I134 evidence and timelines

[ScorpioSun 0]

Hi all, I've had a look around (including the USCIS site) but as with many things I've found differing advice.

 

Basically my fiancée is in California and I am in the UK, so we're gathering our stuff for her to submit the I-129 within the next few weeks.

 

The complication is that she is currently out of work. In order to meet the required income (both for the K-1 and for herself) she will likely need to be both employed and self-employed. She is getting her self-employed work underway at the moment (employment is a trickier issue as she'll be having to move to a different city at some unknown point over the next couple of months). My questions are:

 

• Am I right in thinking she will have to send me proof of her income which I will then present at my visa interview in London?
• How lenient are they likely to be given how relatively recent her income will be at that point? (Some say she'll need at least three months of the minimum required, others six, others don't say).
• Once the NOA2 comes through how much time will I have to apply & get the interview (ie. will there be any leeway to give it an extra month or so)?

 

Thanks in advance for your help.

[Ben&Zian 4,397]

32 minutes ago, ScorpioSun said:

Hi all, I've had a look around (including the USCIS site) but as with many things I've found differing advice.

 

Basically my fiancée is in California and I am in the UK, so we're gathering our stuff for her to submit the I-129 within the next few weeks.

 

The complication is that she is currently out of work. In order to meet the required income (both for the K-1 and for herself) she will likely need to be both employed and self-employed. She is getting her self-employed work underway at the moment (employment is a trickier issue as she'll be having to move to a different city at some unknown point over the next couple of months). My questions are:

 

• Am I right in thinking she will have to send me proof of her income which I will then present at my visa interview in London? - Yes she will need to send you I-134 and all supporting financial documentation
• How lenient are they likely to be given how relatively recent her income will be at that point? (Some say she'll need at least three months of the minimum required, others six, others don't say). 3-6 months worth of pay stubs/show of current income is requested. Generally they like to see 1-2 years of this consistently, each case is unique though. Honestly depending on exactly how long exactly she is going to meet the requirements, I would recommend lining up a co-sponsor. For AOS, which is 125% the poverty line for the I-864, (I-134 is only 100%). They ask for 3 years of W2's/tax transcripts for that so....
• Once the NOA2 comes through how much time will I have to apply & get the interview (ie. will there be any leeway to give it an extra month or so)? Once you get the NOA2, it still has to go to NVC and then to the embassy. As long as there is "action" on your case such as you scheduling the interview, which you can make 2-3 weeks out or even a month out, that's fine. Just get the medical done also before hand.

 

Thanks in advance for your help.

 

[ScorpioSun 0]

Thanks for the reply, that clears a few things up.

 

As for co-sponsorship, it seems unlikely that her family or friends will be able to qualify at the moment. I understand that, although technically a co-sponsor can be anyone, it should be someone with a vested interest in the marriage. With that in mind, I have extended family members (cousins, aunts, uncles) as permanent US citizens - would it raise any red flags if a member of my US family became co-sponsor instead of her family, since I'm the UK beneficiary?

Edited March 15, 2018 by ScorpioSun

[A_F 172]

@ScorpioSun 

 

Based on my experience, I would suggest finding a co-sponsor to be safe and not leaving anything to chance.

 

My wife and I also went through the K1 process and are currently working through AOS. We applied in April, and she had her visa interview in October. We were both recent graduates, and I had started working in February with an annual salary that pays well over the minimum requirement. I had also already earned enough in that year to exceed the income requirement in the 7-8 months I had been working. So, I was adamant that we wouldn't need a co-sponsor because I qualified on my own merits even though I had very little income on my previous year tax return as I was still a student at that point. My wife was still apprehensive of me sponsoring her on my own, so we asked my mom to co-sponsor, which she did. We were lucky to have done that. Otherwise my wife's visa would have been denied. The CO told her that it was a good idea to ask my mom to be a co-sponsor, or he would have denied the visa because of my lack of work history, regardless of my salary. 

[Wuozopo 4,285]

4 hours ago, ScorpioSun said:

Am I right in thinking she will have to send me proof of her income which I will then present at my visa interview in London?

Yes, with an I-134 Affidavit of Support

 

4 hours ago, ScorpioSun said:

How lenient are they likely to be given how relatively recent her income will be at that point? (Some say she'll need at least three months of the minimum required, others six, others don't say).

London is pretty lenient and has no specific requirements for pay stubs. A letter from her employer would be sufficient proof if her salary was sufficient. The problem with self-employment is the only proof is a tax return since there is no employer, nor pay stubs. She won't have that. She would be purely speculating on what she might make as yearly income, depending on if it is successful. A full years tax return would show her actual  income and the expenses or cost of goods sold which offset/lowerthe gross income.

 

4 hours ago, ScorpioSun said:

Once the NOA2 comes through how much time will I have to apply & get the interview (ie. will there be any leeway to give it an extra month or so)?

London allows one year. Your approved I-129F petition approval expires four months after issue. If you have not interviewed by then, London asks for a new letter of intent from the American to say she is still free to marry and intends to marry you. You simply take that to your interview and the petition is considered extended. Easy peasy. 

 

[With that in mind, I have extended family members (cousins, aunts, uncles) as permanent US citizens - would it raise any red flags if a member of my US family became co-sponsor instead of her family, since I'm the UK beneficiary?]

 

Not a problem. Use them.

Edited March 15, 2018 by Wuozopo

[ScorpioSun 0]

That's all fairly reassuring news so far, thanks for the replies guys!

 

I've just spoken to a cousin of mine in Cali, who is a full US citizen (born over there) and he said he'd be willing to be a co-sponsor. Now I'm guessing this won't be a problem, but I'd just like to check if anyone else has been in a similar situation and whether London will have any issues with him being my family & therefore not having any real ties to her.

[Wuozopo 4,285]

12 minutes ago, ScorpioSun said:

That's all fairly reassuring news so far, thanks for the replies guys!

 

I've just spoken to a cousin of mine in Cali, who is a full US citizen (born over there) and he said he'd be willing to be a co-sponsor. Now I'm guessing this won't be a problem, but I'd just like to check if anyone else has been in a similar situation and whether London will have any issues with him being my family & therefore not having any real ties to her.

 

Each embassy has a different vibe when it come to that part of the process. There is a UK forum all about London on this website and mostly inhabited by K1s. It's a good place to ask Brits their experiences about things specific to London. 

 

In memoranda I've read, there is not a lot of detail provided with the I-134. The interviewer has to be assured you will not become a public charge. London seems to be easier to convince and has fewer "must see" items as proof of income. A person sponsoring does not have to be a relative or live near you. Interviewers are cautioned that the better sponsor would live in the US because accepting a foreign living sponsor might not be someone who even cares what they "promised" to the US government. But even a relative living in the UK is not specifically excluded, only discouraged as a sponsor. I would go with the American relative who is motivated to sponsor their kin and abide by their promise to the US government.

 

London would allow you to sponsor yourself with some significant cash savings. No I-134 for those who do that. Show them the money....like $30k+.

 

After marriage when you apply for your greencard to actually stay in the US, there is another Affidavit of Support, Form I-864. It is stricter in the details. The joint sponsor must reside in the US and must supply the latest tax return.