Question about viability of using Co-Sponsor for K1 visas

[Gringuitico 4]

Howdy,

 

I am a US citizen currently living in Costa Rica (bonafide resident of a foreign country, dual citizen actually). I'm planning on applying for a K1 (fiance) visa prior to a move to the US.  

 

Background (before questions):

I have a stable, sufficient income in Costa Rica, which exceeds 125% of the US poverty line for a family of 3, but I'm paid in Costa Rica, so my AGI on my taxes shows $0, because all my income is Foreign Earned Income.  I have been lead to believe that my Costa Rica income does not qualify as income with respect to that form.  As such (I'm told), I would either need a formal job offer from the US (at a bare minimum, since I have no assets in the US, currently), or else get an affidavit of support from a 3rd party *(who DOES have US-based income).

 

Questions:

1) Can anybody here confirm whether or not this is true?

2) As it happens, I currently work for an international company that's headquartered in the US, and I have confirmed that I have the OPTION of being paid into a US account, rather than receiving my pay in Costa Rica.  I know that this would give me a valid us-based income starting ...whenever I start), but I also recognize that the history would be... complicated.  I know you're not lawyers, but... based on your experience, would you suspect that a couple pay stubs plus a letter from my employer stating my multiple years of work history with that company (and open-ended, full-time employment) would likely clear the bar of financial stability?

 

3) I read elsewhere that an affidavit of support from a 3rd party (i.e. co-sponsor) for a K1 visa may be rejected, since it's less legally enforceable by the government, vs an equivalent affidavit of support for a spouse IR1/CR1 visa, and even uses a different form.  Has anybody here had any trouble (or success) with using a co-sponsor for K1 visa?

 

Edited April 30, 2017 by Gringuitico

[Boiler 43,745]

I do not understand why you have a zero income on your US taxes.

 

If you can show that your current job and income would continue following a move to the US then the Consulate should use it.

[Gringuitico 4]

I have 2 answers to that question:

 

1) I have zero Adjusted Gross Income on my taxes because all of my income is Foreign Earned Income, which adjusts my AGI to zero (I don't earn beyond the threshold where FEI is taxed).

2) I can get a letter from my current employer that says my employment is open-ended for now, but... I don't plan to continue that job when I move.  I'd look for a different job, and wouldn't move until I had one.  

In thinking this out...loud... I'm realizing that I have a couple different paths here.  I can apply now and then have a life changing event (i.e. new job offer), or I can get the new job before applying.  The reason I'm contemplating applying BEFORE I move (or get a new job) is to get the process started, and give me more time to save up funds for the move itself (i.e. be able to pay things like plane tickets, rent, etc, for a couple months, not to mention all of the filing fees).

This is where I had previously planned to use a joint sponsor, but... since I read that this might be rejected for K1 visas, it's got me in a tizzy.

[Gringuitico 4]

let me rephrase the salary part of my question:

 

Is there any advantage to switching my pay to be US-based (starting, say, next month) so that I could start the K1 visa process now, and move later, after finding a new job.  To be clear, it's guaranteed I will NOT continue this current job after moving.

[Unlockable 7,306]

If you are not going to continue your current job when you come back to the US then there is NO justification of using it.

 

Think about. 

Edited April 30, 2017 by NuestraUnion

[geowrian 22,336]

3 minutes ago, NuestraUnion said:

If you are not going to continue your current job when you come back to the US then there is justification of using it.

 

Think about. 

I think you hit submit a little too soon...

[Unlockable 7,306]

Just now, geowrian said:

I think you hit submit a little too soon...

Sure did.  Thanks, geowrain

 

Went  back and edited.

 

OP, in my last post I was saying there is NO justification to use the current income if you will no longer be working for that company after you return to the US.

 

 

[Gringuitico 4]

ok, entonces descartada esa opción.  Good to know.  Question #2 answered.

That brings me back to #1 & #3.  I believe I'm correct on #1, but... #3 has me worried.

Edited April 30, 2017 by Gringuitico

[Boiler 43,745]

I certainly am no expert on USC's and Overseas income other than it has to be declared and you can take a credit usually for foreign tax paid, part of the deal usually is that the company will pay the Accountant fees to file.