K1 Visa Proof of Income, need advisement.

[Hank_ 9,173]

2 minutes ago, IheartAsia said:

Alright, I appreciate it bud! That sux because self-employment is going good, but love comes first.

 

You can file taxes as self-employed ... but I know where you are coming from with this. 

 

[Sagot 1,548]

1 hour ago, Hank_ said:

You need to have 125% income per the  I-864P guidelines for the number of people that are dependents and so will be  

https://www.uscis.gov/i-864p

 

Bank deposit will not be considered, only income.

 

If you are open to completing the spousal visa IR/CR-1 visa, that is the best route as the embassy is required to accept any qualified co-sponsor - this would remove the finance issues. 

 

Embassy requires 125% if the poverty guidelines listed on the I-864P, which currently is $22,025 for two people

 

The embassy accepting a co-sponsor is at the embassy's discretion with the K-1, but with immigrant visas they are required to accept a qualified co-sponsor.

[IheartAsia 8]

3 minutes ago, Hank_ said:

 

You can file taxes as self-employed ... but I know where you are coming from with this. 

 

I do intend to, but I plan to send in the petition by next month so that wouldn't help much would it?

[JimJesDuma 472]

Hello IheartAsia, welcome to the forum,

My ex-fiancee had copies of my tax returns, bank statements, pay stubs, W-2's, Proof of employment and the Embassy in Manila asked for none of it.

Having said that there will be a time later in the process if she gets here where you will need to prove support.

 

https://www.uscis.gov/i-864

 

The adjustment of status phase.

In the past people would bring foreigners here and marry them and the sponsor was jobless so now they have 2 mouths to feed or more if they bring kids and end up on the government dole.

That is the reason for the affidavit of support.

 

We have the right to get married but not the right to have other peoples tax dollars pay for our love.

 

Another thing is you mentioned having the process done in about a year.

If you file K-1 when you come back from your trip it will only take about 4 months on average for her visa to be issued.

This time frame has crept up a bit lately but just something to keep in mind.

Good luck

 

Jim

[Hank_ 9,173]

4 hours ago, IheartAsia said:

I do intend to, but I plan to send in the petition by next month so that wouldn't help much would it?

 

Petition process is 3-5 months, usually closer to 3 lately with CSC, TSC is slower.

 

There is another month for the case file to move from USCIS to NVC to get your MNL#.

 

Once dealing with the process in the Philippines things can be done in 4-6 weeks from getting your MNL#, or up to a year if you drag feet.

 

If you have a regular job during that time, but no tax return, you can get an employer letter, and copies of your  pay stubs for the interview.

 

But as repeatedly said - many times none of it is asked for. 

 

Once you get to AOS after married in the USA, USCIS .. WILL accept any qualified co-sponsor.

[IheartAsia 8]

18 hours ago, JimJesDuma said:

Hello IheartAsia, welcome to the forum,

My ex-fiancee had copies of my tax returns, bank statements, pay stubs, W-2's, Proof of employment and the Embassy in Manila asked for none of it.

Having said that there will be a time later in the process if she gets here where you will need to prove support.

 

https://www.uscis.gov/i-864

 

The adjustment of status phase.

In the past people would bring foreigners here and marry them and the sponsor was jobless so now they have 2 mouths to feed or more if they bring kids and end up on the government dole.

That is the reason for the affidavit of support.

 

We have the right to get married but not the right to have other peoples tax dollars pay for our love.

 

Another thing is you mentioned having the process done in about a year.

If you file K-1 when you come back from your trip it will only take about 4 months on average for her visa to be issued.

This time frame has crept up a bit lately but just something to keep in mind.

Good luck

 

Jim

Hello Jim,

Thanks, for the warm welcome.

4 months to get visa? That is the fastest I ever heard of a visa being issued, all other indicators seem to indicate 6-12 months.

[IheartAsia 8]

14 hours ago, Hank_ said:

 

Petition process is 3-5 months, usually closer to 3 lately with CSC, TSC is slower.

 

There is another month for the case file to move from USCIS to NVC to get your MNL#.

 

Once dealing with the process in the Philippines things can be done in 4-6 weeks from getting your MNL#, or up to a year if you drag feet.

 

If you have a regular job during that time, but no tax return, you can get an employer letter, and copies of your  pay stubs for the interview.

 

But as repeatedly said - many times none of it is asked for. 

 

Once you get to AOS after married in the USA, USCIS .. WILL accept any qualified co-sponsor.

Ok, got it, you da man!

[JimJesDuma 472]

1 minute ago, IheartAsia said:

Hello Jim,

Thanks, for the warm welcome.

4 months to get visa? That is the fastest I ever heard of a visa being issued, all other indicators seem to indicate 6-12 months.

No problem. 

Yup some folks even had it in 3 months. No promises though each case is different.

Doubtful you will be waiting anywhere close to 9-12 months.

Check the timelines of members in the October I-129F threads.

 

Jim

[Jessica V.A. 3]

1 hour ago, IheartAsia said:

Hello Jim,

Thanks, for the warm welcome.

4 months to get visa? That is the fastest I ever heard of a visa being issued, all other indicators seem to indicate 6-12 months.

Hi IheartAsia. I got my visa 3.5 months after submission of application. This was on November 2016. Good luck.

[JimJesDuma 472]

1 hour ago, Jessica V.A. said:

Hi IheartAsia. I got my visa 3.5 months after submission of application. This was on November 2016. Good luck.

Jessica maybe you can update your timeline to show NOA 1, NOA 2 and approval that would help others

 

Thanks

Jim

[IheartAsia 8]

On 1/16/2017 at 10:51 PM, Hank_ said:

You need to have 125% income per the  I-864P guidelines for the number of people that are dependents and so will be  

https://www.uscis.gov/i-864p

 

Bank deposit will not be considered, only income.

 

If you are open to completing the spousal visa IR/CR-1 visa, that is the best route as the embassy is required to accept any qualified co-sponsor - this would remove the finance issues. 

 

Embassy requires 125% if the poverty guidelines listed on the I-864P, which currently is $22,025 for two people

 

The embassy accepting a co-sponsor is at the embassy's discretion with the K-1, but with immigrant visas they are required to accept a qualified co-sponsor.

Doesn't the embassy require 100 percent and then after you marry it is 125% to accommodate for the new household size?

[Hank_ 9,173]

1 hour ago, IheartAsia said:

Doesn't the embassy require 100 percent and then after you marry it is 125% to accommodate for the new household size?

 

That is what the DOS website will state for the requirement - 100%. 

 

Reality is USEM uses 125% .. and no you will not find this in print anywhere on the embassy website.  This is information from many that have passed through the embassy before you. 

 

And yes for AOS it is 125% ..  which is why I think the embassy uses that figure as well, it would be silly to qualify a person at 100% then 3 months later they they can't meet the 125% requirement then the new wife is denied a green card.    Imagine.. logic from the government.

[dkallung 2]

On 1/16/2017 at 10:39 PM, Hank_ said:

Embassy lists the MOST RECENT TAX RETURN, even self-employment pay taxes.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form may be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You may also be asked to submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

 

Now here is the "gamble" part, since 2014 the embassy has been sporadic on asking for support evidence, many times they ask for NOTHING with the K-1.

If you go the K-1 route you can try a co-sponsor, the embassy does accept them, just not required to do so.  When they do accept a co-sponsor with the K-1 the look for a close family member, your dad would be an ideal person.    But like said this is all a gamble.

What about the NVC website where it says "If you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

• Babysitter, elderly caretaker, construction worker, handyperson, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer."

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

 

This is under the section explaining what to do if your tax returns DO NOT prove you meet the income requirements. Maybe you could become a self employed handyperson or artist?

 

I'm not sure if this would work, it's as much a question to others as it is an answer to you, but I hope it helps. To me the language seems pretty clear. ANY FURTHER INFO ON THIS IS APPRECIATED MUCH, THANKS!

[Hank_ 9,173]

1 hour ago, dkallung said:

What about the NVC website where it says "If you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

• Babysitter, elderly caretaker, construction worker, handyperson, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer."

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

 

This is under the section explaining what to do if your tax returns DO NOT prove you meet the income requirements. Maybe you could become a self employed handyperson or artist?

 

I'm not sure if this would work, it's as much a question to others as it is an answer to you, but I hope it helps. To me the language seems pretty clear. ANY FURTHER INFO ON THIS IS APPRECIATED MUCH, THANKS!

What NVC, or Department of State posts has no bearing on what the Embassy requires, embassy has their own requirements.  None of this is a point of discussion.  Income requires are 125% and even though the embassy is sporadic with asking for support evidence they do ask, there was a couple that went through just last week that the CO asked for the I-134, tax return and W2.

 

Follow the embassy instructions letter!  

 

Link to the instructions letter is have way down the page on this site:  http://visaconnection-philippines.com/index.php/2-visa-process/3-usem-k-1-visa

 

Be prepared

Edited February 11, 2017 by Hank_

[Hank_ 9,173]

Sorry... dinner was ready and I rushed.

 

Half way down the page