Financial Proof/Employment letter/Co-Sponsor

[akfamilyjourney 77]

As my fiancé and I preparing financial proof of his income we came up with a few questions:

As my fiancé doesn’t have a set amount of hours to work (not full-time or part-time), lets say gets paid $30 an hour, have two permanent jobs, which are taxable, get his paystubs every week, we are 125% above poverty guidelines requirements combining two jobs, the questions are:

- how do we specify his salary for a year if it is not a set amount? option one is we recalculate his weekly payment and put the amount that was made for a year/shown on his tax return? but it can be different next year or could have been the year before.
- option 2 is for the employer to put his hourly wage and say that he gets payed bi-weekly?

 

Lets say we take his mom to sponsor us. she has her husband as a dependant which is 1st person in the household, the beneficiary - which is 2, herself which is 3, the question is:
- does she have to sponsor the petitioner as well even though he meets poverty line requirements for himself?
- where do you exactly get financial requirements for k1 visa from? i cannot find official website stating them, only third parties. there are requirements for I-184 form which is more for adjustment of status rather then fiancé visa.
- i also get confused with 100% and 125% numbers. where can i look to get this clarified?

Edited January 13, 2019 by theafons

[accumbyte 148]

7 minutes ago, theafons said:

- i also get confused with 100% and 125% numbers. where can i look to get this clarified?

https://www.uscis.gov/i-864p

[payxibka 10,044]

15 minutes ago, theafons said:

As my fiancé and I preparing financial proof of his income we came up with a few questions:

As my fiancé doesn’t have a set amount of hours to work (not full-time or part-time), lets say gets paid $30 an hour, have two permanent jobs, which are taxable, get his paystubs every week, we are 125% above poverty guidelines requirements combining two jobs, the questions are:

- how do we specify his salary for a year if it is not a set amount? option one is we recalculate his weekly payment and put the amount that was made for a year/shown on his tax return? but it can be different next year or could have been the year before.
- option 2 is for the employer to put his hourly wage and say that he gets payed bi-weekly?

 

Lets say we take his mom to sponsor us. she has her husband as a dependant which is 1st person in the household, the beneficiary - which is 2, herself which is 3, the question is:
- does she have to sponsor the petitioner as well even though he meets poverty line requirements for himself?
- where do you exactly get financial requirements for k1 visa from? i cannot find official website stating them, only third parties. there are requirements for I-184 form which is more for adjustment of status rather then fiancé visa.
- i also get confused with 100% and 125% numbers. where can i look to get this clarified?

Your best answer will come from the UK regional forum so you understand exactly what London does as it relates to the financial support requirement

[Wuozopo 4,285]

Do you have a 2017 tax return that shows at least 125% or the poverty level? If so, that is your proof that will work for a London interview. They have approved on just 100% before, but it is desirable to have $125% since that is what you will need very shortly for AOS.

 

The reason for the vagueness is that the law concerning a fiancé visa simply states that the officer needs to be convinced you will not become a public charge. It is a subjective decision. London does not require a lot in the way of proof to be convinced

 

[Wuozopo 4,285]

23 minutes ago, theafons said:

Lets say we take his mom to sponsor us. she has her husband as a dependant which is 1st person in the household, the beneficiary - which is 2, herself which is 3, the question is:
- does she have to sponsor the petitioner as well even though he meets poverty line requirements for himself?
 

The Petitioner does not require a sponsor. 

 

25 minutes ago, theafons said:

i also get confused with 100% and 125% numbers. where can i look to get this clarified?

From the Department of State who grants the visa. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#9

 

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

 

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

 

[JoannaV 173]

You just estimate what his income will be, and so long as his previous tax returns back that up nothing else matters.

[NikLR 13,220]

Do you mean his work hours vary wildly or that he is a freelancer or self employed?

[akfamilyjourney 77]

12 hours ago, accumbyte said:

https://www.uscis.gov/i-864p

Thank you! This is what I couldn't find!

[akfamilyjourney 77]

10 hours ago, NikLR said:

Do you mean his work hours vary wildly or that he is a freelancer or self employed?

He is not a freelancer, neither self-employed. He is employed by two companies, but as you said his work hours vary. Usually he writes his schedule and availabitily to both jobs and they choose the hours and days they want him.

[akfamilyjourney 77]

11 hours ago, JoannaV said:

You just estimate what his income will be, and so long as his previous tax returns back that up nothing else matters.

We can calculate what his income was for the last year, the same number will be on his last payslip from december if that is what you mean?

Should we state this as his annual salary?

Still condused with the best way to write an employment letter..

 

[akfamilyjourney 77]

12 hours ago, Wuozopo said:

The Petitioner does not require a sponsor. 

 

From the Department of State who grants the visa. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#9

 

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864? 

 

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

 

Oh thats good to hear. So when she feels out the form how many people will she have on the househols/dependants. Herself, her husban and me? Three?

Thank you fo the link!

[akfamilyjourney 77]

12 hours ago, Wuozopo said:

Do you have a 2017 tax return that shows at least 125% or the poverty level? If so, that is your proof that will work for a London interview. They have approved on just 100% before, but it is desirable to have $125% since that is what you will need very shortly for AOS. 

 

The reason for the vagueness is that the law concerning a fiancé visa simply states that the officer needs to be convinced you will not become a public charge. It is a subjective decision. London does not require a lot in the way of proof to be convinced

 

I think we do, yes. Only 2017 tax return is required? One year is enough?

What is you opinion on our employment letter? We are still planning on getting it, just need the best advise on either just put his hourly wage and state he gets paid bi-weekly or calculate his income for the last year from january to december. December paystubs will show the same abount.

[Wuozopo 4,285]

1 hour ago, theafons said:

I think we do, yes. Only 2017 tax return is required? One year is enough?

What is you opinion on our employment letter? We are still planning on getting it, just need the best advise on either just put his hourly wage and state he gets paid bi-weekly or calculate his income for the last year from january to december. December paystubs will show the same abount.

 

My opinion based on many years of following London interviews:

If your fiance's  latest tax return (2017) shows sufficient income, then that is all you will need at a London K1 interview. If it is Form 1040, look at Line 22. If it's Form 1040A, look at Line 15. That is where "Total Income" is shown.  If you get 2018 taxes done before the interview, then use 2018 because that would be the latest tax return. 

 

You can also use the last pay stubs from December if they show "year to date" (total paid in 2018). Add job 1 and job 2 together to come up with "current income" for the form. The pay stubs prove the amount. You don't need an employer letter for an I-134 in London because you have another way to prove income.

 

 

1 hour ago, theafons said:

Oh thats good to hear. So when she feels out the form how many people will she have on the househols/dependants. Herself, her husban and me? Three?

If you have looked at the Form I-134, it does not have a total household count shown as a number. That is on the I-864 for AOS or spouse visas. I-134 asks who is fully or partially supported. Just answer it. It gives them an idea of how many people she already supports. If you fiancé is supported partially by her Mum, the MUm says that on her form. This isn't the same household count like on I-864, but for income purposes, Mum would use the Household count of 3 as a guideline for what she should make.

 

 If your fiancé has enough income (for 2) you don't need the Mum as sponsor. 

[akfamilyjourney 77]

2 minutes ago, Wuozopo said:

 

My opinion based on many years of following London interviews:

If your fiance's  latest tax return (2017) shows sufficient income, then that is all you will need at a London K1 interview. If it is Form 1040, look at Line 22. If it's Form 1040A, look at Line 15. That is where "Total Income" is shown.  If you get 2018 taxes done before the interview, then use 2018 because that would be the latest tax return. 

 

You can also use the last pay stubs from December if they show "year to date" (total paid in 2018). Add job 1 and job 2 together to come up with "current income" for the form. The pay stubs prove the amount. You don't need an employer letter for an I-134 in London because you have another way to prove income.

 

 

If you have looked at the Form I-134, it does not have a total household count shown as a number. That is on the I-864 for AOS or spouse visas. I-134 asks who is fully or partially supported. Just answer it. It gives them an idea of how many people she already supports. If you fiancé is supported partially by her Mum, the MUm says that on her form. This isn't the same household count like on I-864, but for income purposes, Mum would use the Household count of 3 as a guideline for what she should make.

 

 If your fiancé has enough income (for 2) you don't need the Mum as sponsor. 

Very clear! Thank you so much!

[akfamilyjourney 77]

16 hours ago, accumbyte said:

https://www.uscis.gov/i-864p

Just double checked the link again. It doesn’t say anything about I-134 form, but only reffering to I-864. 

 

I assume if we are not on active duty in the U.S. armed forces we should go with 125% requirement?

 

Where do some people get from that to meet 100% is enough for K-1 visa?