Question about the proof of affidavit and traveling in the process of a K1

[Dutch88 27]

Hello everyone this is my first post here. Im a 27 year old male from the Netherlands and I recently got engaged with my American girl. I flew to Seattle in march and spend two months with her, meeting her family and friends and then she flew back with me and met mine. She flew back a few days ago and it was very hard for us to deal with the emotions of not seeing each other for a while. We wanna start the K1 process as soon as possible but we like to be really advised beforehand so we don't make any mistakes.

First of all I have a question about the proof of affidavit. From which year do you need to show your income? Is that with or without taxes? My fiance earns enough money for the proof of affidavit but she is a surgical tech with a traveling position would that be a problem? That means she doesn't have a steady contract with one hospital but she travels around the US working in different locations. So she could be working for example 3 months and then 2 months of nothing. In case we need a co-sponsor how does this work exactly? Her mom, dad and sister make use of medicaid. Her dad is retired.

I consulted the uscis.gov website but since English is not my main language its hard for me to understand everything properly without googling. What is required of the co-sponsor? If we get married and get a joint banking account and i deposit my savings on there and her savings, would that count as an asset and how much does that need to be?

I understood that the proof of affidavit is not neccesary yet for the I-129F but we like to have things sorted out before we start the process, since we have to apply for adjustment of status immediately after we marry right?

My second question is am I allowed to travel with a waiver visa during the K1 process? Her cousin is getting married in december and I'd like to be there. Or would I be considered an immigration risk?

Thanks in advance!

[Dutch88 27]

One more question, if the co-sponsor is part of the same household do they look at the total income of that household? So if all incomes combined are above the 125% poverty rate is that enough?

[mmorgan14 3]

Hopefully someone else can help you out with the financial Affidavit of Support questions. I haven't quite gotten to that part of my K1 yet.

But I can tell you that yes, you can travel to the US on your waiver during the K1 process. After doing the long distance thing with my Dutch (now) fiancé, we thought that applying for a regular travel visa would lessen the risk of him being told he was "abusing his waiver" at customs and have him sent back. But he was denied the travel visa because they felt he was too much of a flight risk and that he and I would try to beat the system and just get hitched in the US. They said he didn't have enough "ties" to his country. Ugh....so stupid. Having been denied the visa, he could no longer use the visa waiver and couldn't visit me in the US anymore. Hence...we quickly got engaged and started the K1 process.

Long explanation, sorry, but bottom line is yes, you can travel here on your waiver. Just be sure to follow the restrictions accordingly and don't cut it too close with the duration of your visit. I'd also recommend keeping your answers short and to the point when going through customs. Just tell them you're visiting friends. Saying you're visiting your fiancé may throw up red flags.

[Dutch88 27]

Thank you, id have to really look into it. I dont really wanna lie and get caught later and ruin everything.

I have another affidavit question I hope someone can answer them.

Ive been reading up about how a household size is calculated. As far as I understand, if she is not on her parents tax returns as a dependent she is not "part of the household" right? So she would only need to show proof of support for 2 people (me and her)? Even if she officially still lives at home. Because someone can be a dependent and not physically live in the same house but still be considered part of the household.

Edited June 22, 2015 by Dutch88

[Dutch88 27]

Anyone?

[Cody and Daisy 373]

I can answer two points.

1- you cannot combine incomes even if it's within the same home. Either your fiancé OR the sponsor has to earn 125% by themselves.

2- you're correct in thinking your fiancé would only have to sponsor you both. Even though living with others, it only counts those that are financial dependent on the petitioner or sponsor.

- I don't know all the ins and out specific to your finances line of work. I do know that they look at the last 3 years of tax returns.

But current income is most important.

This will give you the basics- http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Edited June 23, 2015 by Cody and Daisy

[sandra3711 52]

The swedish embassy only asks for the most recent tax return, so you might want to directly ask your local embassy what kind of proof they require along with your I-134. Also, it's gross income, so her yearly income before taxes!

[baron555 934]

First of all I have a question about the proof of affidavit. From which year do you need to show your income?

Current income.

Is that with or without taxes?

Gross income, before taxes.

My fiance earns enough money for the proof of affidavit but she is a surgical tech with a traveling position would that be a problem?

No, annual income is key.

That means she doesn't have a steady contract with one hospital but she travels around the US working in different locations. So she could be working for example 3 months and then 2 months of nothing.

If her annual income is sufficient, then all is good.

In case we need a co-sponsor how does this work exactly? Her mom, dad and sister make use of medicaid. Her dad is retired.

Any USC can be a cosponsor, doesn't need to be a relative.

I consulted the uscis.gov website but since English is not my main language its hard for me to understand everything properly without googling. What is required of the co-sponsor?

The petitioner and the cosponsor both fill out the 134 forms and attach the necessary documentation.

If we get married and get a joint banking account and i deposit my savings on there and her savings, would that count as an asset and how much does that need to be?

It can but only 30% of the total is used.

I understood that the proof of affidavit is not neccesary yet for the I-129F but we like to have things sorted out before we start the process, since we have to apply for adjustment of status immediately after we marry right?

Correct. Read the Guides for both the K-1 and AOS.

My second question is am I allowed to travel with a waiver visa during the K1 process?

Yes

Her cousin is getting married in december and I'd like to be there. Or would I be considered an immigration risk?

May be, everything is subject to CBP at entry to the US. Many have traveled and some have been turned away.

[Dutch88 27]

Thank you very much!

My fiance earns enough money for the proof of affidavit but she is a surgical tech with a traveling position would that be a problem?

No, annual income is key.

While reading about the affidavit of support i read this on the .gov website.

You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment.

How do you prove proof of employement with a travel job that works with seperate contracts?

[Dutch88 27]

Thank you very much!

While reading about the affidavit of support i read this on the .gov website.

How do you prove proof of employement with a travel job that works with seperate contracts?

Anyone? Will her contract with the travel company be enough proof?

[NigeriaorBust 4,087]

The best proof would be the part of her contract that states how long it is for ( it is yearly , quarterly or on going with no end ) and what her payment structure is, If she can access the history of her hours ( maybe a payroll history ) that will also help. Embassies like tax transcripts, these take a little while to get because the turned off the online delivery due to fraudsters