K1 Income Requirements Question

[SClark 0]

I am planning on filing a k1 visa application in the coming weeks to bring my Filipino Fiancee to the United States. I am 23 years old and just finished my college, earning a degree in network administration. While I have been able to earn income during this time, it was below the minimum amount to declare on my taxes. My mother owns a greenhouse business and I have always helped her with this to earn the income for the household. It is essentially a family business. I live in her house and we function as a family where every endeavor goes to the household as a whole. Since I finished college, I am now earning $8000-$10000 a year from my new websites, ebooks, online jobs, and selling vegetables at the farmers market, while my mother earns $11000-12000 a year from the greenhouse and a part time job. I can declare this on the end of the year taxes, but have nothing to show for 2014 or before. The problem I am worried about is the declaration of income and whether or not the embassy in Manila would accept this situation as financially fit to support my fiancee. Personally, I have everything I need to support my fiancee and earn enough money from the greenhouse business and online endeavors to keep the household financially stable. We farm 75% of the food we eat ourselves. However, the government's standards are much higher than my own in regards to income. I honestly have nothing on my tax returns since I have always let my mother declare our earnings on her taxes for the past 5 years. The household money is essentially for both of us. My mother owns the house where I live and she will welcome my fiancee into the home with open arms. We don't have to pay rent. I really love my fiancee and would do anything to get her to the US. Is there any way that I could present this situation to the embassy where that would accept it as financially suitable to take care of my fiancee? Would an affidavit of support from my mother along with my income reports for 2015 suffice? I also have a friend who is willing to sign an affidavit of support as well. Could I send two affidavits of support?

Edited January 11, 2015 by SClark

[NikLR 13,232]

You need to make 125% above the poverty line as shown by the poverty guideline to support your spouse. The K1 uses an I-134. The poverty guidelines are found here: http://www.uscis.gov/i-864p and change every year.

Manila does not accept co-sponsors for K1 petitions. They DO accept joint sponsors (using the I-864) for spousal petitions.

Just something to think about.

Edited January 11, 2015 by NLR

[Tim/Mav 305]

NLR has gave a good suggestion with filing a CR1. You must remember that even filing a K-1 spousal petition that no income requirements are asked with that petition. You have time to change your financial situation up to the interview. Honestly, you will fail the interview based upon the post you made at this time. That can change and up to you. If you don't foresee in the next year and boost of income to get your fiancée here then get married and use a joint sponsor such as your mother. Your chances are most better being married if you don't see a big change of personal income. Now, you have a choice young man. Return to the Philippines and Marry or file the 129-F here. I hope this sorts it out some. Good Luck! Tim/Mav

[j&ana 380]

NLR has gave a good suggestion with filing a CR1. You must remember that even filing a K-1 spousal petition that no income requirements are asked with that petition. You have time to change your financial situation up to the interview. Honestly, you will fail the interview based upon the post you made at this time. That can change and up to you. If you don't foresee in the next year and boost of income to get your fiancée here then get married and use a joint sponsor such as your mother. Your chances are most better being married if you don't see a big change of personal income. Now, you have a choice young man. Return to the Philippines and Marry or file the 129-F here. I hope this sorts it out some. Good Luck! Tim/Mav

a k-1 visa is not a spousal visa there is a k-3 visa but that is almost obsolete the philippines do not usually allow joint sponsor on the K-1 fiance visa you could go to the philippines get married and do a Ir/cr-1spousal visa you will still have to show income but a joint sponsor could be use if needed

Edited January 11, 2015 by j&ana

[lagcol 0]

a k-1 visa is not a spousal visa there is a k-3 visa but that is almost obsolete the philippines do not usually allow joint sponsor on the K-1 fiance visa you could go to the philippines get married and do a Ir/cr-1spousal visa you will still have to show income but a joint sponsor could be use if needed

Does South Korea allow a joint sponsor on the K-1 Visa? I am a student in grad school and am planning on having my parents show their income.

[j&ana 380]

Does South Korea allow a joint sponsor on the K-1 Visa? I am a student in grad school and am planning on having my parents show their income.

yes I believe south korea does allow joint sponsor for K-1visa you could go to the south korea embassy website to be sure

[mfranklin 0]

I see that is says the K-1 visa is $265 and on the comparison chart of the finace and differnt spousal visas it states the total cost for the k-1 visa will cost $1650. Where is be difference of $1385 going toward specifically?

[Tim/Mav 305]

a k-1 visa is not a spousal visa there is a k-3 visa but that is almost obsolete the philippines do not usually allow joint sponsor on the K-1 fiance visa you could go to the philippines get married and do a Ir/cr-1spousal visa you will still have to show income but a joint sponsor could be use if needed

You seem a little confused with the question and appropriate answer here. Proof of income comes later in the process and give the Petitioner time to adjust to meet the income requirements. If it is Not likely to be able to meet K-1 requirements of 125% then a CR1 Spousal Petition is best with a Co-Sponsor. (One of these parties must meet the Income requirements alone and not combined.) Does this again help you OP.

[Tim/Mav 305]

I see that is says the K-1 visa is $265 and on the comparison chart of the finace and differnt spousal visas it states the total cost for the k-1 visa will cost $1650. Where is be difference of $1385 going toward specifically?

Our President Obama's Vacation to Hawaii and new golf clubs.

Edited January 11, 2015 by Tim/Mav

[Zedayn 486]

I see that is says the K-1 visa is $265 and on the comparison chart of the finace and differnt spousal visas it states the total cost for the k-1 visa will cost $1650. Where is be difference of $1385 going toward specifically?

The total cost on the comparison page is incorrect. The total cost for a K-1 visa is actually $1675. The reason is due to the fact that the K-1 visa application has increased in price from $240 to $265. The breakdown of the costs are:

1. I-129F petition....$340
2. K-1 visa application...$265
3. Adjustment of status.....$1070

TOTAL cost: $1675

[mfranklin 0]

Thank you

[VOL 425]

You need to make 125% above the poverty line as shown by the poverty guideline to support your spouse. The K1 uses an I-134. The poverty guidelines are found here: http://www.uscis.gov/i-864p and change every year.

Manila does not accept co-sponsors for K1 petitions. They DO accept joint sponsors (using the I-864) for spousal petitions.

Just something to think about.

Yes they do accept Co Sponsors, and it is a case by case basis

[j&ana 380]

You seem a little confused with the question and appropriate answer here. Proof of income comes later in the process and give the Petitioner time to adjust to meet the income requirements. If it is Not likely to be able to meet K-1 requirements of 125% then a CR1 Spousal Petition is best with a Co-Sponsor. (One of these parties must meet the Income requirements alone and not combined.) Does this again help you OP.

I am not confuse you wrote (You must remember that even filing a K-1 spousal petition that no income requirements are asked with that petition.) a K-1 is not a spousal visa Yes with a CR-IR visa the income comes after the I-130 petition is send in, but also with K-1 visa you do not send income requirement in with the 129-f petition .Proof of income is needed for both at the NVC stage. the difference is a spousal visa usually takes longer and adjustment of status is file later for the K-1 fiancé visa. Also if the op is in the Philippines ,they can not use a join sponsor for the K-1 visa

it seems like you are the one that is confuse

Edited January 11, 2015 by j&ana

[j&ana 380]

Yes they do accept Co Sponsors, and it is a case by case basis

it is very hard to use co sponsor there for K-1 visa. the chances of being approve with one are almost 0 percent.

[j&ana 380]

You seem a little confused with the question and appropriate answer here. Proof of income comes later in the process and give the Petitioner time to adjust to meet the income requirements. If it is Not likely to be able to meet K-1 requirements of 125% then a CR1 Spousal Petition is best with a Co-Sponsor. (One of these parties must meet the Income requirements alone and not combined.) Does this again help you OP.

getting a joint sponsor is easier for the op to get with a IR-CR spouse visa then with a k-1 visa in the Philippines that is why that visa is better, not because the income filing comes later. Income are needed for both at the NVC stage of the process