEN NEEDED OR PROVIDE FREE ROOM AND BOARD IF NECESSARY.
  • SUPPLEMENT LIVING EXPENSES UP TO $200 PER MONTH (NOT TO EXCEED $1000 ANNUALLY) OR PROVIDE ROOM AND BOARD FOR $100 PER MONTH IF NECESSARY.
  • SUPPLEMENT LIVING EXPENSES UP TO $200 PER MONTH OR PROVIDE FREE ROOM AND BOARD IF NECESSARY.

But remember, the I-134 Affidavit of Support is immediately replaced with a new Affidavid of Support once you are married and file to change their visa status, and this form, the I-864 Affidavit of Support does NOT provide for specified language to limit your commitment; instead the sponsor(s) agree to provide money to the sponsored Fiancée up to the 125% level as needed without qualifiers, and the person sponsored has the legal right to sue for this support if it is refused, even after divorce; and government agencies can sue for it if this person is forced to receive benefits because you are not supporting them. You can read all about this in detail on the I-864 form, and it shows how many years this sponsorship obligation lasts.

So it's important to figure out how to qualify and the best way is without co-sponsors if possible; given the long-term commitment it may be easier and certainly less risk for your relatives/parents/friends to help you place enough money into your checking account to help you qualify. E.g. let's suppose you are just $200/month short from qualifying, so $2400 annually; $3 cash in the bank will replace $1 of income shortage, so $2400 x 3 = $7200; if your relatives/parents/friends could help you to get $7200 into your checking account just before you fill out your I-134 and I-864 documents, this allows you to qualify on your own without co-sponsors.

Edited by Mark and Melyn

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Filed: K-1 Visa Country: Honduras
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awesome... I am in the same boat. Fiancé just got a job today, so I will have his first pay stub and probably the second by the time of my interview. I was worried. But did you file negative in tax last year?

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Filed: Country: Brazil
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awesome... I am in the same boat. Fiancé just got a job today, so I will have his first pay stub and probably the second by the time of my interview. I was worried. But did you file negative in tax last year?

Can a car be listed as an asset? and if so can it if im still paying on it? Though its almost paid off.

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Filed: AOS (apr) Country: Philippines
Timeline

awesome... I am in the same boat. Fiancé just got a job today, so I will have his first pay stub and probably the second by the time of my interview. I was worried. But did you file negative in tax last year?

The embassy interview primarily seeks to confirm that you are truly in love (demonstrated by your responses to questions) and that you will not be a financial burden to the people shortly after your arrival. So they are actually more interested in your future earnings rather than your past. And so if the income is over the 1.5 x poverty limit then all is fine. The only reason that assets are of concern is for 2 reasons:

  1. If it's used to offset an income that is below the poverty limit.
  2. You need to have at least some cash to buy the plane ticket and afford some of the initial expenses related to the move and visa process.

You have the cost of the medial exam and visa embassy interview, plus it takes money to get to Manila and to stay there for about a week (or longer if you intend to fly out of Manila); a one-way plane ticket will generally be more than $1200 for most countries; and there are some fees to changing the visa status. And so it's wise for all people to carefully research all expenses and get enough money saved up to handle this.

The interviewer will at least want to make sure that you have enough cash to pay to change the status of your visa once you are married, and pay for the wedding and wedding fees, and at least have some cash for the extra expenses that are about to enter into your life simply from moving.

If you have less than $2000 in the bank then it would be wise for the Fiance to have a detailed list of where every dollar is going to be spent; have a solid budget plan and this will show the interviewer that you know where your money is going and that you know that you have enough. Show them that you are wise with the money that you have.

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Filed: AOS (apr) Country: Philippines
Timeline

Can a car be listed as an asset? and if so can it if im still paying on it? Though its almost paid off.

If you want to use your car as an asset then write down all the details of it for your Fiancee including the VIN number. Show pictures of it outside and inside. Then scan a recent Blue Book evaluation of it's value and perhaps some recent advertisements of people trying to sell their cars if this helps your case. Now you obviously need to subtract from this value any debt that remains unpaid on the vehicle (so get this remaining balance due from the lender). So your Fiancee should have: vehicle blue book value, remaining vehicle debt, and net value (which is blue book value - debt = net value).

Just add this vehicle net value to the total value of your other personal assets (e.g. gold, furniture, coin collection, electronics, etc.).

Important: if you are listing a vehicle as an asset, be sure that your Fiancee can answer this question: "If your Fiance sells his car how will he get to work?"

Edited by Mark and Melyn

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Filed: K-3 Visa Country: United Kingdom
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Can a car be listed as an asset? and if so can it if im still paying on it? Though its almost paid off.

Probably not as the vehicle is still owned by the bank.

It most likely would only be an asset if you had the pink slip

free and clear. I could be wrong though :thumbs:


I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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Filed: Country: Mexico
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Yes the $3 in assets for $1 of income works for any sponsors, including co-sponsors.

Line 11 of the I-134 would allow for limited support using phrases like this below (and they would check the "Intend" check box):

  • SUPPLEMENT LIVING EXPENSES WHEN NEEDED OR PROVIDE FREE ROOM AND BOARD IF NECESSARY.
  • SUPPLEMENT LIVING EXPENSES UP TO $200 PER MONTH (NOT TO EXCEED $1000 ANNUALLY) OR PROVIDE ROOM AND BOARD FOR $100 PER MONTH IF NECESSARY.
  • SUPPLEMENT LIVING EXPENSES UP TO $200 PER MONTH OR PROVIDE FREE ROOM AND BOARD IF NECESSARY.

But remember, the I-134 Affidavit of Support is immediately replaced with a new Affidavid of Support once you are married and file to change their visa status, and this form, the I-864 Affidavit of Support does NOT provide for specified language to limit your commitment; instead the sponsor(s) agree to provide money to the sponsored Fiancée up to the 125% level as needed without qualifiers, and the person sponsored has the legal right to sue for this support if it is refused, even after divorce; and government agencies can sue for it if this person is forced to receive benefits because you are not supporting them. You can read all about this in detail on the I-864 form, and it shows how many years this sponsorship obligation lasts.

So it's important to figure out how to qualify and the best way is without co-sponsors if possible; given the long-term commitment it may be easier and certainly less risk for your relatives/parents/friends to help you place enough money into your checking account to help you qualify. E.g. let's suppose you are just $200/month short from qualifying, so $2400 annually; $3 cash in the bank will replace $1 of income shortage, so $2400 x 3 = $7200; if your relatives/parents/friends could help you to get $7200 into your checking account just before you fill out your I-134 and I-864 documents, this allows you to qualify on your own without co-sponsors.

It is not 3 times for everyone. It is only calculated at 3 times when sponsoring for a spouse, or in the case of a K-1, the fiance(e), or minor child. Everyone else must calculate assets at 5 times, which would mean co-sponsors need 5 times for counting assets.


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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Filed: Country: Mexico
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Can a car be listed as an asset? and if so can it if im still paying on it? Though its almost paid off.

You can only use a car as an asset if it is not your only vehicle. You cannot list a car as an asset if it is your only one.

For you, and others posting in this thread, please read through the I-864 instructions: http://www.uscis.gov/files/form/i-864instr.pdf

Consulates go by the guidelines for the I-864, even when you are using the I-134 at the K-1 interview.


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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Filed: Country: Mexico
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awesome... I am in the same boat. Fiancé just got a job today, so I will have his first pay stub and probably the second by the time of my interview. I was worried. But did you file negative in tax last year?

Take the pay stubs you have, plus a letter from the employer stating position and salary to show the current income.


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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Filed: AOS (apr) Country: Philippines
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Probably not as the vehicle is still owned by the bank.

It most likely would only be an asset if you had the pink slip

free and clear. I could be wrong though :thumbs:

If the value of the vehicle is greater than the loan amount due then it is definitely an asset that can be declared. What needs to be demonstrated is that you are being realistic about your assessment. The way to do this is to take a picture showing each side of the vehicle and the interior as well; document the make, model and year of the vehicle, and it's VIN number. Then research and document the current value of the vehicle using the following FREE popular sources online:

Kelly Blue Book

NADA Guides

Both of these books are written for bankers and car dealers and so the prices listed are conservative and therefore perfectly reasonable to be used for purposes of value assessment. These online sources will show you the current value of your vehicle if it's in average condition. You will have to reduce the value for vehicles with greater than average wear and perhaps damage.

If the value of your vehicle is very near the loan amount then don't bother listing it; but if you have a net asset value of $500 or greater then certainly feel free to list this as an asset if your income is not as strong.

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Filed: Country: Mexico
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If the value of the vehicle is greater than the loan amount due then it is definitely an asset that can be declared. What needs to be demonstrated is that you are being realistic about your assessment. The way to do this is to take a picture showing each side of the vehicle and the interior as well; document the make, model and year of the vehicle, and it's VIN number. Then research and document the current value of the vehicle using the following FREE popular sources online:

Kelly Blue Book

NADA Guides

Both of these books are written for bankers and car dealers and so the prices listed are conservative and therefore perfectly reasonable to be used for purposes of value assessment. These online sources will show you the current value of your vehicle if it's in average condition. You will have to reduce the value for vehicles with greater than average wear and perhaps damage.

If the value of your vehicle is very near the loan amount then don't bother listing it; but if you have a net asset value of $500 or greater then certainly feel free to list this as an asset if your income is not as strong.

Yes, this is true. You can use the net value of a vehicle you own, BUT only if it is not your SOLE vehicle. If you only have one car, you cannot list it as an asset, even if it was completely paid off.

From the I-864 instructions: "You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."


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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Filed: AOS (apr) Country: Philippines
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The embassy interview primarily seeks to confirm that you are truly in love (demonstrated by your responses to questions) and that you will not be a financial burden to the people shortly after your arrival. So they are actually more interested in your future earnings rather than your past. And so if the income is over the 1.5 x poverty limit then all is fine.

I did not notice that I'd made a typo in my sentence quoted above; it's 1.25 x poverty limit.

here is what it says on the I-864:

"Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

I recommend reading this form and it will show you what is needed and the obligation for the sponsor (or co-sponsor).

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Filed: AOS (apr) Country: Philippines
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Yes, this is true. You can use the net value of a vehicle you own, BUT only if it is not your SOLE vehicle. If you only have one car, you cannot list it as an asset, even if it was completely paid off.

From the I-864 instructions: "You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."

Thanks for pointing that out. I learned yet another new item in this process. :D

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