Minimum Income Requirements Delay & Need for I-134

[crumb143 0]

Hello,

My fiance (from Australia) and I have submitted an application for the I-129F Visa. My question pertains to minimum income requirements. Two years ago I started my own business and had virtually no income for 3 years . Recently I joined another firm and my salary is tied to the incremental revenue of the firm so my income has gone up but only very recently (probably at about $50k per year run rate currently and going higher).

So my questions I’m hoping someone can answer are:

1) At what point will in the process will we be notified if USCIS or NVC has identified an issue with my income? I read on this website that minimum income has to be proven at the “end of case processing”. Is that when they give is the NOA2 or is that when they send the file to the consulate or is it after my fiance goes for her interview?

 

2) What documentation will I have to provide to try and prove that I’m making enough? Can this be submitted before getting denied? I see there is a form I-134, should I have done this when submitting my case? (I didn’t read anything about it i the instructions for the I-129F.)

3) Any estimate of how long of delay appealing or adding this I-134 form this would cause? Any recommendation on the best course of action are much appreciated.

Thank you all in advance!

[Alabamak1 688]

1 minute ago, crumb143 said:

 

Hello,

My fiance (from Australia) and I have submitted an application for the I-129F Visa. My question pertains to minimum income requirements. Two years ago I started my own business and had virtually no income for 3 years . Recently I joined another firm and my salary is tied to the incremental revenue of the firm so my income has gone up but only very recently (probably at about $50k per year run rate currently and going higher).

So my questions I’m hoping someone can answer are:

1) At what point will in the process will we be notified if USCIS or NVC has identified an issue with my income? I read on this website that minimum income has to be proven at the “end of case processing”. Is that when they give is the NOA2 or is that when they send the file to the consulate or is it after my fiance goes for her interview?

 

2) What documentation will I have to provide to try and prove that I’m making enough? Can this be submitted before getting denied? I see there is a form I-134, should I have done this when submitting my case? (I didn’t read anything about it i the instructions for the I-129F.)

3) Any estimate of how long of delay appealing or adding this I-134 form this would cause? Any recommendation on the best course of action are much appreciated.

Thank you all in advance!

you have to prove enough income of 100%  of the poverty guideline for your household with a I-134 at the interview. And later with AOS with 125%

 

https://www.federalregister.gov/documents/2018/01/18/2018-00814/annual-update-of-the-hhs-poverty-guidelines

[Jeff_9802 121]

59 minutes ago, crumb143 said:

 

1) At what point will in the process will we be notified if USCIS or NVC has identified an issue with my income? I read on this website that minimum income has to be proven at the “end of case processing”. Is that when they give is the NOA2 or is that when they send the file to the consulate or is it after my fiance goes for her interview?

Your fiance will either have to mail the I-134 form to the US embassy in Australia (packet 3) or take it to the interview.  But this will not be until after NOA2, and after the NVC sends the case to Australia.

 

2) What documentation will I have to provide to try and prove that I’m making enough? Can this be submitted before getting denied? I see there is a form I-134, should I have done this when submitting my case? (I didn’t read anything about it i the instructions for the I-129F.)

See above for dates.  Letter from your employer stating permanent position and salary are good starting point.  Copies of recent paystubs will also help.

3) Any estimate of how long of delay appealing or adding this I-134 form this would cause? Any recommendation on the best course of action are much appreciated.
Don't do anything now.  Wait and submit the I-134 plus above documentation at the appropriate time described above.

Thank you all in advance!

 

[geowrian 22,336]

For a K-1 visa, neither USCIS nor NVC will look at your financial situation. Only the CO looks at it when the I-134 is presented at the embassy stage.

Later, when you file for AOS, USCIS will look at it with the I-864 that gets submitted.

 

Just to be clear....are you currently self employed or are you an employee of the company? The reason I ask is because if you're an employee, then you're current income can be shown via pay stubs and an employment letter. If you're self-employed, then your current income will be demonstrated via your tax returns.

The most recent year's tax return is required either way, but the significance of it will differ depending on your situation.

[crumb143 0]

Thanks geowrian. 

I think technically i'm an independent consultant to the company. Although I have an equity interest in the company, and my earnings are tied to the companies incremental revenue in a rather complex formula. So what I have is bank deposits from the company into my account and an operating agreement with the company that lays out that I am a partner in the business. Unfortunately my tax returns will really only reflect the equity compensation income that I earned last year. 

[crumb143 0]

15 hours ago, Jeff_9802 said:

 

Thanks Jeff! 

In your experience does bringing this form delay the case processing time significantly? We are considering having my fiance move to England (where she is also a citizen) and trying to get her consular processing done there so we can be closer but I'm concerned that this minimum income issue in conjunction with changing the consular location might create and really big delay. Any thoughts are greatly appreciated. 

[Jeff_9802 121]

20 minutes ago, crumb143 said:

In your experience does bringing this form delay the case processing time significantly? 

I don't understand the question, because you cannot send the form anywhere other than the US embassy in whatever country your fiance is located.  And you cannot mail the form before the US embassy receives your case, or they will not know what to do with it.

 

I don't know anything about changing countries.  I would think it would cause a delay, but you probably need to talk with someone who has done this.