221(g) for K1 visa

[Cyxs 51]

Hi all, I just had my visa interview. At the end I was given a blue form asking for proof of asset, despite making over the i134 limit. I (the beneficiary) have some savings, but my fiancée doesn't. How much is required to settle this? They never told me how much we'd need to make up in assets. 

[Wuozopo 4,293]

Write the exact words from the form 221(g) where it says what is needed.

How did you prove your fiancé makes over $20,300? 

[Cyxs 51]

Just now, Wuozopo said:

Write the exact words from the form 221(g) where it says what is needed.

How did you prove your fiancé makes over $20,300? 

"evidence of your/your sponsors personal assets (e.g bank statements, ownership of real estate, stocks and bonds, insurance policies, investments etc). To determine required assets, see instructions for Affidavit of Support under section 213A of the INA, www.uscis.gov/i-864" 

Her w2 was just under (120 below the Aos level) but we had a written letter from employer stating that she earned 26,000 a year

[AshMarty 360]

It sounds like it was up to the discretion of the interviewer.

 

It obviously would have been better if the W2 stated she made 26,000 dollars a year. Can she file her taxes for this 2017 tax year and use her 2017 w2 (hopefully it would state then she made 26,000 dollars). Its tax season so she can file at any time and have her W2 pretty quickly. 

 

Just a thought. 

 

If that doesn't work sounds like you might need to look for a co-sponsor but you would have to be prepared to do the financial sponsor again at the AOS process after marriage and its 125%.  

Edited February 13, 2018 by AshMarty

[Cyxs 51]

2 minutes ago, AshMarty said:

It sounds like it was up to the discretion of the interviewer.

 

It obviously would have been better if the W2 stated she made 26,000 dollars a year. Can she file her taxes for this 2017 tax year and use her 2017 w2 (hopefully it would state then she made 26,000 dollars). Its tax season so she can file at any time and have her W2 pretty quickly. 

 

Just a thought. 

Her w2 for 2017 shows just under. She doesn't get paid leave and took ten days off in April to come visit me

[geowrian 22,337]

The "limit" is a bare minimum requirement. The CO has discretion to determine that there is a public charge risk even if you make over that level.

Assets should be at least 3x the income level, or 3x the income level gap if using income as well.

 

What proof of assets did you provide during the interview?

So you took an employment letter stating the petitioner made $26k/year and they still issued that? That is within their discretion, but unusual for London.

[AshMarty 360]

3 minutes ago, Cyxs said:

Her w2 for 2017 shows just under. She doesn't get paid leave and took ten days off in April to come visit me

Well that would explain it. She didn't make the requirement last year. Might be time to look at a co-sponsor. It would be tough because although she is scheduled to make 26,000 dollars a year, she actually didn't make it to the threshold last year  .

 

 

Keep in mind after you marry you will have to prove financial sponsorship again but for 125% of the poverty limit. 

Edited February 13, 2018 by AshMarty

[Cyxs 51]

1 minute ago, AshMarty said:

Well that would explain it. She didn't make the requirement last year. Might be time to look at a co-sponsor. 

 

 

Keep in mind after you marry you will have to prove financial sponsorship again but for 125% of the poverty limit. 

She starts a new job next week, earning a lot more than is necessary. But the form doesn't state cosponsor, just proof of. Assets

[AshMarty 360]

3 minutes ago, Cyxs said:

She starts a new job next week, earning a lot more than is necessary. But the form doesn't state cosponsor, just proof of. Assets

You could have her work for a couple of weeks/months and use paystubs to see if that helps the case with a new employment letter. 

 

I didn't use a co-sponsor so I am not sure what the exact process is but I know many people do end up using a co-sponsor for the K1. @geowrian might be able to guide through that process also. 

 

 

Edited February 13, 2018 by AshMarty

[Cyxs 51]

10 minutes ago, geowrian said:

The "limit" is a bare minimum requirement. The CO has discretion to determine that there is a public charge risk even if you make over that level.

Assets should be at least 3x the income level, or 3x the income level gap if using income as well.

 

What proof of assets did you provide during the interview?

So you took an employment letter stating the petitioner made $26k/year and they still issued that? That is within their discretion, but unusual for London.

I did yes. No proof of assets as don't have any other than my savings, which through medical cost and visa cost hs been depleted this. Month. 

[geowrian 22,337]

A co sponsor would just submit their own I-134 + supporting evidence (pay stubs/tax return/employment letter).

 

Just now, Cyxs said:

I did yes. No proof of assets as don't have any other than my savings, which through medical cost and visa cost hs been depleted this. Month. 

Ah, okay. I'm skeptical if they would consider your assets in combination with your partner's income  anyway. London does let you self-sponsor, but it needs to be through your own funds. If your fiance has no assets, then that path isn't going to happen.

Did you provide pay stubs to show what he is currently earning (better for use than a W-2 as a W-2 shows past income)?

 

The other option is to get a co sponsor at this stage of the game.

[Cyxs 51]

1 minute ago, geowrian said:

A co sponsor would just submit their own I-134 + supporting evidence (pay stubs/tax return/employment letter).

 

Ah, okay. I'm skeptical if they would consider your assets in combination with your partner's income  anyway. London does let you self-sponsor, but it needs to be through your own funds. If your fiance has no assets, then that path isn't going to happen.

Did you provide pay stubs to show what he is currently earning (better for use than a W-2 as a W-2 shows past income)?

 

The other option is to get a co sponsor at this stage of the game.

I provided payslips aswell. The guy specifically asked me if I had my bank statements on me 

[Cyxs 51]

6 minutes ago, geowrian said:

A co sponsor would just submit their own I-134 + supporting evidence (pay stubs/tax return/employment letter).

 

Ah, okay. I'm skeptical if they would consider your assets in combination with your partner's income  anyway. London does let you self-sponsor, but it needs to be through your own funds. If your fiance has no assets, then that path isn't going to happen.

Did you provide pay stubs to show what he is currently earning (better for use than a W-2 as a W-2 shows past income)?

 

The other option is to get a co sponsor at this stage of the game.

Do you know why they didn't ask for a cosponsor on the 221g and only. Proof of assets? 

[Paul & Mallory 1,398]

You mentioned 2017 W2 reflecting just under required income due to her time off last year - what about prior W2s, for 2016 and/or 2015? My fiancé hasn't had his interview yet (it's one the 22nd), but I provided W2s for 2017 as well as 2016 and 2015. If she recently got a new job with higher pay, perhaps have a new statement/letter from her employer reflecting the new/higher salary.

[geowrian 22,337]

11 minutes ago, Cyxs said:

Do you know why they didn't ask for a cosponsor on the 221g and only. Proof of assets? 

Nobody knows why except the CO. Her income is probably just a little short for the CO's satisfaction, so he/she wants to see some assets to cover the gap. Or, if she listed her assets on the I-134, then she needs to provide evidence of those assets (i.e. bank statements or a bank letter for a savings/checking account).

They might not have asked for a co sponsor because they may believe she can meet the requirements...she just didn't provide enough/any evidence of assets to do so yet.

 

From a practical standpoint, what's the plan to be able to fly to the US, get married, obtain health insurance, and file for AOS ($1225) once in the US? Keep in mind you can't work for 4+ months. I'm assuming there's some assets lined up to cover this, so bank statements (or a bank letter) showing this can be utilized.