K-1 visa financial eligibility

[joan_greg21 0]

Hi all,

Good Day!

I just want to ask if what is the another option to meet the financial requirement of filing a k-1 visa? Im from philippines, and I heard that having a joint sponsor is not allowed in philippines. Thanks for all those who will answer my concern.

[KayDeeCee 4,904]

Your options are>

The USC petitioner meets the income requirement through income alone.

The USC petitioner meets the income requirement through income plus 3 to 5 times the the income shortcoming in assets.

The USC petitioner meets the income requirement through 3 to 5 times the income requirement in assets alone.

The USC petitioner uses a co-sponsor. They are allowed in Manila on a case by case basis.

[joan_greg21 0]

thank you for the reply, what do you mean by "the income requirement through 3 to 5 times the income requirement in assets alone."

does joint sponsor and co-sponsor is the same? And can i have an example regarding on a case that was allow in manila through joint sponsor?

[KayDeeCee 4,904]

They are relatively the same thing. There are no joint sponsors with the I-134 for a K-1 visa. They are known as a co-sponsor around here on VJ. A joint sponsor can be used later with the I-864 for AOS.

You can search for co-sponsor in Manila and find info regarding Manila and using a co-sponsor. I believe they are more acceptable when using a close relative. Someone with more experience with Manila may come along to answer you better about Manila specifics.

Also, if you cannot meet the requirement or use a co-sponsor, you can think about getting married first and filing for a spousal visa instead. That way you can use a joint sponsor with the I-864 that will be needed for the CR-1 visa.

Assets are things you own, like savings accounts, stocks, bonds and property. Assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

[hagoyz 2]

Hi, is your k1-visa already filed? are you considering to look for a job to make it to the poverty guideline? I'm from the Philippines. too, my fiance just had interview last month and my 2014 income is below the poverty guideline, but I look for a job that will do the cut and just ask for a employment letter, but on my surprise on the day of my fiance's interview they check on my tax return, tell a sarcastic comment on my income last year but never ask for my pay stubs and employment letter. But still I'm guessing it is a case to case basis, So just telling my experience on the process.. Good luck.

[Tahoma 2,298]

I find it interesting that lately the U.S. Embassy Manila appears not to be asking K-1 applicants for their petitioner's I-134, income tax return, W-2, and pay stubs. The Embassy's web site still lists those items on their interview preparation instructions for K-1 applicants, but they don't seem to be asking anyone to submit them.

So, you may have no worries in that regard. If they ask you to submit those items, of course you should do so. If I were in your shoes, I would also try to submit an I-864 from your petitioner's cosponsor, as well as the cosponsor's income tax return, W-2, and a few recent pay stubs. The Embassy accepts cosponsors for K-1ers on a case-by-case basis.

Either way, if you are approved, keep in mind that you will need to use a cosponsor when you adjust your status in the U.S. The good news is that the USCIS accepts qualified cosponsors for K-1ers who are adjusting status.

[Tahoma 2,298]

Hi, is your k1-visa already filed? are you considering to look for a job to make it to the poverty guideline? I'm from the Philippines. too, my fiance just had interview last month and my 2014 income is below the poverty guideline, but I look for a job that will do the cut and just ask for a employment letter, but on my surprise on the day of my fiance's interview they check on my tax return, tell a sarcastic comment on my income last year but never ask for my pay stubs and employment letter. But still I'm guessing it is a case to case basis, So just telling my experience on the process.. Good luck.

Are you saying that your 2014 income tax return showed an income level below 125% of the poverty level for your household size, but your projected income for 2015 was above 125% of the poverty level for your household size due to your second job? And the consular officer made a comment about your low income in 2014, yet did not check your recent pay stubs in order to see whether your projected 2015 income was above 125% of the poverty level?

Was your fiance's visa approved?

[hagoyz 2]

Are you saying that your 2014 income tax return showed an income level below 125% of the poverty level for your household size, but your projected income for 2015 was above 125% of the poverty level for your household size due to your second job? And the consular officer made a comment about your low income in 2014, yet did not check your recent pay stubs in order to see whether your projected 2015 income was above 125% of the poverty level?

Was your fiance's visa approved?

Yes, your right, but i only have one job that will make the 125% poverty guideline. Yap they check my last year's income tax return make a comment about it but never check my paystubs and employment letter. My fiance just told them that I can support him, its just that it will reflect on next year's income tax. And yes, my fiance visa is approved.

[joan_greg21 0]

I find it interesting that lately the U.S. Embassy Manila appears not to be asking K-1 applicants for their petitioner's I-134, income tax return, W-2, and pay stubs. The Embassy's web site still lists those items on their interview preparation instructions for K-1 applicants, but they don't seem to be asking anyone to submit them.

So, you may have no worries in that regard. If they ask you to submit those items, of course you should do so. If I were in your shoes, I would also try to submit an I-864 from your petitioner's cosponsor, as well as the cosponsor's income tax return, W-2, and a few recent pay stubs. The Embassy accepts cosponsors for K-1ers on a case-by-case basis.

Either way, if you are approved, keep in mind that you will need to use a cosponsor when you adjust your status in the U.S. The good news is that the USCIS accepts qualified cosponsors for K-1ers who are adjusting status.

Hi,

Thank you for the reply. May case is that Im the one who will be supposed to come in u.s and my american fiancee is the one who file a k1 visa. So, my question is, did my american fiancee allow to use a joint sponsor in order to get me and live with him in america? thank you for the reply

[Tahoma 2,298]

Hi,

Thank you for the reply. May case is that I'm the one who is supposed to come in U.S. and my american fiancé is the one who file a k1 visa. So, my question is, is my american fiancee allowed to use a joint sponsor in order to get me and live with him in america? thank you for the reply

Let's get our terminology straight: your American fiancé petitioned you through the USCIS. However, you are the one who will actually apply for a fiancée visa through the Embassy.

Your fiancé will provide you with his I-134, income tax return, W-2, paycheck stubs, and the cosponsor's documents, but it will be you who may or may not be asked to submit those documents at your interview. The Filipino pre-screener and/or the consular officer may or may not accept your fiance's cosponsor. Also, it's possible that they won't even ask for your fiance's income tax return.

Lately, the Embassy seems to have changed a lot in this regard, so it's impossible to predict what is going to happen. They don't appear to have any issues with a petitioner's low income. K-1 visa applicants whose petitioner's have a low income seem to be getting approved for a visa. However, I would recommend that you go to your interview fully prepared, including having the cosponsor's documents with you...just in case.

I hope your fiancé plans to attend your interview with you. I believe it would be helpful.

Edited November 14, 2015 by Tahoma

[joan_greg21 0]

Let's get our terminology straight: your American fiancé petitioned you through the USCIS. However, you are the one who will actually apply for a fiancée visa through the Embassy.

Your fiancé will provide you with his I-134, income tax return, W-2, paycheck stubs, and the cosponsor's documents, but it will be you who may or may not be asked to submit those documents at your interview. The Filipino pre-screener and/or the consular officer may or may not accept your fiance's cosponsor. Also, it's possible that they won't even ask for your fiance's income tax return.

Lately, the Embassy seems to have changed a lot in this regard, so it's impossible to predict what is going to happen. They don't appear to have any issues with a petitioner's low income. K-1 visa applicants whose petitioner's have a low income seem to be getting approved for a visa. However, I would recommend that you go to your interview fully prepared, including having the cosponsor's documents with you...just in case.

I hope your fiancé plans to attend your interview with you. I believe it would be helpful.

Hi,

thank you for the message. My american fiancee will apply me a k1 visa from u.s to manila. So, means the financial requirement is not a big deal if the manila consulate will interview me? and why the appearance of my fiancee is more helpful during the interview?

[Tahoma 2,298]

Hi,

thank you for the message. My american fiancee will apply me a k1 visa from u.s to manila. So, means the financial requirement is not a big deal if the manila consulate will interview me? and why the appearance of my fiancee is more helpful during the interview?

1. Your American fiancé cannot apply for a K-1 visa for you. He can only petition you. When his petition is approved, you are the one who will apply for a K-1 visa.

2. The financial requirement can be a very big deal if the consular officer requires it and decides that the financial requirements must be met. However, lately it seems that the U.S. Embassy Manila is going easy on most people in regards to the financial requirements. Does that mean they will go easy on you? No one can answer that. Yhat is why you must be prepared for everything.

3. I believe your fiancé can help you get approval if he attends your interview. First, it shows the consular officer that you have a bona fide relationship. More importantly in your case, I believe your fiancé's presence at your interview may be able to influence the consular officer in regard to his financial situation. I have seen this happen before.