Income/Living

[yellowbee12 0]

Hello,

I'm a college student and still live with my family. I don't have a job yet but I will get one soon and should be able to find someone to co-sponsor if needed. For the first petition for alien fiance (I-129) form are there any documents required to show the income? Since I will be just starting the job when I file will I have enough? I don't file my own taxes, I'm still on my parents. Also, is there anything required for the living arrangements? Since I'm still living with my family and my fiance wouldn't be able to move in here with me but I plan to get a place for us before she gets here. Any help is greatly appreciated thank you. 

[Sav&Har 142]

1 hour ago, yellowbee12 said:

Hello,

I'm a college student and still live with my family. I don't have a job yet but I will get one soon and should be able to find someone to co-sponsor if needed.
1. For the first petition for alien fiance (I-129) form are there any documents required to show the income?

No. The i-134 and its evidence is taken to the interview.

2. Since I will be just starting the job when I file will I have enough?

You might drastically improve your income by then (assuming you're going to file I-129F soon) to a qualifying income or even more, but still wont be able to show valid proof of it, as one of the main evidence is your income shown in your most recent tax return. So yes or yes, you will need a co-sponsor. However, having an income plus having the co-sponsor by the time of the interview, that will work on your favor.

3. I don't file my own taxes, I'm still on my parents. Also, is there anything required for the living arrangements?

No.

 

Since I'm still living with my family and my fiance wouldn't be able to move in here with me but I plan to get a place for us before she gets here. Any help is greatly appreciated thank you. 

 

[yellowbee12 0]

43 minutes ago, Sav&Har said:

 

Okay, thank you. So would I be able to file now before getting a job or should I wait until I have a job to submit the petition form? 

[geowrian 22,337]

21 minutes ago, yellowbee12 said:

So would I be able to file now before getting a job or should I wait until I have a job to submit the petition form? 

Yes, you can file, the I-129F before meeting the income requirements. A co sponsor may be needed by the time of the interview, or you may have sufficient income by that time.

 

If you are employed, your current income is best displayed via your pay stubs and an employment letter. If you are self-employed or earn other types of income, the tax returns would be the go-to source for current income evidence. You can also use assets in lieu of (or conjunction with) income, but at a 3x rate (technically 5x but many COs tend to go by the 3x rate used for a spouse with a K-1 visa application).

 

That said, there are a small handful of embassies that are more strict on the Affidavit of Support requirements where they prefer to see a longer period of employment/sufficient income. What embassy or consulate are you going through?

 

The CO makes the final call on the public charge concern based on the totality of the circumstances (not just minimums).

Keep in mind that even if you have a co sponsor for the K-1, it's not cheap to do marry, do AOS, etc. while not having a job or starting a new job. And your partner won't be able to work for ~3-6 months after marrying and filing for AOS. This isn't to discourage you, but be aware of the upcoming costs and circumstances...the K-1 is only the first step in a much longer process (immigration or otherwise).

[yellowbee12 0]

8 hours ago, geowrian said:

Yes, you can file, the I-129F before meeting the income requirements. A co sponsor may be needed by the time of the interview, or you may have sufficient income by that time.

 

If you are employed, your current income is best displayed via your pay stubs and an employment letter. If you are self-employed or earn other types of income, the tax returns would be the go-to source for current income evidence. You can also use assets in lieu of (or conjunction with) income, but at a 3x rate (technically 5x but many COs tend to go by the 3x rate used for a spouse with a K-1 visa application).

 

That said, there are a small handful of embassies that are more strict on the Affidavit of Support requirements where they prefer to see a longer period of employment/sufficient income. What embassy or consulate are you going through?

 

The CO makes the final call on the public charge concern based on the totality of the circumstances (not just minimums).

Keep in mind that even if you have a co sponsor for the K-1, it's not cheap to do marry, do AOS, etc. while not having a job or starting a new job. And your partner won't be able to work for ~3-6 months after marrying and filing for AOS. This isn't to discourage you, but be aware of the upcoming costs and circumstances...the K-1 is only the first step in a much longer process (immigration or otherwise).

2

The embassy is Tallin, Estonia 

[geowrian 22,337]

39 minutes ago, yellowbee12 said:

The embassy is Tallin, Estonia 

I'm, not familiar with the embassy personally, so  I'll defer specifics to others. However it doesn't jump out to me as being abnormally strict regarding how much you earned on past tax returns...meaning current income is likely king (like with most embassies).

[yellowbee12 0]

9 minutes ago, geowrian said:

I'm, not familiar with the embassy personally, so  I'll defer specifics to others. However it doesn't jump out to me as being abnormally strict regarding how much you earned on past tax returns...meaning current income is likely king (like with most embassies).

Okay thank you so much for all your help! I was also wondering if we needed to stay in the same state for the entire process? 

[geowrian 22,337]

6 minutes ago, yellowbee12 said:

Okay thank you so much for all your help! I was also wondering if we needed to stay in the same state for the entire process? 

No problem!

"State" as in US state? The petitioner can move just fine. Just be sure to complete a Change of Address (COA): https://egov.uscis.gov/coa/displayCOAInitForm.do

If the beneficiary plans to move to another country, then they would need to either return for the embassy interview (and must have residence in the country...not just a tourist visa) or transfer the case to the new country's embassy at that time.

Edited July 5, 2018 by geowrian