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Adn1226

Income requirement - complicated situation

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Hello everyone!

So my fiancé and I have started the k1 visa process and sent in our application. I'm looking at the next steps and the income requirement may be a little complicated for us.

I'm the sponsor, a pharmacist from the US but currently am living with my fiancé in Australia. I'm currently working as a pharmacist in Oz making income well above the 125% poverty level.

From what i've seen, the income requirement is 125% above the poverty line and the evidence is based on last year's income tax (2013). But i've also seen on these forums that I need to be holding a job (in the States?) at the time of submission for the income evidence -- here lies the problem.

My income tax from 2013 is sufficient for the income requirement BUT since i'll be moving back to the States near the time the K1 visa will be approved --- i'll still be working IN OZ until then... and once i move back to the States I expect it'll take me some time to find a full time job.

So in summary my questions are:

1. Do I need to hold a job IN THE US at the time I submit the income paperwork?

2. If yes to question no 1, then do I need a co-sponsor?

Hope that wasn't too confusing, thanks in advance!

ADN

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Sorry, I'm not familiar with Oz. Is it an American company? Are you paying US taxes? Do you have any assets in USA? If not, then yes, you will need a co-sponsor.


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Nope I work for an Australian chemist but will be paying US taxes as i'm required to declare any income. I have both an Oz and US bank account with money in both.

I guess the big question is what exactly is required as proof of income to meet the 125% poverty level?

Thanks!

ADN

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You need current and ongoing income- ie money you will get when in the USA with your fiance/ then-wife. Thus, your salary from Australia does not count, and you will need to sponsor on assets or get a co-sponsor.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I was unemployed (laid off prior to the interview) at the time of the interview.

I had several freelance clients, and an offer for employment in which I would be picking up as soon as I returned to the US (I was in Argentina at the time).

They're interested in your current and past income, at the time you file. I would recommend applying for jobs in the US with your experience in OZ (which as an FYI to one poster, is a term they use for Australia versus AU which can also mean Austria). Try and have a job offer in hand before the interview. Also have your parents prepare the Co-Sponsor paperwork just in case you need it. At the time of the interview is likely when they'll be inquiring as to your income to provide for your fiance in the US.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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We are in a similar situation. Both living abroad, zero US income (which is what they care about). We are getting a co-sponsor since we'll need one anyway for AOS and the i-864. And from what I can tell, even if I did move back before the interview and get a job, people say they look at last year's tax returns, so would probably want me to have a co-sponsor anyway.

Check your regional board to see what people say whatever consulate in Australia you are going to accepts for support.


K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

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We are in a similar situation. Both living abroad, zero US income (which is what they care about). We are getting a co-sponsor since we'll need one anyway for AOS and the i-864. And from what I can tell, even if I did move back before the interview and get a job, people say they look at last year's tax returns, so would probably want me to have a co-sponsor anyway.

Check your regional board to see what people say whatever consulate in Australia you are going to accepts for support.

A letter from your current employer stating your hire date, salary/rate, position, full/part time, temp/contract/permenant, would be enough along with pay stubs.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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A letter from your current employer stating your hire date, salary/rate, position, full/part time, temp/contract/permenant, would be enough along with pay stubs.

Good to know. Thanks for the clarification!


K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

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Hello everyone!

So my fiancé and I have started the k1 visa process and sent in our application. I'm looking at the next steps and the income requirement may be a little complicated for us.

I'm the sponsor, a pharmacist from the US but currently am living with my fiancé in Australia. I'm currently working as a pharmacist in Oz making income well above the 125% poverty level.

From what i've seen, the income requirement is 125% above the poverty line and the evidence is based on last year's income tax (2013). But i've also seen on these forums that I need to be holding a job (in the States?) at the time of submission for the income evidence -- here lies the problem.

My income tax from 2013 is sufficient for the income requirement BUT since i'll be moving back to the States near the time the K1 visa will be approved --- i'll still be working IN OZ until then... and once i move back to the States I expect it'll take me some time to find a full time job.

So in summary my questions are:

1. Do I need to hold a job IN THE US at the time I submit the income paperwork?

2. If yes to question no 1, then do I need a co-sponsor?

Hope that wasn't too confusing, thanks in advance!

ADN

As far as I know, Pharmacist are in demands, and it shouldn't be too challenging to secure one in US.

You might be able to start the process before you arrive to US.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Thanks everyone! I'm still a little confused.

I know I wouldn't have a problem securing a job once I get back to the States but i'm hoping to stay in Oz as long as possible before we need to go back i.e. once our visa is approved.

IF at the time of interview i'm still in Oz working full time, would that salary be sufficient or does it have to be a US salary.

If not, for a co-sponsor, would a sibling be sufficient?

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A letter from your current employer stating your hire date, salary/rate, position, full/part time, temp/contract/permenant, would be enough along with pay stubs.

From an US employer, yes. It does not matter how much money he is making in OZ, since he won't be living there anymore.


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Thanks everyone! I'm still a little confused.

I know I wouldn't have a problem securing a job once I get back to the States but i'm hoping to stay in Oz as long as possible before we need to go back i.e. once our visa is approved.

IF at the time of interview i'm still in Oz working full time, would that salary be sufficient or does it have to be a US salary.

If not, for a co-sponsor, would a sibling be sufficient?

Must be US based salary or continuing from the same source. Generally this is not an issue for K1 since most people tend to marry abroad when both people live abroad.

Not only do you need to worry about the I-134 for the k1, but also the I-864 for the adjustment of status after marriage.

Your sibling is fine, it can be any USC or LPR who is US domiciled and makes above the poverty guidelines for themselves, their immediate family, plus the immigrant.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Thanks everyone! I'm still a little confused.

I know I wouldn't have a problem securing a job once I get back to the States but i'm hoping to stay in Oz as long as possible before we need to go back i.e. once our visa is approved.

IF at the time of interview i'm still in Oz working full time, would that salary be sufficient or does it have to be a US salary.

If not, for a co-sponsor, would a sibling be sufficient?

US salary, reason being once you move to the US, you wouldn't have your Australian income anymore to support you fiance.

Sibling works.

BTW, you might also need to prove "intent to re-establish domicile" in the US. There isn't much out there about filing from abroad for K1 but I have seen this mentioned a few times in some threads. Things like lease agreement, moving plans, driver's license, voter reg, etc.

Edited by CAMama3

K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

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Out of curiousity, why are you going for a K1 instead of getting married in Oz and getting the IR1/CR1?

It seemed like the IR1/CR1 took longer and required more evidence. I've only been living with my fiancé for the past 8 months in Australia so we don't have many joint things to declare.

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