What exactly is proof of sufficient income

[CaroSL 68]

Hey,

we just got our NOA2, and I am trying to get everything ready soon so we can send the forms to the embassy as soon as I get packet 3.

My fiancé started his job in august. Before that he was a student for 2 years (MBA), he has been self employed for a little while in between but made no money.

His current income is above the 125% of poverty line required and I wouldn't be worried at all but for the short employment history. But is the 4 months employement history enough? Do we need a co-sponsored? What proofs can we add?

thanks in advance!

[Cathi 5,849]

who is the USC you or your fiance?

[merc0230 28]

My guess is a couple of his most recent pay stubs are all you should need.

A couple of things I have read while researching.

The consulate took someone's latest pay stub for the file.

And as I read somewhere else....if he is employed now, you should be fine. Consider if he made $75K last year, but nothing now, you would not qualify. I believe it is all dependent on what you are making now. Plus being in school for a graduate degree has to help as well (IMHO)

[Pitaya 2,577]

As has been mentioned and quoted numerous times with regard to the sufficient income proof, the VJ K-1 Guides (accessible through the "Guides" button (located at the top of the forum page) information states it best:

"5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134. See this FAQ for more tips and ueful information on the Affidavit of Support Form."

Good luck on your visa journey.

[KayDeeCee 4,902]

Hey,

we just got our NOA2, and I am trying to get everything ready soon so we can send the forms to the embassy as soon as I get packet 3.

My fiancé started his job in august. Before that he was a student for 2 years (MBA), he has been self employed for a little while in between but made no money.

His current income is above the 125% of poverty line required and I wouldn't be worried at all but for the short employment history. But is the 4 months employement history enough? Do we need a co-sponsored? What proofs can we add?

thanks in advance!

If it is well above the 125% requirement, then an explanation that he was a recent graduate along with a letter from his employer and most recent pay stubs may be enough. Sometimes the CO will want to see a co-sponsor for cases where the employment is fairly recent, and some will approve without a co-sponsor. Usually it is when you have new employment that is on the cusp of the poverty level where a co-sponsor would be a good idea. Those that have gone through the consulate in France would be better equipped to let you know if the new employment would be a problem there or not.

[Ana&Tony 1]

My fiance also was a student for the last two years(MBA) and when we spoke to a lawyer he told us that we need co-sponsor when it will be a time to go to interview, so in your case I think situation is the same...better to find co-sponsor.Good luck

[CaroSL 68]

Thanks to all for your answers! It is very helpful.

who is the USC you or your fiance?

My fiancé is the USC

As has been mentioned and quoted numerous times with regard to the sufficient income proof, the VJ K-1 Guides (accessible through the "Guides" button (located at the top of the forum page) information states it best:

"5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134. See this FAQ for more tips and ueful information on the Affidavit of Support Form."

Good luck on your visa journey.

Thank you A&B. I re-checked the section and that was usefull. I read some of the posts of the forum too before posting here (they are actually what got me worried). I know how much is needed, and I know all the members would recommend a co-sponsor if close to the 125%, even if above.

I have no concern about the 125% my only concern is: Does the date he started to work matter? If so, how much history in a job is enough?

If it is well above the 125% requirement, then an explanation that he was a recent graduate along with a letter from his employer and most recent pay stubs may be enough. Sometimes the CO will want to see a co-sponsor for cases where the employment is fairly recent, and some will approve without a co-sponsor. Usually it is when you have new employment that is on the cusp of the poverty level where a co-sponsor would be a good idea. Those that have gone through the consulate in France would be better equipped to let you know if the new employment would be a problem there or not.

Thanks, hope you are right, and I will

My fiance also was a student for the last two years(MBA) and when we spoke to a lawyer he told us that we need co-sponsor when it will be a time to go to interview, so in your case I think situation is the same...better to find co-sponsor.Good luck

Thanks Anastasia. Is your fiancé working now or is he still a MBA student?

Edited December 19, 2012 by CaroSL

[Ana&Tony 1]

Thanks Anastasia. Is your fiancé working now or is he still a MBA student?

No he is no anymore student... when it will be a time to go to interview, he will have a job, but it doesn't matter..because in last two years he had no income, in such cases there is a need in co-sponsor..even if in one of the last three years there was no income..Look for co-sponsor.

[KayDeeCee 4,902]

No he is no anymore student... when it will be a time to go to interview, he will have a job, but it doesn't matter..because in last two years he had no income, in such cases there is a need in co-sponsor..even if in one of the last three years there was no income..Look for co-sponsor.

This is not correct. You do not have to have been employed and making the 125% requirement for the last 3 years. You need to show ongoing current income that meets the requirement. You prove current income with a letter from your employer and/or recent pay stubs. If you are self-employed, then your current income will be what is on line 22 of your most recent 1040.

[Ana&Tony 1]

This is not correct. You do not have to have been employed and making the 125% requirement for the last 3 years. You need to show ongoing current income that meets the requirement. You prove current income with a letter from your employer and/or recent pay stubs. If you are self-employed, then your current income will be what is on line 22 of your most recent 1040.

Well..i won't argue.Just i know when you go to interview your fiance(e) may not have job at all by some reasons, and you need co-sponsor in this case.And if your fiance(e) has job wich answers requirement..but still during one year or more within last 3 years there was not income,officer in embassy may ask you about co-sponsor at interview.Better to prepare.

[CaroSL 68]

Thank you all!

Here is what people told me on the french forum (as suggested here I asked french people as those things might change depending on the embassy)

Someone was in exactly the same situation. The US fiancé had been studying for 2 years and started his job after he fininshed his sudies only 3 months before his french fiancée's interview. She had a co-sponsor, but the officer she had her interview with didn't take the papers. He said her fiancé was making enough and it was not necessary to ask anyone else.

So it seems that the only thing that matters is the US fiancé's income at the time of the interview (specially for K1 visa for which the tax returns are NOT a requirement (see NVC page on this)

That should reassure anyone who is in the same situation and have trouble finding a co-sponsor.

However, the best advice that was given to me was to aske someone to be a co-sponsor and to fill and sign the papers. Then, on the day of the interview, I would give just the I-134 of my fiancé (and the suppporting evidence). If the officer say I would need a co-sponsor, then I would be able to hand him/her the co-sponsor papers. If the officer don't ask for anything more, then I can destroy the co-sponsor's papers or give it back to my co-sponsor. I think this is the way to go. Better safe than sorry

Again, thanks to everyone and best of luck to all!!

[KayDeeCee 4,902]

Well..i won't argue.Just i know when you go to interview your fiance(e) may not have job at all by some reasons, and you need co-sponsor in this case.And if your fiance(e) has job wich answers requirement..but still during one year or more within last 3 years there was not income,officer in embassy may ask you about co-sponsor at interview.Better to prepare.

Not all consulates have the same requirements. Some consulates do not even accept a co-sponsor. Past income is not current annual income and as I already stated, you do not have to have reached the 125% income requirement for the last 3 years. I have only heard of a couple consulates wanting to use the income listed on the most recent tax transcript, even though they currently made enough. Most consulates want to see your most recent tax transcript, but not all consulates even ask for that. Everyone needs to submit the same things for the I-129F petition, but after the NOA2 approval, things are different from consulate to consulate and even on an individual case basis. I personally have not seen anyone's I-134 rejected because they made enough for the current year and previous 2 years but not 3 years back. If you barely made the income requirement or just below for the past 3 years and currently just barely make the cut off, then yes, if they accept co-sponsors, they may want you to have one. It is all up to the CO's discretion of whether or not they believe the beneficiary will become a public charge or not. Ongoing, stable current income is most important.

[Jeikun 65]

I think the lesson there is, if you CAN get a co-sponsor in that case, then may has well do so if it helps you sleep better at night. They won't be angry at you for having one and having not needed it. Most immigration lawyers will urge you to do a bit of what seems to be overkill "just in case". But on the flip side it seems likely it will not be necessary, so don't worry too much if getting a co sponsor is difficult.

[CaroSL 68]

I think the lesson there is, if you CAN get a co-sponsor in that case, then may has well do so if it helps you sleep better at night. They won't be angry at you for having one and having not needed it. Most immigration lawyers will urge you to do a bit of what seems to be overkill "just in case". But on the flip side it seems likely it will not be necessary, so don't worry too much if getting a co sponsor is difficult.

Exactly!