K1 Income Requirements Question

[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.

It is easier for the op to get a joint sponsor for the IR-CR/1 spousal visa then it would be for him to get one for the K-1 visa from the Philippines that is why the spousal visa is better not because of the income requiremnt as that is needed for both at the NVC stage

[Dave&Roza 748]

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?

No matter which route you take, you will need to meet the 125% of the poverty level either by yourself or with a co-sponsor. The difference is that the PI Embassy rares accepts a co-sponsor. They think a person should be able to meet the 125% above the poverty level by themselves inorder to issue a visa. The K-1 fiancee visa goes thru the Embassy and they require the I-134 to prove income and they have the discretion to accept a co-sponsor or not--usually not. For the IR-1/CR-1 spousal visa the NVC does the income verification and they will accept a co-sponsor. The PI Embassy just gets to issue the spousal visa once you clear all the requirements at the USCIS and NVC. The advantage of a CR-1 visa is that your wife will arrive in the US with a GC. A K-1 visa holder must file for adjustment of status (AOS) after the marriage and cannot work or re-enter the US until either they receive the EAD/AP (Employment Authorization/Asavance Parole) combo card or the GC. Spousal visa takes a bit longer than the K-1.

Good luck,

Dave

[N-o-l-a 7,168]

Your mother doesn't look like she earns enough to co-sponsor.

Your best bet might be to pick up a full time job.

[j&ana 380]

Your mother doesn't look like she earns enough to co-sponsor.

Your best bet might be to pick up a full time job.

yes but they can also you asset to help. He mention farming I do not know exactly how many acres he Is talking about Plus the house they probably have some assets they could use of course his mother will have to be the one using ever thing unless stuff was in his name

[N-o-l-a 7,168]

yes but they can also you asset to help. He mention farming I do not know exactly how many acres he Is talking about Plus the house they probably have some assets they could use of course his mother will have to be the one using ever thing unless stuff was in his name

You can't usually use a primary home/residence as an asset. I'm not sure if they can value farmland separately, but a greenhouse was mentioned, not farmland. I'm not sure there is a precedent to using farm assets separately, but my impression is that they weren't separate properties.

[j&ana 380]

r

You can't usually use a primary home/residence as an asset. I'm not sure if they can value farmland separately, but a greenhouse was mentioned, not farmland. I'm not sure there is a precedent to using farm assets separately, but my impression is that they weren't separate properties.

you are right he did mention farming but not exactly having farmland, and only asset that can be converted to cash within one year and does not pose hardship or finical loss can be use. My mistake I should of read the I-184 instructions more

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Edited January 11, 2015 by j&ana

[sevenrider860 9]

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

I believe that the timing on when the affidavit of support is required is different for the two visa types. The I-864 affidavit of support is submitted PRIOR to the interview for a CR-1 / IR-1 visa. I-134 affidavit of support is brought with the beneficiary AT THE TIME of the interview for a K-1 beneficiary. That is the basis of stating that there may be time to improve the income situation after the filing, but before the interview, for a K-1 visa application.

To the OP...

I think you have received a lot of good advice. Nobody is stating that using a cosponsor to show income for a K-1 visa will be rejected. They are stating that the Manila embassy has a track record of not approving many K-1 visas that require a cosponsor to meet the income requirements. You may be one of the ones that gets approved. Nobody here knows if that will happen or not. It is my opinion that the odds are against you getting the approval and it would be a shame to have that occur at that stage of the process.

If you get married in the Philippines and file for a CR-1/IR-1 visa, the flow of paperwork is a little different. The NVC has a better track record of approving applications that require cosponsorship to meet the income level. Nobody here knows if you will get approval or not, but there is a greater chance of that happening than following the K-1 visa path.

As you have likely read by now, this entire petition process is very subjective. People you don't know and who do not know you are making decisions on your application. Making the decision as obvious as possible is one of the goals of your application. To be honest, I think you may have a challenge on your hands. You will have 3 people in your household when your fiancee arrives and between you and your mother you make less than the requirement for a household of 3.

I wish you the best of luck and a speedy resolution to whichever path you chose to take. Please keep this group updated with your progress. It is based on the feedback from others that allow us all to get a glimpse into the decisions being made on the visas of our loved ones. If we start seeing a large number of people reporting that using a cosponsor for a K-1 visa is not a problem in Manila, then we will be able to better advise those in this situation in the future.

[SClark 0]

Thank you for all of the responses. I am just curious, since my mother and I live in the same house, am I able to declare our income as a household income?

[Hank_ 9,174]

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?

Your plan won't fly as you need $19,662 for two dependents from one person.... but .... always a but somewhere. One option to look at is getting married then you can use just about anyone for a co-sponsor and as long as they qualify the embassy will accept them.

[j&ana 380]

I believe that the timing on when the affidavit of support is required is different for the two visa types. The I-864 affidavit of support is submitted PRIOR to the interview for a CR-1 / IR-1 visa. I-134 affidavit of support is brought with the beneficiary AT THE TIME of the interview for a K-1 beneficiary. That is the basis of stating that there may be time to improve the income situation after the filing, but before the interview, for a K-1 visa application.

The timing of on when the income requirement is needed is not that much different .Both visa requires proof after USCIS approves petition. The difference is that with K-1 visa proof of income is bought to interview at embassy. Proof of income for The IR-1/CR-1 is sent to the NVC for processing. So if the income situation has not change prior to the petitions being approve for either type of visa then most likely it is not going to change enough to make a difference after the petition is approve

Edited January 12, 2015 by j&ana

[j&ana 380]

Thank you for all of the responses. I am just curious, since my mother and I live in the same house, am I able to declare our income as a household income?

for the K-1 visa no

Philippines in almost all cases do not allow joint sponsor for that visa

for IR-1/CR-1 visa no

if you could combine income and one person declares it then you or your mom will still be a dependent, and that will be three people that you will have to show that you make enough to support, which I believe is around $24,000 roughly

and looking at your post you do not make that much combine

[j&ana 380]

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?

Have you met your fiancee in person that is a requirement to meet in person within two years before of filing a petition. The reason I ask is you did not mention it and there have been people posting on this site before asking if they could file petition for a person without meeting first.

your best and maybe only option is to find a another person that will qualify to be a joint sponsor for you, go to the Philippines get married come back and file spousal visa

Edited January 12, 2015 by j&ana