Letter of Affidavit (I-134 Form) for Expat American - Is this a Show Stopper?

[averroes 0]

Hello,,

We are preparing for my partner's interview at the American Embassy in Abu Dhabi. We have applied for the K-1 Visa - I am the petitioner.

Currently, we're both still living in Dubai, UAE. I'm happy to say that my salary is very good (just below $7,000 monthly) and my work experience is well-seasoned. We are both young (28 and 30) and both have very good professional prospects.

I am also filing for all of my taxes in the US (and luckily I can file for foreign income exclusion as I make below the annual limit of $97,200). I've done job interviews in the US and feel that I can locate a job within 3 months upon arrival. My partner will find it easier to find work after he receives employment authorization - he already received numerous offers.

Finally, my savings until the interview date will be 20% short of five times the annual poverty guideline for the state of California in 2014 (which I researched is the amount of assets that one needs to keep to prove financial support). By the time we leave the UAE (we were planning two months after hopefully getting the visa - as I need to give a long notice for my employer), we will have more savings than that guideline.

Given that I don't have any income in the US at the moment, should this be a show-stopper? Will the consulate in the UAE deny my partner's visa? What documentation can I provide to overcome this challenge.

My plan was to write a cover letter that discusses my financial plan (clearly I'm the planner in this relationship), along with both of our resumes to illustrate that we are employable, and finally to attach a few of the job offers that my partner received. I was also thinking of trying to get a job offer myself in an attempt to show our employability. Is there anything else I can do?

I was assured by my friends who have had previous experience with this that all will be fine, but reading the stories here on VJ makes me a bit anxious.

I would appreciate any thoughts or relevant personal experience!

Thanks,

[Megan & Luke 93]

As far as I am aware, and from what USCIS's instructions state - you only need 125% of the poverty guideline for your expected family size (unless your state of residence is Hawaii or Alaska it follows the HHS guidelines). The only thing you need for the K-1 process is to prove you meet that requirement - be it through straight income, assets, or a combination of both. The I-134 is usually considered 'unenforceable', the document that may be scrutinized is the I-864 when you file for adjustment of status.

USCIS has a good page for the end-game income requirements - http://www.uscis.gov/i-864p (this helps determine if you make enough) it also lists the amounts for the 125%

I unfortunately can't comment on the fact that the income you make is outside of the USA already and obviously, moving back here would cease that income as you would not have a job upon arrival (possibly). Hopefully others can comment. I think a lot of it really depends on the embassy, and I'm not familiar with the UAE embassy. Some scrutinize the 125% guideline strongly and heavily weigh the 'evidence' you have - tax returns, assets, current savings, etc.

From what I've gathered in researching the income guidelines (we've just begun the waiting period between NOA1 and NOA2 and are preparing documents for his interview) it seems that savings, stocks, bonds, etc. are highly favored since they are not as tied to fluctuation as say, property or a paycheck are, and they are easily liquidated if funds are needed. I would think you're going to need bank statements from your saving and check accounts with dates opened, average balance, current balance, deposits, etc.. and if you have stocks or bonds, certificates of those, along with the tax returns you've filed for the past year or two in the US.

I hope you can get some other answers, good luck!

Edited August 5, 2014 by MeganLuke

[KayDeeCee 4,892]

Consulates often follow the I-864 guidelines, even when using the I-134 for a K-1 visa. Assets for a spouse, or fiance(e) in this case, are calculated at only 3 times, and not 5, which is around $60k for a household size of 2. It is possible to meet the requirement with assets alone. It is also possible to be asked for a co-sponsor. The CO will look at your overall situation and decide whether or not they believe the intending immigrant will become a public charge.

[BobH 17]

You currently make over $80k, your intended is also a professional, and you are sweating the poverty guidelines?

Keep in mind the interviewer is also a professional working overseas, he will understand that with international experience you are probably looking at an increase in salary moving back.

I think you are sweating a non-issue.

[KayDeeCee 4,892]

You currently make over $80k, your intended is also a professional, and you are sweating the poverty guidelines?

Keep in mind the interviewer is also a professional working overseas, he will understand that with international experience you are probably looking at an increase in salary moving back.

I think you are sweating a non-issue.

The CO won't base their decision on income that will end and not continue from the same source once they move to the US. However, if they have enough in assets(the more the better), added with the fact they are both likely to get well paying jobs once in the US, they probably will not need a co-sponsor. Some consulates are more picky about the financials than others though.

[averroes 0]

Thank you all for the responses. Really appreciate you taking the time to explain all these details.

I just don't want any surprises or to give the Embassy any reason to reject our visa. I believe I can build an argument through a covering letter that elaborates on the details of our plan.

May I ask from your knowledge and experience, which embassies are particularly more picky about this issue?

Yes, I am a general 'worrying' type, let's hope I am stressing over nothing!

[sma1488 155]

You can try asking for more information in the regional sub-forums or look here: http://www.visajourney.com/reviews/

[averroes 0]

Thank you so much sma! I can't find cases similar to ours at Abu Dhabi Embassy but they seem fair? I hope!!

Thanks!!