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Filed: Timeline
Posted (edited)

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 by asls

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

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.

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
Filed: Timeline
Posted

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.

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: K-1 Visa Country: South Korea
Timeline
Posted

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.

Filed: Timeline
Posted (edited)

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 by asls

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted (edited)

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 by Chris.M

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
Filed: K-1 Visa Country: Guatemala
Timeline
Posted

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.

Filed: K-1 Visa Country: Guatemala
Timeline
Posted

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.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

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.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

"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.

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: Timeline
Posted

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.

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

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.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted (edited)

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 by asls

California

NOA1 - 19/01/2016

NOA2 approved - 22/03/2016

NVC status - READY - 20/04, 2016

Filed: Timeline
Posted

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!

Filed: K-1 Visa Country: Guatemala
Timeline
Posted

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.

 
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