K1 visa income requirements please help

[asls 29]

Hello to everyone, I would like to thank you for being what you are. It has helped me so much in the process of applying, and I'm still gathering documents, but I have one question.

The situation is as follows.

My fiancee lives with her Mother and her brother. I plan to go there and live with them(for few months). My fiancee makes 22.000 per year, before taxes, and I've read here that the gross income is before taxes.

However, what confuses me is the household members. My fiancee is not supporting anyone, her mom supports her brother, so does she need to make the requirements for a household of 2(my fiance and me) or of 4 ? She is not a dependent of her mom either(well, she does live at her house, and pays no rent), cause she is over 20, and not studying, but i mean her mom can't use her for her tax refund.

Edited December 29, 2015 by asls

[Chris and ZhiJia 146]

Her household is based on her tax filings, if she does not claim her mother or brother on her taxes, then the income level will be you and her (2, not 4). They don't care about if she helps to pay her mothers bills, or helps to pay her brothers bills, but rather who she is claiming on her tax returns.

[asls 29]

Ok, she doesn't use them. We want to apply in January.

Another thing i forgot to mention is that my fiancee started a new job this year in April.

Before that, that is until March 2015, she worked at another company where she got paid around 20.500-21.000 yearly. She worked there from July 2014 to April 2015. I'm not sure if her past work experience before this is relevant ? She did work at another company for over 2 years.

Is this a problem ? To calculate her earnings from her previous work and from the one now so we combine it for one year ? And how do we do this, by tax return ? I mean do we need a proof for this, and what kind ?

By the way, her mother makes around 59.000$ a year. Should we use her a joint-sponsor. That way it would be i guess the 4 of us, and the minimum requirement is around 37.000$, this way it would be like almost 80.000$ of combined income. Please advise me , thank you.

[vanityfair 4]

Just a heads up, when relying on a cosponsor, their entire income must be able to accommodate 125% above the poverty line (which diffrs based on how many dependencies are listed on their tax returns). Meaning you are not able to combine income between the sponsor and cosponsor. Either the sponsor makes enough above the poverty line or the cosponsor makes enough to accommodate for it.

[asls 29]

Thank you vanity.

I would like to add one more question, in addition to my previous one.

The poverty guidelines indicate that $19,912 is the minimum for 2 members. However, if we apply in January 2016 and i read that these guidelines change in March 2016, will we need to meet the poverty guidelines from the month of January when they were still $19,912 or from the month of whenever we have the interview ?

I also read that the minimum income for k1 interview can be 100%, but from members here I've found out that it's much better to meet the 125% amount.

Also, can you please tell me how can I find out if my country allows co-sponsors ?

Edited December 29, 2015 by asls

[Chris and ZhiJia 146]

Thank you vanity.

I would like to add one more question, in addition to my previous one.

The poverty guidelines indicate that $19,912 is the minimum for 2 members. However, if we apply in January 2016 and i read that these guidelines change in March 2016, will we need to meet the poverty guidelines from the month of January when they were still $19,912 or from the month of whenever we have the interview ?

I also read that the minimum income for k1 interview can be 100%, but from members here I've found out that it's much better to meet the 125% amount.

Also, can you please tell me how can I find out if my country allows co-sponsors ?

You will need to meet the poverty requirements of whatever it is at the time you will submit packet 3, your income does not get submitted with the paperwork, it is provided with Packet 3. If you have not applied yet, it is very safe to assume you will need to plan to meet the poverty guidelines of 2016

Edited December 29, 2015 by Chris.M

[tarzan31 27]

Thank you vanity.

I would like to add one more question, in addition to my previous one.

The poverty guidelines indicate that $19,912 is the minimum for 2 members. However, if we apply in January 2016 and i read that these guidelines change in March 2016, will we need to meet the poverty guidelines from the month of January when they were still $19,912 or from the month of whenever we have the interview ?

I also read that the minimum income for k1 interview can be 100%, but from members here I've found out that it's much better to meet the 125% amount.

Also, can you please tell me how can I find out if my country allows co-sponsors ?

I-134 for K-1 application and interview is 100%. AOS after marriage requires I-864 which is 125%. 100% for 2016 is at $15,930.00 for a family of two. Go to travel docs for your country, see if there is a live support online button at the bottom of the page, message and ask if co-sponsors are allowed on a K-1. Or look here on VJ to see if your country has their own forum and look at posts from other users from your country.

[tarzan31 27]

Ok, she doesn't use them. We want to apply in January.

Another thing i forgot to mention is that my fiancee started a new job this year in April.

Before that, that is until March 2015, she worked at another company where she got paid around 20.500-21.000 yearly. She worked there from July 2014 to April 2015. I'm not sure if her past work experience before this is relevant ? She did work at another company for over 2 years.

Is this a problem ? To calculate her earnings from her previous work and from the one now so we combine it for one year ? And how do we do this, by tax return ? I mean do we need a proof for this, and what kind ?

By the way, her mother makes around 59.000$ a year. Should we use her a joint-sponsor. That way it would be i guess the 4 of us, and the minimum requirement is around 37.000$, this way it would be like almost 80.000$ of combined income. Please advise me , thank you.

She will submit three years income tax returns. Also, current paystubs and letter from employer. She appears to be well above the limit and therefore, should not require a co -sponsor. She could provide you with co sponsor information and documentation as well. When you submit your package prior to interview, if they RFE for not enough income, then you can forward the co sponsor information. You have to submit either tax transcripts or copies of the full tax return.

[Anh map 2,098]

I-134 for K-1 application and interview is 100%. AOS after marriage requires I-864 which is 125%. 100% for 2016 is at $15,930.00 for a family of two. Go to travel docs for your country, see if there is a live support online button at the bottom of the page, message and ask if co-sponsors are allowed on a K-1. Or look here on VJ to see if your country has their own forum and look at posts from other users from your country.

Most embassies/consulates treat an I-134 supporting a K1 petition as if it were an immigrant petition using the I-864 since the beneficiary will have to adjust status after US entry and marriage. This means that typically they will expect an income that is at least 125% of the poverty guideline.

[asls 29]

"Go to travel docs for your country," I don't know where to find this ? My country is Montenegro, but my interview will be at the American embassy in Belgrade, Serbia.

Also, do I need to submit tax information(i mean my fiancee) for last 3 years ? or just last one year ? I was under the impression it was one year only.

[asls 29]

Does it matter how much she earned in 2013 and 2014 , as much as in 2015? I mean do they want all 3 past years to be well over 22.000, or above the minimumpoverty line.

[Anh map 2,098]

Current and continuing income is what is evaluated. If a sponsor is self employed then the earning shown on line 22 of the most recent tax year's form 1040 are used.

Where are you interviewing? Some embassies/consulates are tougher on the income than others.

[asls 29]

I'm interviewing in Belgrade, Serbia. Oh, I haven't yet sent the documents, but I just want to prepare in advance. So will it be ok to send tax info about year 2014 and 2015 at the interview ? Or is more better ?

Can anyone tell me if this embassy allows for joint sponsors ? I've read here that someone(from Montenegro, since we interview in Belgrade) wanted to bring their fiance to U.S. and she used her father as a joint sponsor.

Also, does it matter how much money we(my fiance and I) have in the bank account at the time of applying/interviewing ? Can this help the minimum requirement for income ?

Can anyone advise me if it's better to use her mother since her total income is well above the minimum required income? And since she doesn't claim her daughter in her tax refunds, does she need to meet the requirements for 3 persons(me, her son, and herself) or for all four of us?

Edited December 30, 2015 by asls

[Naejh 0]

I'd like to add a question that also relates to the Affidavit of Support. Our CEAC status recently changed to 'Ready" and my fiancé is currently waiting on Packet 3 but I am confused about which Affidavit of Support form he should bring to his interview in Paris. I was under the impression that it was I-134 (listed on the K-1 Guide and the US Embassy Paris page), so that is what I gave him. However, in the CEAC pop-up box it listed a website to see how to prepare for the interview. I followed the link and selected Paris and was given this page: http://travel.state....RS - Paris.pdf'

According to this, it is asking for I-864...

"In addition to what is required for each visa applicant, the following items are also required for all visa types, except employment-based visas:
 Form 1-864, Affidavit of Support Your petitioning relative in the United States must complete Form I-864, Affidavit of Support (and, if applicable, form I-864A, Contract Between Sponsor and Household Member) on your behalf and provide supporting evidence proving that you and members of your family who immigrate to the U.S. are not likely to become public charges in the United States.
Form I-864 can be downloaded online at www.uscis.gov "I-864" and www.uscis.gov "I-864A".

Can somebody clarify which one needs to be brought to the interview? According to this document it is the I-864 but it came as a surprise since I thought it was the I-134.

Thank you!

[tarzan31 27]

Most embassies/consulates treat an I-134 supporting a K1 petition as if it were an immigrant petition using the I-864 since the beneficiary will have to adjust status after US entry and marriage. This means that typically they will expect an income that is at least 125% of the poverty guideline.

http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

Not sure when you went through the K-1 process, but for the foreign embassy interview, the I-134 is the required form.

They CAN NOT require a co sponsor if the income meets 100%.

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.