Very nervous now, need answers (Philippines)

[SteelFaithU2 3]

I made under the 125% level of income last year, but this year I'm making more income due to obtaining my CNA license and not going to school anymore (for now) and working more than 40+ hours per week. Am I likely going to be denied because I haven't had the required income for over a certain amount of time? I also have changed jobs this year due to my previous client moving to a Nursing home, and now i'm working in a Nursing home myself.

I just don't want to risk getting denied because of this issue. If it's even a decent chance of denial, my fiance and I would rather just go with the DCF visa option and get married and live together in the Philippines. I just don't want to waste any more time, money, and suffering for something that might turn out to be a big waste....

[SuperDuper! 230]

I made under the 125% level of income last year, but this year I'm making more income due to obtaining my CNA license and not going to school anymore (for now) and working more than 40+ hours per week. Am I likely going to be denied because I haven't had the required income for over a certain amount of time? I also have changed jobs this year due to my previous client moving to a Nursing home, and now i'm working in a Nursing home myself.

I just don't want to risk getting denied because of this issue. If it's even a decent chance of denial, my fiance and I would rather just go with the DCF visa option and get married and live together in the Philippines. I just don't want to waste any more time, money, and suffering for something that might turn out to be a big waste....

You are talking about 2 VERY different options. Going away to live with her vs. YOU getting 2 or 3 additional jobs to meet the 125% option.

Please tell us, what is it that you most want to do? It's up to you.

Peace.

[actob99 156]

I made under the 125% level of income last year, but this year I'm making more income due to obtaining my CNA license and not going to school anymore (for now) and working more than 40+ hours per week. Am I likely going to be denied because I haven't had the required income for over a certain amount of time? I also have changed jobs this year due to my previous client moving to a Nursing home, and now i'm working in a Nursing home myself.

I just don't want to risk getting denied because of this issue. If it's even a decent chance of denial, my fiance and I would rather just go with the DCF visa option and get married and live together in the Philippines. I just don't want to waste any more time, money, and suffering for

something that might turn out to be a big waste....

I guess more info is needed. How close were you to the cut-off last year while you were working and going to school? And if your currently in a permanent job making enough money, I think that is what mostly is required. I would absolutely have a good letter from your employer stating income, permanent job, length of time at job ect.. And if they had questions at the interview its not an automatic denial. If you've already started the process I would keep plowing forward. You're currently making enough now, diba?

[SteelFaithU2 3]

You are talking about 2 VERY different options. Going away to live with her vs. YOU getting 2 or 3 additional jobs to meet the 125% option.

When did I ever mention working 2-3 different jobs or what you're saying? I was working with the same employer since the beginning of last year, up until a couple months ago, but I lost my job there due to him having to be admitted to a Nursing Home and I couldn't care for him anymore in private home care. I'm not working at more than one job; I'm working at a nursing home, I've been there for a couple months only.

How close were you to the cut-off last year while you were working and going to school?

I'm not 100% sure of what you mean, but I made roughly 17,000 dollars last year, and I believe the 125% is about 18,000. As of January of this year, I started making income over the 125% of the poverty guidelines. Problem is, where does it say the length of time they expect you to be working and making over that 125%?

We're nearly at 6 months of waiting for our NOA2, but I don't want to get to the interview and we're denied because if income requirements. What is USCIS official statement about the length of time needed to have a sustained income exceeding 125% of the poverty guideline? If there's a good chance of denial I would rather just do the DCF visa option to have a more secure option.

Edited August 7, 2012 by SteelFaithU2

[actob99 156]

My link

Read that link, should help you out. I think your fine as it states that the USCIS looks very closely to your current income, which you have enough. There are always other options, list all assets you have will help. If they wanted more at the interview, you wouldn't necessarily get denied, might need a co-sponser(worst case scenario)..

You're so close I wouldn't worry about it, if you were to fail you already have stated your next step. Just a longer journey. Good luck..

[TnJ 131]

When did I ever mention working 2-3 different jobs or what you're saying? I was working with the same employer since the beginning of last year, up until a couple months ago, but I lost my job there due to him having to be admitted to a Nursing Home and I couldn't care for him anymore in private home care. I'm not working at more than one job; I'm working at a nursing home, I've been there for a couple months only.

I'm not 100% sure of what you mean, but I made roughly 17,000 dollars last year, and I believe the 125% is about 18,000. As of January of this year, I started making income over the 125% of the poverty guidelines. Problem is, where does it say the length of time they expect you to be working and making over that 125%?

We're nearly at 6 months of waiting for our NOA2, but I don't want to get to the interview and we're denied because if income requirements. What is USCIS official statement about the length of time needed to have a sustained income exceeding 125% of the poverty guideline? If there's a good chance of denial I would rather just do the DCF visa option to have a more secure option.

It doesn't. Taxes show stability over time, and if you were working the same job for a couple of years, the CO would have a more accurate idea of your current income estimate based on what you made for the previous year. It does not disqualify you one bit not making enough last year. Since you were a student, you have an even BETTER excuse as to why your income was low in 2011. If you make enough now, and your income is hourly, multiply that by your hours worked per week multiplied by 52 weeks for a current estimate to put on your I-134. You should have no problem providing pay stubs, letters from employers, maybe even bank statements showing your payroll deposits from January on up. Prove you are making enough now and tell them you were a student in 2011. You should be fine.

Edited August 7, 2012 by ToddnJessa

[carton025 38]

It doesn't. Taxes show stability over time, and if you were working the same job for a couple of years, the CO would have a more accurate idea of your current income estimate based on what you made for the previous year. It does not disqualify you one bit not making enough last year. Since you were a student, you have an even BETTER excuse as to why your income was low in 2011. If you make enough now, and your income is hourly, multiply that by your hours worked per week multiplied by 52 weeks for a current estimate to put on your I-134. You should have no problem providing pay stubs, letters from employers, maybe even bank statements showing your payroll deposits from January on up. Prove you are making enough now and tell them you were a student in 2011. You should be fine.

This poster offer great info. The economy and ability to earn in the US is subject to very many variables. Based on what the OP has stated, as long as he currently meets the minimum income level for the USCIS there should not be any problems. Once the OP, gal, gets to the AOS stage more "current" financial info. will be needed. Also, I will disagree, based on my education and knowledge of the immigration process that being a student offers a "BETTER excuse," because a student, typically, does not have a good plan for the future. Hence, the student status, working on a better education and change to gain better employment. Just my opinion based on my education and knowledge of the immigration process.

Regards,

Sid

[SteelFaithU2 3]

Ok, that helps me to have some confidence and peace of mind then, thank you so much! I can absolutely show my income for this entire year and show them I'm more than able to take care of myself and my fiance, and I do have my mother for a co-sponsor, but it's regrettable that the US Embassy of Manila don't accept co-sponsors for K1's.

Will they need evidence or transcripts of my schooling if I say I was in university last year? I just want to get all the required documents ready now if they will need them. Also, how many years of taxes will they want to look at?

[carton025 38]

Ok, that helps me to have some confidence and peace of mind then, thank you so much! I can absolutely show my income for this entire year and show them I'm more than able to take care of myself and my fiance, and I do have my mother for a co-sponsor, but it's regrettable that the US Embassy of Manila don't accept co-sponsors for K1's.

Will they need evidence or transcripts of my schooling if I say I was in university last year? I just want to get all the required documents ready now if they will need them. Also, how many years of taxes will they want to look at?

Here I go again, having a co-sponsor is not a problem. I offer the following from this VJ site:

the following info. is found on the VJ website here, item 2:

http://www.visajourney.com/content/support

and, it states:

Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences

posted on the newsgroup, as long as the co-sponsor has adequate income/assets.

Be aware that the co-sponsor must have enough income/assets for both your fiance, any fiance children that will

be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other

government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on

the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient.

An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on

government benefits and would not be working, even though the US fiance had two co-sponsors.

In other words, co-sponsors are "ACCEPTED" at the USA Manila embassy.

Transcripts of your schooling do not offer your ability to earn currently, or provide evidence of past earnings.

Again, based on my education, experience and knowledge of the immigration process you need to provide the documents/evidence asked for. The more you provide, the better...

As long as your documentation/evidence is directly related to what documents/evidence asked for.

Best of luck,

Sid

[TnJ 131]

Also, I will disagree, based on my education and knowledge of the immigration process that being a student offers a "BETTER excuse," because a student, typically, does not have a good plan for the future. Hence, the student status, working on a better education and change to gain better employment. Just my opinion based on my education and knowledge of the immigration process.

Regards,

Sid

I will not dispute your experience. However, in the context that I used this example, I do in fact believe it helps as others have mentioned so. In any case, I don't see how being a student "does not have a good plan for the future"? On the contrary, people go to school with future goals and employment in mind. Hence, the OP went to school, is a CNA, and makes the money they need to qualify for 125% guideline. The previous year's income is not the requirement, yet OP being a student paints a picture as to why he/she didn't work a full-time job and/or make more than $17,000. I am only trying to provide clarity for OP's concern rather than trivialize it. In fact, I am in school myself. I work full-time, and I am only in school for personal growth. This is besides the point, but it is not good to think that students don't have a good plan for the future. Nothing could be further from the truth in most cases.

Ok, that helps me to have some confidence and peace of mind then, thank you so much! I can absolutely show my income for this entire year and show them I'm more than able to take care of myself and my fiance, and I do have my mother for a co-sponsor, but it's regrettable that the US Embassy of Manila don't accept co-sponsors for K1's.

Will they need evidence or transcripts of my schooling if I say I was in university last year? I just want to get all the required documents ready now if they will need them. Also, how many years of taxes will they want to look at?

It is not a 100% guarantee that the embassy will not accept a cosponsor. It can go either way and has as evidenced by other K-1ers here. Using an immediate relative such as your mother would strengthen the chance. It would not hurt to bring along cosponsor documents just as a back up plan. However, there is no reason mentioned by you or the I-134 requirements that you would need a cosponsor. I wouldn't be too concerned with your schooling, but you could bring along your transcripts. Bring what you think would help your case. That is your focus. Your focus is on current income. Some say bring last year's tax return while others say last 3 years. I think that is more at your discretion. Again, focus on the things that prove your current income more than the past.

Edited August 7, 2012 by ToddnJessa

[carton025 38]

I will not dispute your experience. However, in the context that I used this example, I do in fact believe it helps as others have mentioned so. In any case, I don't see how being a student "does not have a good plan for the future"? On the contrary, people go to school with future goals and employment in mind. Hence, the OP went to school, is a CNA, and makes the money they need to qualify for 125% guideline. The previous year's income is not the requirement, yet OP being a student paints a picture as to why he/she didn't work a full-time job and/or make more than $17,000. I am only trying to provide clarity for OP's concern rather than trivialize it. In fact, I am in school myself. I work full-time, and I am only in school for personal growth. This is besides the point, but it is not good to think that students don't have a good plan for the future. Nothing could be further from the truth in most cases.

Ok, I will try and offer this. You are looking to purchase a new/used car and are about to graduate from college with a degree, in high demand, in the marketplace and have many job offers... You offer overwhelming documentation/evidence that you can "walk on water" in regards to your education and future employment prospects. Do you think the car company is going to be willing to sell/loan you money for a car without verifiable current income? Personal example, I have a BBA in Accounting, a BBA in Information Systems, an MBA, and 2/3rds of a MS in computer science. I get lots of pats on my back, "good job," but no guarantee of current, let alone, future income.

I will also add that you provide excellent info.

I also don't think much of "senior" members that are not willing to sign their posts - a personal peve of mine...

Regards,

Sid

[TnJ 131]

Ok, I will try and offer this. You are looking to purchase a new/used car and are about to graduate from college with a degree, in high demand, in the marketplace and have many job offers... You offer overwhelming documentation/evidence that you can "walk on water" in regards to your education and future employment prospects. Do you think the car company is going to be willing to sell/loan you money for a car without verifiable current income? Personal example, I have a BBA in Accounting, a BBA in Information Systems, an MBA, and 2/3rds of a MS in computer science. I get lots of pats on my back, "good job," but no guarantee of current, let alone, future income.

I will also add that you provide excellent info.

I also don't think much of "senior" members that are not willing to sign their posts - a personal peve of mine...

Regards,

Sid

I see what you are saying. I understand. Really, I do, but this is trivializing the situation. When I say it looks "better", I only mean it paints part of the whole picture. This is not a job interview. This is not an interview for any type of loan, credit offer, or mortgage. This is proving you have income that meets the requirement at the present time of the interview. That's it for this one step. All situations vary, but the end result is the same. Prove you make more than 125% of the poverty guideline. Thanks. I try to offer what I can through what I have learned. I am no expert by any means and have questions of my own. I don't sign my posts because it is habit as I feel I am in more of a discussion rather than writing a letter. My status is only due to the amount of posts I have made, not expertise. Sorry you don't think much of me.

[carton025 38]

I see what you are saying. I understand. Really, I do, but this is trivializing the situation. When I say it looks "better", I only mean it paints part of the whole picture. This is not a job interview. This is not an interview for any type of loan, credit offer, or mortgage. This is proving you have income that meets the requirement at the present time of the interview. That's it for this one step. All situations vary, but the end result is the same. Prove you make more than 125% of the poverty guideline. Thanks. I try to offer what I can through what I have learned. I am no expert by any means and have questions of my own. I don't sign my posts because it is habit as I feel I am in more of a discussion rather than writing a letter. My status is only due to the amount of posts I have made, not expertise. Sorry you don't think much of me.

You are a great guy! And, as an educated person I know that you speak from an educated point-of-view. To be honest, from the pissing matches that I have endured in this VJ website, I hold your opinion in "high regard."

You are correct, its not a job interview, it is the visa interview that will make you or break all of your efforts, is all that matters for the visa.

You and I, based on our personal experience(s), hold different opinions.

Can you and I just "agree" to disagree? Sorry, but I have a high respect for your opinion.

Regards,

Sid

[TnJ 131]

You are a great guy! And, as an educated person I know that you speak from an educated point-of-view. To be honest, from the pissing matches that I have endured in this VJ website, I hold your opinion in "high regard."

You are correct, its not a job interview, it is the visa interview that will make you or break all of your efforts, is all that matters for the visa.

You and I, based on our personal experience(s), hold different opinions.

Can you and I just "agree" to disagree? Sorry, but I have a high respect for your opinion.

Regards,

Sid

Sure we can! I am not one for pissing matches either, and I respect any helpful point of view I can get. That is all it comes down to, right? We are both in two very different points of our journey. I can honestly say that most of what I have learned in regard to the K-1 immigration is through studying for 3 years, while you have been experiencing it for 3 plus years so yes, I do respect what you have to say. I think we both can agree that we all need help through this, and the reason we are members here is to learn and share.

[Dana and Divine 61]

When did I ever mention working 2-3 different jobs or what you're saying? I was working with the same employer since the beginning of last year, up until a couple months ago, but I lost my job there due to him having to be admitted to a Nursing Home and I couldn't care for him anymore in private home care. I'm not working at more than one job; I'm working at a nursing home, I've been there for a couple months only.

I'm not 100% sure of what you mean, but I made roughly 17,000 dollars last year, and I believe the 125% is about 18,000. As of January of this year, I started making income over the 125% of the poverty guidelines. Problem is, where does it say the length of time they expect you to be working and making over that 125%?

We're nearly at 6 months of waiting for our NOA2, but I don't want to get to the interview and we're denied because if income requirements. What is USCIS official statement about the length of time needed to have a sustained income exceeding 125% of the poverty guideline? If there's a good chance of denial I would rather just do the DCF visa option to have a more secure option.

Did you get anyother source of income, student loans, pell grants, child support...think of anything that can be counted as income. Also, you can always write a letter and explain your income last year, you were a full time student and now you are working full time and are above the poverty level required. Give proof...letter from employer and/or all check stubs showing current income.