Income issues and upcoming I-134 form

[JennDraven 0]

I am at NOA2 and waiting for my medical on the 30th January 18. So my interview is coming up soon after which requires me to hand in the I-134 form . We didn't file a sponsor in the I-129f form. This is because my partner earns around 30k a year after tax deductions (40 hour weeks at 16p/h atleast). He started it last year and it is a permanent position. However we are growing increasingly concerned. He has December off as it is seasonal work so he filed for unemployment with a set return date (8th January). He did a week from the 8th in the warehouse for more training. However he's not worked anymore since. And it's not likely he will this week. He is still employed. But weather conditions puts restrictions on their job as it's agricultural. Can my visa be denied for this? I am very worried. I can provide bank statements as I have funds to support my move. I have around £7650 saved for the move and my partner has £2000 of my money in another investment account building interest in the USA for when I move. I am hoping to put as much of the savings together as I can to take the statement and show them I am able to fund my entire move. He is of course also giving a letter from his employer and bank account details. If we put forward all of this is this a risk? We are just in a hard situation for money due to seasonal work on his end however I have enough savings to fund my entire move. And I will be applying for a work permit as soon as possible.

[geowrian 22,336]

You don't file the I-134 with the I-129F anyway. It's only presented at the interview.

 

London actually does permit self-sponsorship, but if those are all the assets you have, you are far short of being able to do so. Assets should be 5x the required income level (although I have heard of some COs still taking the 3x level since that's the level for a spouse). The issue isn't funding the move...it's funding the life within the US for years to come since you won't qualify for most federal aid (and cannot work for 4+ months).

 

His stated income (30k after taxes) should be sufficient as-is for a household of 2. However, the CO needs to see evidence that he is currently making this much. The employment letter and tax return(s) should help show this if it's a regular event in his line of work. London COs are quite lenient with this requirement, so they may be alright with this.

 

The question is if his current income is just UC or if it's from the employer. I don't have an answer there....I think that's where showing a regular history comes in handy. COs are not unfamiliar with seasonal work.

 

From a practical sense, it does sound like there is a risk. A personal risk. You have a lot of expenses coming up (travel to the US, moving costs, wedding costs(?), costs associated with living together, AOS fees, etc.) and neither of you have a guaranteed income source right now. Just £9650 does not go very far at all. That is pretty scary, even if he expects to be back to work soon.

[JennDraven 0]

9 minutes ago, geowrian said:

You don't file the I-134 with the I-129F anyway. It's only presented at the interview.

I am aware it is at the interview. But to file a sponsor apparently thats done on the 129f form. We are not having a wedding. We are just going to a registry office. I have calculated my move costs and I will have enough to fund moving around march. Then left over to cover a few months. By then he will be fully back at work and he has a lot of overtime in warmer months. We have enough to pay for everything. But it's convincing the embassy that we do. I don't think I can add a sponsor at this stage.

 

Edit- he only started the job last year roughly around september.

Edited January 22, 2018 by JennDraven

[Wuozopo 4,290]

1 hour ago, JennDraven said:

We didn't file a sponsor in the I-129f form.

There is no sponsorship with an I-129F petition. The interview is the first place the affidavit of support will be viewed

 

1 hour ago, JennDraven said:

I have enough savings to fund my entire move. And I will be applying for a work permit as soon as possible.

Funding your move has nothing to do with supporting you. You will not be eligible to go to work for at least four months. Your plans to work have nothing to do with his affidavit of support.

 

They are looking to see if he makes enough salary at a job to support you. Most shoot for 125% of the poverty level ($20,300 if it's just two of you). London has approved 100% of the poverty level for K1s ($16,240 for two people). If his employer writes a letter stating he has a permanent position and earns an amount over $20,300 per year, then you are fine. If you wanted to supplement with savings you have to have 3 times the amount he falls short in income. So if his income was $17,300 ($3000 short), you would need 3x$3000, or $9000 in cash to cover the shortage. 

 

You said he typically earns $30,000 a year so getting an employer to state an amount over $20,300 is probably not going to be a problem. For a K1 in London that letter will be enough proof. You don't need your fiances bank statements or pay stubs for London K1 if you have a good employer letter.

[geowrian 22,336]

2 minutes ago, JennDraven said:

I am aware it is at the interview. But to file a sponsor apparently thats done on the 129f form.

A co sponsor submits an I-134 as well. All I-134s are presented at the interview. Nothing regarding financial capability is submitted with the I-129F.

 

2 minutes ago, JennDraven said:

We are not having a wedding. We are just going to a registry office. I have calculated my move costs and I will have enough to fund moving around march. Then left over to cover a few months. By then he will be fully back at work and he has a lot of overtime in warmer months. We have enough to pay for everything. But it's convincing the embassy that we do. I don't think I can add a sponsor at this stage.

Your life...just trying to pass along some concerns as I know I would be concerned in that situation. One thing going wrong and I would be up a creek.

You can add a sponsor at any time.

[JennDraven 0]

It is a hard one. Though it's only hard as he started in september, had to get a car and then has had this break. In warmer months he was doing 50-60 hour weeks most of the time. So once it picks up again he will be earning a lot more again. Our plan was for me to fund moving then he will support me until I recieve my permit to work. I just hope they see that it is just the fact it's seasonal and the abrupt start. By the time I even move he will be back doing 50-60 hour weeks again. Can you actually talk to them about it? Or is it just a case of they take it and asess.

[JennDraven 0]

14 minutes ago, geowrian said:

A co sponsor submits an I-134 as well. All I-134s are presented at the interview. Nothing regarding financial capability is submitted with the I-129F.

 

Your life...just trying to pass along some concerns as I know I would be concerned in that situation. One thing going wrong and I would be up a creek.

You can add a sponsor at any time.

How do I add a sponsor? Would you recommend adding one? (sorry just saw your comment about how to above)

Edited January 22, 2018 by JennDraven

[geowrian 22,336]

9 minutes ago, JennDraven said:

How do I add a sponsor? Would you recommend adding one? (sorry just saw your comment about how to above)

As noted above, I don't think you'll need one if you can get a satisfactory employment letter. That said, it's just a matter of finding a USC or LPR in the US, having them fill out the I-134, and providing their supporting documentation.

[JennDraven 0]

13 minutes ago, geowrian said:

As noted above, I don't think you'll need one if you can get a satisfactory employment letter. That said, it's just a matter of finding a USC or LPR in the US, having them fill out the I-134, and providing their supporting documentation.

His sister would if we needed one. But my partner doesn't really want to put down a cosponsor. But if they deny it in hoping they will allow us to put one forward.

[geowrian 22,336]

Just now, JennDraven said:

His sister would if we needed one. But my partner doesn't really want to put down a cosponsor. But if they deny it in hoping they will allow us to put one forward.

If they refused it for some reason, they would issue a 221g requesting a satisfactory I-134 or co sponsor's I-134.

[JennDraven 0]

2 minutes ago, geowrian said:

If they refused it for some reason, they would issue a 221g requesting a satisfactory I-134 or co sponsor's I-134.

That's actually a relief as we could just get her to fill one out for us no problem 

[Wuozopo 4,290]

3 hours ago, JennDraven said:

By the time I even move he will be back doing 50-60 hour weeks again. Can you actually talk to them about it? Or is it just a case of they take it and asess.

They approve on what is happening that he can prove on paper, not what might happen in the future. You take an employer letter that says he is in a job that pays $xxxxx.xx a year. If that is over $20,300 then you're in. Or take in a tax return that shows his income was over the threshold. You can talk, but if they can't see it on paper signed by his employer or filed with the IRS, then it's just talk. The form that goes with the proof is called I-134. 

Did you read my post earlier  by the way?

 

2 hours ago, JennDraven said:

How do I add a sponsor? Would you recommend adding one? (sorry just saw your comment about how to above)

Bring a form I-134 filled out by his sister if she wants to sponsor. She has to prove her income with a tax return or employer letter. If she has a husband and kids, then she needs to make more than $20,300. Get her if your fiancé can't come up with something official on paper showing he makes enough. Or wait until he can. You don't have to go interview immediately. Stall a few months until he has at least 3 months of strong paychecks to show. That is yet another way he can show income. 

[JennDraven 0]

6 hours ago, Wuozopo said:

They approve on what is happening that he can prove on paper, not what might happen in the future. You take an employer letter that says he is in a job that pays $xxxxx.xx a year. If that is over $20,300 then you're in. Or take in a tax return that shows his income was over the threshold. You can talk, but if they can't see it on paper signed by his employer or filed with the IRS, then it's just talk. The form that goes with the proof is called I-134. 

Did you read my post earlier  by the way?

I read through it all sorry forums confuse me with their layout. His employer is more than happy to write out the letter. His manager is even writing it out with him. And they're happy to give any information they need. So thankfully he can get a good letter from his employer.

[Scandi 3,987]

21 hours ago, JennDraven said:

That's actually a relief as we could just get her to fill one out for us no problem 

Also be aware that she needs to meet the poverty limit for her sized household (including the immigrant) to be able to co-sponsor.

[JennDraven 0]

2 hours ago, Scandi said:

Also be aware that she needs to meet the poverty limit for her sized household (including the immigrant) to be able to co-sponsor.

Looking at average wages for her job (Wal-Mart and a manager type role) she should meet the threshold if need be but thank you for pointing that out incase not