Minimum income requirements

[Gzg 0]

Hi,

My fiancé and I are planning on moving to the U.S. next year and wanted to apply for a k1 fiancé visa. All the requirements shouldn't be a problem apart from the minimum income one as she is a student and will only start working once we move.

Does anybody now how this issue can be solved without a sponsor?

And if a sponsor is needed how much would that sponsor need to earn?

Also does the sponsor need to support me and my fiancé or just me?

Does the sponsor need to live in the U.S. Or is it enough to be a U.S. citizen?

I'm self employed and will start my business in the U.S. Once there if that makes any difference.

Thanks for your help.

G

[Penguin_ie 5,999]

If you do not want/ cannot get a co-sponsor, then there are three other options:

- your fiance (assuming he is the US citizen petitioner) moves first and get a job, a few months before the interview.

- He sponsors you on assets

- London is different in that they have been known to allow self-sponsorshi pif the beneficiary works, so be sure to get some advice from VJers in the UK.

How much the co-sponsor will need to make will depend on their household size (spouse, kids, other dependents). If they are single, it is a household of 2 (you and them), and they will need a minimum of about $20'000. The co-sponsor needs to be a US citizen or greencard holder and domiciled in the USA.

[Gzg 0]

Ok thanks.

So if the co-sponsor is the single mother of my fiancé she would need around 20k per year correct?

How long would she stay "reliable" for me?

Would this be the same if we would get married in the UK and apply for a spouse visa?

Anyone got a contact where I can get some informations here in London?

Thanks

G

[Nich-Nick 3,354]

Hi,

My fiancé and I are planning on moving to the U.S. next year and wanted to apply for a k1 fiancé visa. All the requirements shouldn't be a problem apart from the minimum income one as she is a student and will only start working once we move.

Does anybody now how this issue can be solved without a sponsor?

And if a sponsor is needed how much would that sponsor need to earn?

Also does the sponsor need to support me and my fiancé or just me?

Does the sponsor need to live in the U.S. Or is it enough to be a U.S. citizen?

I'm self employed and will start my business in the U.S. Once there if that makes any difference.

Thanks for your help.

G

If you both live in the UK, your best visa choice is CR1 via DCF (direct consular filing). You marry then send the spouse petition to the USCIS office in London instead of where the masses file... Chicago lockbox in the US. The petition could be approved in a month (instead of many months). Then your case moves straight to the immigrant visa section of London, instead of processing at the NVC for months in the US before going to London. A spouse visa gives the immigrant immediate permanent resident status in the US upon arrival, so he/she can work immediately. A fiancé visa requires adjustment of status once in the US and married. It's more money, more paperwork, and months of waiting to be a permanent resident, work, get a driver license. DCF will be the fastest of all to process and the better perks visa. Win-win.

Income required on this chart. A new 2015 chart may be out in Feb/Mar. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

A joint sponsor living in the US can be used. They count their household plus the immigrant when determining household size for the chart. They do not count the American who requires no sponsor to move back to the US.

You have many options. I am suggesting the best I know without wring a book on each possible option. Read the instructions for Form I-864 to get details of sponsorship and how assets can be used if the salary is short. Read them several times until it clicks. I was totally lost until I read them about three times. http://www.uscis.gov/i-864

[Gzg 0]

One more thing, I will be running my own company in the US which will probably be incorporated sometime this summer, and might start trading from then, too.

Would it be possible to employ my fiancee in my company and issue her with a proof of employment?

We want to move in March so employ her lets say in December and pay her a salary of $20k per annum?

thanks

G

[Cody and Daisy 374]

One more thing, I will be running my own company in the US which will probably be incorporated sometime this summer, and might start trading from then, too.

Would it be possible to employ my fiancee in my company and issue her with a proof of employment?

We want to move in March so employ her lets say in December and pay her a salary of $20k per annum?

thanks

G

On a k1 visa once you arrive in the states the visa is null and void. It is a one time entry visa and therefore the beneficiary tells on their I-94 for their legal presence.

That being said the beneficiary can work until that date alone if applied for an EAD.

Unfortunately an EAD takes about 3 months to process so it's a waste of time applying before AOS.

Your fiancé is not coming on another visa.

Your fiancé is not coming in on an employment visa.

Your fiancé is coming in on a k1 who's visa expires the moment they enter.

You have to apply for AOS and EAD at the same time after you are married. If it is approved then yes they can work for you.

But I believe you yourself cannot petition the EAD yourself as your fiancé is not on a work visa.

[Gzg 0]

On a k1 visa once you arrive in the states the visa is null and void. It is a one time entry visa and therefore the beneficiary tells on their I-94 for their legal presence.

That being said the beneficiary can work until that date alone if applied for an EAD.

Unfortunately an EAD takes about 3 months to process so it's a waste of time applying before AOS.

Your fiancé is not coming on another visa.

Your fiancé is not coming in on an employment visa.

Your fiancé is coming in on a k1 who's visa expires the moment they enter.

You have to apply for AOS and EAD at the same time after you are married. If it is approved then yes they can work for you.

But I believe you yourself cannot petition the EAD yourself as your fiancé is not on a work visa.

hi sorry I think there was a misunderstanding

To clarify:

She is the US citizen, but currently she is studying and has no job to meet the minimum income requirements and probably won't have a job before we apply for CR1 via DCF (direct consular filing).

But since I (EU citizen) will incorporate a company in due course of the year and the company will start trading even though I'm not in the US yet, I could employ my fiancee and pay her a salary and she can get a letter of employment confirming her salary.

Would that work?

thanks

G

[Cody and Daisy 374]

hi sorry I think there was a misunderstanding

To clarify:

She is the US citizen, but currently she is studying and has no job to meet the minimum income requirements and probably won't have a job before we apply for CR1 via DCF (direct consular filing).

But since I (EU citizen) will incorporate a company in due course of the year and the company will start trading even though I'm not in the US yet, I could employ my fiancee and pay her a salary and she can get a letter of employment confirming her salary.

Would that work?

thanks

G

Ahh! No that was my mistake. Quick reading.

No that won't work.

Income has to be provided and proved before the interview. It has to be salary currently earned, not future earnings.

also you cannot have a business in the usa after you move there. You need an EAD to work which takes three months to process.

So you won't be able to work for this company until you have your EAD in hand.

It sounds like you're trying to find a loophole which could make things a lot harder.

Get a sponsor, get her to find a job in the meantime, and worry about your business when you are legally allowed to work in the states.

[Gzg 0]

Ahh! No that was my mistake. Quick reading.

No that won't work.

Income has to be provided and proved before the interview. It has to be salary currently earned, not future earnings.

also you cannot have a business in the usa after you move there. You need an EAD to work which takes three months to process.

So you won't be able to work for this company until you have your EAD in hand.

It sounds like you're trying to find a loophole which could make things a lot harder.

Get a sponsor, get her to find a job in the meantime, and worry about your business when you are legally allowed to work in the states.

I'm not too sure about that, as I can own (be a shareholder) in a US company if I don't live in the US or without being a US citizen.

As mentioned before the company will be incorporated and will start trading this summer or early autumn, without me actually being in the US.

I will run the company from the UK also I'm not employed by the company only a shareholder.

I'm not too concerned about my EAD etc as we will do this exactly as required. And I won't be working in the US until I'm legally allowed to.

The real question is, will it be good enough to apply for CR1, if prior to the application she is employed by a US company (in this case one where I am a shareholder in)for a min period of 2-4 months and a salary is paid into her US bank account on a monthly base?

In addition the company will issue a letter of employment and an intention of keeping her on the payroll.

OR

If Coca Cola US employs her (at $20.000/year) whilst she is still living in the UK and starts paying her a salary 6 months prior to moving back to the US (1-4 months prior to CR1 application) and once she moved to the US will continue the employment, will she than qualify?

thanks

G

[Nich-Nick 3,354]

On a CR1 visa, you don't need EAD so forget those references. You will be eligible to work the day you enter the US.

I have no clue about starting a business in the US. Does that not require an entrepreneur visa for you? If you have capital to start a business, don't you have $60,000 to use assets in lieu of your wife being employed for the support problem?

Does her Mom make $20k? Will she be a joint sponsor?

[Gzg 0]

On a CR1 visa, you don't need EAD so forget those references. You will be eligible to work the day you enter the US.

I have no clue about starting a business in the US. Does that not require an entrepreneur visa for you? If you have capital to start a business, don't you have $60,000 to use assets in lieu of your wife being employed for the support problem?

Does her Mom make $20k? Will she be a joint sponsor?

Spoke to a lawyer about incorporating a business, no hassle at all I'm not seeking a Visa through investment therefore no minimums etc required. You could even do it for a few $ via the internet.

I could use her mum as a sponsor but this would be my last resort, as I don't really want to go down this rout.

So my above question is what would really be of interest.

thanks

G

[Gzg 0]

Spoke to a lawyer about incorporating a business, no hassle at all I'm not seeking a Visa through investment therefore no minimums etc required. You could even do it for a few $ via the internet.

I could use her mum as a sponsor but this would be my last resort, as I don't really want to go down this rout.

So my above question is what would really be of interest.

thanks

G

Will it be good enough to apply for CR1, if prior to the application my fiancee is employed by a US company (in this case one where I am a shareholder in) for a min period of 2-4 months and a salary is paid into her US bank account on a monthly base?

In addition the company will issue a letter of employment and an intention of keeping her on the payroll.

OR

If eg Coca Cola US employs her (at $20.000/year) whilst she is still living in the UK and starts paying her a salary 6 months prior to moving back to the US (1-4 months prior to CR1 application) and once she moved to the US will continue the employment, will she than qualify as sponsor?

thanks

G