k1 visa tax income

[ce2010 7]

Hello Everybody

i have a question.

i am going to file for my fiance.. im wondering for the poverty line amount of money, do they look at TOTAL INCOME (line 22 ) or ADJUSTED GROSS INCOME (line37) ????

thank you

[Hank_ 9,173]

GROSS income (not adjusted)

[ce2010 7]

Hank

your answer is between both of my questions....

[Zedayn 485]

They look at GROSS income. On your tax returns, this is listed at TOTAL INCOME on the 1040, line 22.

[ce2010 7]

another question.

i am single right now and i dont have any kids.. for powerty guidelines i need to look at househole size for 2 people right? me and my fiance ?

[KayDeeCee 4,891]

Yes, household of 2.

If you are self-employed, then you list your Total Income from line 22 of your most recent 1040. If you are an employee, then you list your current gross income and provide a letter from employer and/or recent pay stubs as proof of that income amount.

[caroliner1978 0]

Ok, I have a related question... Is this income info required to get the initial K-1? I was under the impression, that the income info wasn't asked for until the second half of the process--after the marriage, when filing for Adjustment of Status to become a Permanent Resident.

Also, once married (within the 90 days, of course), the immigrant spouse is given a temporary resident status, for 2 years, correct? Which means you have those 2 years to file for the Adjustment of Status to become a Permanent Resident? Meaning, the sponsor income info wouldn't be required until filing for that?

[KayDeeCee 4,891]

Ok, I have a related question... Is this income info required to get the initial K-1? I was under the impression, that the income info wasn't asked for until the second half of the process--after the marriage, when filing for Adjustment of Status to become a Permanent Resident.

Also, once married (within the 90 days, of course), the immigrant spouse is given a temporary resident status, for 2 years, correct? Which means you have those 2 years to file for the Adjustment of Status to become a Permanent Resident? Meaning, the sponsor income info wouldn't be required until filing for that?

The financial sponsorship documentation is not required with the first initial part of the process to get a K-1 visa, which is the I-129F petition. The second part is applying for the actual K-1 visa at the US consulate abroad. You must supply an I-134 and supporting documents for the K-1 visa interview.

Once you are in the US and married within 90 days, you will apply for adjustment of status(AOS) for permanent residency. This is a separate immigration process from the K-1 visa, and not really a second half of it. For AOS, the I-485 form requires an I-864 affidavit of support. This is a more detailed sponsorship form with stricter guidelines that must be followed and is a legally binding contract.

You will receive a conditional green card that is valid for 2 years. Within the 90 days before it expires, you will then enter another immigration process/phase, and file for removal of conditions(ROC). Once that is approved, you will receive a 10 year green card.

You should research a bit more into the whole of what your immigration journey will entail.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

[caroliner1978 0]

Ok, so KayDeeCee, you said: Once you are in the US and married within 90 days, you will apply for adjustment of status(AOS) for permanent residency.

My question is, how long after you are married can you delay starting the application for AOS for Permanent Residency?

USCIS says: Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry.

If you do marry, are you required to start the AOS to PR within that original 90 days?

[caroliner1978 0]

LOL nevermind, I found it:

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

Edited March 9, 2015 by caroliner1978

[KayDeeCee 4,891]

Ok, so KayDeeCee, you said: Once you are in the US and married within 90 days, you will apply for adjustment of status(AOS) for permanent residency.

My question is, how long after you are married can you delay starting the application for AOS for Permanent Residency?

USCIS says: Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry.

If you do marry, are you required to start the AOS to PR within that original 90 days?

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

[ce2010 7]

hello everybody again,

I just filed my taxes yesterday,

i want to ask you a question..

i own my business. so i gotta focus on line 22 of the tax form...

my income shows for this year 21.200 ... on line 22

%125 poverty line for 2 people (me and fiancee) shows 19800...

So do you think i will have a problem about sponsorship???

adddition to that amount of income i have savings and checking account balances totaling around 10 to 15000 $ also...

[usmsbow 795]

hello everybody again,

I just filed my taxes yesterday,

i want to ask you a question..

i own my business. so i gotta focus on line 22 of the tax form...

my income shows for this year 21.200 ... on line 22

%125 poverty line for 2 people (me and fiancee) shows 19800...

So do you think i will have a problem about sponsorship???

adddition to that amount of income i have savings and checking account balances totaling around 10 to 15000 $ also...

Assuming I'm understanding correctly, your income is higher than the minimum requirement- correct? You should be fine w/out a sponsor in that case. Can't hurt to add the savings info on the I-134 as more evidence, but probably not necessary either.

[KayDeeCee 4,891]

hello everybody again,

I just filed my taxes yesterday,

i want to ask you a question..

i own my business. so i gotta focus on line 22 of the tax form...

my income shows for this year 21.200 ... on line 22

%125 poverty line for 2 people (me and fiancee) shows 19800...

So do you think i will have a problem about sponsorship???

adddition to that amount of income i have savings and checking account balances totaling around 10 to 15000 $ also...

Yes, if line 22 shows you meet or beat the 125% income requirement, then you should be fine. You do not need to be a certain amount over the minimum requirement amount. You just need to be earning that much or more, which you are.

No assets needed, but you can list them anyway if you wish to. Be sure to provide proof of ownership and value of the assets if you do go ahead list them.