is the 100% poverty guidline for k-1 fiance visa really ok?

[iona.anjali 0]

Hello!

I am currently in the process of bringing my German fiance to the U.S. and have been researching like crazy to understand the entire process! Happy to have found this great resources and would love any feedback on the best way to proceed.

I am a U.S. citizen and have my own small one woman business which I started in 2015. I made under the 100% guideline for 2015 because I invested almost every cent back into the business (and self employment tax is HIGH!) For 2016 I am already close to making the 100% poverty level guideline and should exceed that by the end of the year, since there is nearly 3 months left and the business keeps growing.

Has anyone had experience with being denied because you are only slightly above the 100% level? Its the difference between what I gross yearly and what the actual net is since its a business, which is harder when self-employed. I've read in many places its best to show you are 125% to be sure but I don't think I'll manage that by the end of this year. For the new year, according to the growth, I will make this in 2017 and be able to show that when it comes to adjustment of status.

My parents own their home outright and I live here rent free, so will my fiance when he gets here, so we will not have many expenses as we get started. My partner has a little savings (around $10k) and our parents are very supportive. Once here in the U.S. my partner would work together with me which we've been preparing for, so we expect the income to double by the time we will need it.

Since my situation is not the usual - being self-employed with a small business, I am wondering if I should hire someone to help, or do it myself. I have researched so much I feel like I could do it, but we are so in love we just don't want to make any mistakes!

If anyone has experience with or advice on if this income level is ok to get the visa it would be VERY much appreciated! Thanks in advance!!

[LionessDeon 2,060]

Possibly could get you through the K1 interview but won't work for AOS.

I'd have cosponsor paperwork ready just in case.

Edited October 8, 2016 by LionessDeon

[Californiansunset 332]

I can tell you for the K1 visa process in Frankfurt that although it is nowhere mentioned on VJ, for some reason us Germans are allowed to show our own proof of assets for the K1 interview. Download the newest checklist from the Frankfurt consulate and scroll to the bottom where it says "Affdavit of Support". There it says that "K1 applicants may provide their own assets as proof; a tax-return is not required." However I don't know how much assets they would require but given the circumstance that you make a good amount of money now I would assume that with the additional 10K from your fiancé you should be fine for the consulate interview. I heard that they are not so strict in Frankfurt when it comes to that. For AOS you might not be fine though.

Edited October 8, 2016 by Californiansunset

[liefde_overzee 36]

100% is what is needed for K1 (most people present it at the interview). However, the advice of 125% is said often because that is what is required when you got through AOS.

[yuna628 9,528]

To get through the AOS process, which will need to be filed after marriage, 125% is required. Either from you and/or jointly with a joint sponsor. Remember, the immigrant will not be allowed to work in any capacity until AOS is filed (along with EAD/AP). The earliest they would be able to work is when they receive the EAD within approx. 90 days of filing. 100% is accepted by many embassies for the K1 process, but not all. Regardless of that, you will still need 125% for AOS anyway.

Edited October 8, 2016 by yuna628

[iona.anjali 0]

Wow, thank you so much for all the replies and help, it really means a lot through this stressful process! I am very confident I would be able to meet the 125% requirement by the time we get to AOS and would have a backup sponsor ready if need be. However, rather than waiting longer I was hoping to start the process right after I get my 2016 tax return, which would be ok at the 100% or a bit more. I started writing a cover letter for my packet as well, to explain that we would have no expenses and my parents would be housing us for free. Are they very strict with just this number, or open to unique situations if they can be verified?

Thank you Californiasunset for this info, this is SO HELPFUL!! I tried to find this document at the consulate website but haven't found it, do you happen to have a link for this page? I'm so happy to hear that Frankfurt is not so strict, as we were worried about this with Germany.

Thank you all again, you made my day just getting some feedback on this process! Have a great evening

[iona.anjali 0]

Ok sorry, I think I found it! ---

Proof of U.S. federal income tax returns, for the most recent tax year, are required from all U.S. citizen sponsor’s/joint sponsors.

For more information on U.S. tax filing requirements, visit: http://www.irs.gov/Individuals/InternationalTaxpayers/U.S. Citizens and Resident Aliens Abroad. K visa applicants may present their own assets as proof; a tax return is not required.

So this means he could actually get the visa *without* my tax return? If this is so, we could file even sooner! I know I'd need to still manage the 125% but this as an alternative is wonderful, as we've been waiting all this time for me to have the tax return. Is there a minimum requirement for this? He has 10k in the bank and about 5k worth of assets, but does not have a job right now so we were worried about that.

Thank you SO MUCH once again!! I am so happy to have found this forum!

[iona.anjali 0]

Another question for anyone that may know - are all K-1 visas processed in Frankfurt? My fiance lives in Munich but would very much prefer to have the interview in Frankfurt. It *looks* like it all goes through there so I've very hopeful!

Edited October 8, 2016 by iona.anjali

[Californiansunset 332]

Another question for anyone that may know - are all K-1 visas processed in Frankfurt? My fiance lives in Munich but would very much prefer to have the interview in Frankfurt. It *looks* like it all goes through there so I've very hopeful!

Yes Frankfurt is the only one that processes Family visas. I live in Berlin and we have an US embassy here too and I still had to go all the way to Frankfurt as well. I didnt mind though in hindsight. Everyone at the consulate in Frankfurt is so much nicer!

Did you make sure that you have the most current checklist? Look at the bottom right corner what it says there. I quickly googled it and looked for it but could only find the one that says 12/2015 on the bottom. I don't think much changed in the new checklist (definitely nothing about the affidavit of support) but when collecting the papers you might want have the most current one.

[Ash.1101 1,755]

100% is what is needed for K1 (most people present it at the interview). However, the advice of 125% is said often because that is what is required when you got through AOS.

Needed is a strong word.

Technically K1 is a non-immigrant visa and it's suppose to go by Visitor Visa rules, which is the 100% mark, but by NO MEANS does the CO at the interview have to accept 100% as being okay. MOST consulates will ask for a cosponsor if it's under 125%, because they know at the end of the day the next step needs that 125%.

We all on VJ generally advice going with 125% because people who try to skate by the 100% poverty line, usually don't have a cosponsor or can't get one. So we stress to them that MOST LIKELY they will be asked for a cosponsor.

Yes, the CO could be nice and just let ya through on 100%, but most of the time here on VJ, you get asked for a cosponsor if you're under 125%.

So this means he could actually get the visa *without* my tax return? If this is so, we could file even sooner! I know I'd need to still manage the 125% but this as an alternative is wonderful, as we've been waiting all this time for me to have the tax return. Is there a minimum requirement for this? He has 10k in the bank and about 5k worth of assets, but does not have a job right now so we were worried about that.

No, he can't get by without your tax return. You are the primary sponsor no matter what. Assets work like this, you have to provide enough assets to cover what ever money you DON'T make per year, and then MULTIPLY that times 3 for spouse/fiance/immediate relative, or times FIVE for all other.

So, if you don't provide any income information or tax returns, you make 0 dollars per year. He makes 0 dollars per year currently because he's not working.

Assets are calculated by subtracting the money he/you make per year CURRENTLY from the needed poverty line money.

In this case, we're going go with the 125% poverty line because that will most likely be what they're looking for. https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

For two people, you need to make 20,025 a year. He makes 0 dollars. So he would have to show he has 60,075$ in assets.

20,025 * 3

Now say he made 10,000$ a year. Then it would be 20,025 - 10,000 = 10,025 then you take the 10,025 and times it by three, so 10,025 * 3 = 30,075$.

If he made 10,000$ a year then he would need to prove he has 30,075$ in assets.

Long story short.

(Poverty line income needed) minus (Actual current income) = The difference of incomes. (The difference of incomes) times (3) = The amount of assets you need.

Again though, you'll most likely be hit with a joint sponsor. 10k in savings only covers a discrepancy of about 3-4 thousand dollars from the poverty line, and again they don't HAVE to accept the money he has.

They want to make sure he can AOS.

[A'n'L 735]

Wow, thank you so much for all the replies and help, it really means a lot through this stressful process! I am very confident I would be able to meet the 125% requirement by the time we get to AOS and would have a backup sponsor ready if need be. However, rather than waiting longer I was hoping to start the process right after I get my 2016 tax return, which would be ok at the 100% or a bit more. I started writing a cover letter for my packet as well, to explain that we would have no expenses and my parents would be housing us for free. Are they very strict with just this number, or open to unique situations if they can be verified?

Thank you Californiasunset for this info, this is SO HELPFUL!! I tried to find this document at the consulate website but haven't found it, do you happen to have a link for this page? I'm so happy to hear that Frankfurt is not so strict, as we were worried about this with Germany.

Thank you all again, you made my day just getting some feedback on this process! Have a great evening

Please realize that you do not need to send any financial paperwork with the initial K1 petition - so go ahead and send that as soon as you can. You'll only need proof if the financial eligibility at the interview, and as you've seen it can be in the form of a co-sponsor or even self-sponsored. They do only care about hard numbers though, so the explanation of living with parents etc etc. will not hold any weight.

[iona.anjali 0]

Thank you all very very much for all this help, it is a huge relief to just get answers from those with experience in this!

I have another question, if I am able to make the 125% this year, and my 2016 tax return shows this, will that be enough when we do the AOS? Will they also ask to see current bank statements or past tax years? I only have a 2015 tax return besides that, and the net was very low on it as I put all I made back the business. So if we have the 2016 tax return at 125%, plus some assets (maybe $20,000 total between the two of us) would there be a chance we still might need a co-sponsor?

Special thanks to Californiasunset - I cannot explain what a relief it was to know the interview is in Frankfurt! I read the reviews and they were all great! I will be sure to look for the current checklist before proceeding as well!

Very best wishes to everyone for a great week