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CopperSkilletBoy

K-1 Visa: Income and Alien Work questions

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Background:
I don't own a house. I lived with my parents who both had health issues. After my mother died, I felt like I was able to pursue marriage as my father doesn't need to be cared for. I have known this woman for four years, we met on a video game and ironically hated each other when we met. Didn't even really talk until two years ago and fell in love. I went to meet her three times for about 3 weeks each visit. I have lived with her parents and her during this time period. Lots of pictures, receipts and chat history.  We did engage the first time we met, but the engagement was treated by both of us as a long distance promise of a relationship and promise to marry.  It's been almost two years since we made this promise and we are certain of our feelings now.

 

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So the notorious income questions. Right now my Tax Returns show up like this:

2018: $19,008: Same Company, one W-2
2017: $19,800 Two Companies, Three W-2s (One company was bought out)
2016: $15,000 Two Companies

2015: $7,500

Income wise, I get paid often in cash. I know this is a common story, but realistically for 2017 and 2018 I meet all the requirements, but the income for 2016 and obviously 2015 are much lower. In fact, 2017 and 2018 would be more, but I spent over three months in her country visiting her family and living with her-- meaning I wasn't working in the states.

 I was just wondering if stability will be in question? I have worked the same companies for five years now. Work is steady, but you always had the option to take off during slower times and thus I did work on the side for cash when I didn't need to be at the factory.

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Second Question:

My fiancee no longer attends college in her country, she did not graduate. She also doesn't work officially and lives with her family. Will this affect her immigration? Must she show proof of employment for a K-1?

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1 hour ago, CopperSkilletBoy said:

Background:
I don't own a house. I lived with my parents who both had health issues. After my mother died, I felt like I was able to pursue marriage as my father doesn't need to be cared for. I have known this woman for four years, we met on a video game and ironically hated each other when we met. Didn't even really talk until two years ago and fell in love. I went to meet her three times for about 3 weeks each visit. I have lived with her parents and her during this time period. Lots of pictures, receipts and chat history.  We did engage the first time we met, but the engagement was treated by both of us as a long distance promise of a relationship and promise to marry.  It's been almost two years since we made this promise and we are certain of our feelings now.

 

---

So the notorious income questions. Right now my Tax Returns show up like this:

2018: $19,008: Same Company, one W-2
2017: $19,800 Two Companies, Three W-2s (One company was bought out)
2016: $15,000 Two Companies

2015: $7,500

Income wise, I get paid often in cash. I know this is a common story, but realistically for 2017 and 2018 I meet all the requirements, but the income for 2016 and obviously 2015 are much lower. In fact, 2017 and 2018 would be more, but I spent over three months in her country visiting her family and living with her-- meaning I wasn't working in the states.

 I was just wondering if stability will be in question? I have worked the same companies for five years now. Work is steady, but you always had the option to take off during slower times and thus I did work on the side for cash when I didn't need to be at the factory.

----
 

Second Question:

My fiancee no longer attends college in her country, she did not graduate. She also doesn't work officially and lives with her family. Will this affect her immigration? Must she show proof of employment for a K-1?

She does not need to be working, but......have you fully investigated how much it costs to bring someone over on a K-1?  The fees are spendy.

 

As it is now, you will need a co-sponsor, as you do not currently earn enough to sponsor her.  "Under the table" money does not count when it comes to immigration.

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2 minutes ago, Jorgedig said:

She does not need to be working, but......have you fully investigated how much it costs to bring someone over on a K-1?  The fees are spendy.

 

As it is now, you will need a co-sponsor, as you do not currently earn enough to sponsor her.  "Under the table" money does not count when it comes to immigration.

So even though my Tax Returns show that I made $19,000 for the past two years, I still do not qualify? I understand that my cash income is not counted. I currently have about $14,390 in Cash and $7300 in my bank account. I am more concerned about the Tax Returns that I stated (which did not include my cash-only income, but what I actually paid federal taxes on):

2018: $19,008: Same Company, one W-2
2017: $19,800 Two Companies, Three W-2s (One company was bought out)
2016: $15,000 Two Companies


When I use the calculators on other sites for the K1 Visa, it says I am 123% qualified according to my income. But if I show my last three tax returns, they are as above.
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I am happy to hear that her not working or education doesn't play a role.

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2 minutes ago, CopperSkilletBoy said:

So even though my Tax Returns show that I made $19,000 for the past two years, I still do not qualify? I understand that my cash income is not counted. I currently have about $14,390 in Cash and $7300 in my bank account. I am more concerned about the Tax Returns that I stated (which did not include my cash-only income, but what I actually paid federal taxes on):

2018: $19,008: Same Company, one W-2
2017: $19,800 Two Companies, Three W-2s (One company was bought out)
2016: $15,000 Two Companies


When I use the calculators on other sites for the K1 Visa, it says I am 123% qualified according to my income. But if I show my last three tax returns, they are as above.
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I am happy to hear that her not working or education doesn't play a role.

Is it just you two?  Google "Federal poverty limit 2019."  If so, you're close, but not enough for AOS (125% vs. 100%).   It's not good enough to get someone here, and then to not be able to do the AOS.  

 

Your income is close enough that personally, I would have a joint sponsor lined up.  Which embassy is it?

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14 minutes ago, Jorgedig said:

Is it just you two?  Google "Federal poverty limit 2019."  If so, you're close, but not enough for AOS (125% vs. 100%).   It's not good enough to get someone here, and then to not be able to do the AOS.  

 

Your income is close enough that personally, I would have a joint sponsor lined up.  Which embassy is it?

Correct, just she and I. It will be the embassy in Kyiv, Ukraine. For my state, a household of two has a government poverty guideline of $16,500. I do have the option of having my brother do a joint sponsorship, however, I would like to avoid it even if he is willing. 

When she gets here, I won't be flying over there anymore. Meaning my taxed income will rise to about $27,000 a year. Yes, I literally do miss that much work to see her. 

   
Edited by CopperSkilletBoy

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3 minutes ago, CopperSkilletBoy said:

Correct, just she and I. It will be the embassy in Kyiv, Ukraine. For my state, a household of two has a government poverty guideline of $16,500. I do have the option of having my brother do a joint sponsorship, however, I would like to avoid it even if he is willing. 

   

The state does not matter.  It is federal.  Your current income is <125% of the federal poverty level for two.  What would your plan be for that requirement?  As for the 100% requirement at the embassy level, you may want to inquire on the Ukraine forum.  Some embassies are tougher than others on the public charge issue.  Maybe others who went through Kyiv can weigh in here.

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8 minutes ago, Jorgedig said:

The state does not matter.  It is federal.  Your current income is <125% of the federal poverty level for two.  What would your plan be for that requirement?  As for the 100% requirement at the embassy level, you may want to inquire on the Ukraine forum.  Some embassies are tougher than others on the public charge issue.  Maybe others who went through Kyiv can weigh in here.

Yeah, you're right it is 115%. Who would have thought that I would have fallen in love with a woman from another country. Ha! Well I suppose all I can do is have my brother Joint Sponsor me and start the process. 

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Keep in mind that the incomes aren't summed up, he needs to be able to sponsor her regardless of your income, but you'll still have to be the primary sponsor.

 

Also, K-1 is the first step, you're looking at a couple grand for AOS, then a grand for ROC. Something to keep in mind...

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1 hour ago, Mollie09 said:

Keep in mind that the incomes aren't summed up, he needs to be able to sponsor her regardless of your income, but you'll still have to be the primary sponsor.

 

Also, K-1 is the first step, you're looking at a couple grand for AOS, then a grand for ROC. Something to keep in mind... 

Yes I understand the costs. Like I said earlier I have $14,000+ in Cash and $7,000 in the bank. I have stayed collectively about 3 1/2 months in Ukraine with her over the course 2017 and 2018. This is why my income is $19,000 for this time period. My brother, on paper, looks far more stable than myself.

 Now to figure out how Joint Sponsorship is treated in Ukraine!

 

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2 minutes ago, jdaveh said:

Do you understand the costs of having someone living with you who has no income for the next 4 to 8 months ?

I noticed this type of sentiment when I originally started looking up the K1 visa requirements a few weeks ago and landed on visajourney to read other's experiences. The truth is that there are many people in the USA who do not report all their earnings to the Federal Government. As I stated before I have $14,000+ in Cash in the safe in my home, and $7700 in the bank. My work & housing situation allows me to do many things that the average person doesn't have the ability to do, such as living in Ukraine for over 3 months (three separate trips, without working when I was there, to confirm our relationship was real, costing a total of $7900 inc. planes, trains, apartments, hotels, dinners).  Outside of that, my income per year is roughly $34,000. In 2015 when I reported $15,000, my income was $37,000. I am 33 and I have had the privilege to travel the world and live a life of ease. It doesn't mean that I do not know how to work, or even dislike it.

 Now I understand that such questions come from the fact that I stated that I lived with my parents. Shaming such a situation is a cultural bias. In Ukraine for example (I am half-Ukrainian, Jewish and Black Sea German WW2 Refugees to the USA), this bias doesn't exist. Ergo it's culturally acceptable for families from the village (Such as my wife and relatives) to live with each other their entire life and to share resources. Meeting my fiancee as I did and then falling in love with her as I did was never planned. I was supposed to go over there to meet her and some of my friends from Germany for a cheap vacation. I ended up canceling my flight back to the states and staying with my now fiancee for another three weeks. The next two trips I made wasn't just she and I wondering around. I lived with her family, I traveled with her family for their vacations. In all honesty, if for some reason I fail to get her into the United States simply because I didn't report all my earnings to the IRS-- then I will happily forsake my US Citizenship and immigrate to Ukraine to live with her. Neither of us cares where we live, we just settled on the USA because the future of our possible offspring would be better here than in Ukraine. 

I know my reply is long, but I see similar replies to similar situations all of the forums... so I have decided to do the same.

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9 minutes ago, CopperSkilletBoy said:

I noticed this type of sentiment when I originally started looking up the K1 visa requirements a few weeks ago and landed on visajourney to read other's experiences. The truth is that there are many people in the USA who do not report all their earnings to the Federal Government. As I stated before I have $14,000+ in Cash in the safe in my home, and $7700 in the bank. My work & housing situation allows me to do many things that the average person doesn't have the ability to do, such as living in Ukraine for over 3 months (three separate trips, without working when I was there, to confirm our relationship was real, costing a total of $7900 inc. planes, trains, apartments, hotels, dinners).  Outside of that, my income per year is roughly $34,000. In 2015 when I reported $15,000, my income was $37,000. I am 33 and I have had the privilege to travel the world and live a life of ease. It doesn't mean that I do not know how to work, or even dislike it.

 Now I understand that such questions come from the fact that I stated that I lived with my parents. Shaming such a situation is a cultural bias. In Ukraine for example (I am half-Ukrainian, Jewish and Black Sea German WW2 Refugees to the USA), this bias doesn't exist. Ergo it's culturally acceptable for families from the village (Such as my wife and relatives) to live with each other their entire life and to share resources. Meeting my fiancee as I did and then falling in love with her as I did was never planned. I was supposed to go over there to meet her and some of my friends from Germany for a cheap vacation. I ended up canceling my flight back to the states and staying with my now fiancee for another three weeks. The next two trips I made wasn't just she and I wondering around. I lived with her family, I traveled with her family for their vacations. In all honesty, if for some reason I fail to get her into the United States simply because I didn't report all my earnings to the IRS-- then I will happily forsake my US Citizenship and immigrate to Ukraine to live with her. Neither of us cares where we live, we just settled on the USA because the future of our possible offspring would be better here than in Ukraine. 

I know my reply is long, but I see similar replies to similar situations all of the forums... so I have decided to do the same.

Why not report all your income? Paid cash or not, income has to be declared. 

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4 minutes ago, CopperSkilletBoy said:

The truth is that there are many people in the USA who do not report all their earnings to the Federal Government.

That doesn't justify tax evasion. Paying Uncle Sam is the duty of every American and US resident.

 

The obvious drawback, other than risk of fines, fees,and accrued interest (or worse), is that the unreported income does not exist as far as the government knows. So it won't qualify for immigration purposes.

The assets can be listed for consideration (not the cash unless you deposit it). That said, such a deposit would likely draw attention as to its source on the documentation to use said assets. And $7,000 in the bank is only the equivalent of $2,333 in income (3:1 rule).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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14 minutes ago, geowrian said:

That doesn't justify tax evasion. Paying Uncle Sam is the duty of every American and US resident.

 

The obvious drawback, other than risk of fines, fees,and accrued interest (or worse), is that the unreported income does not exist as far as the government knows. So it won't qualify for immigration purposes.

The assets can be listed for consideration (not the cash unless you deposit it). That said, such a deposit would likely draw attention as to its source on the documentation to use said assets. And $7,000 in the bank is only the equivalent of $2,333 in income (3:1 rule).

Well said. Any money in the bank was earned through my family's company (what is reported to the IRS). Which is where I am employed. As for me practicing 'tax evasion', I am a staunch Libertarian. I have always used my 'cash' from my other work when I traveled. I normally work 6-7 months out of the year and then I would backpack across Europe/Asia for the rest of the time. Amongst American backpackers, this is a very common practice. Many will for the US Park Services for 6-8 months and then Backpack in Europe/Asia for 6-4 months. I probably would have never picked up this Libertarian mindset and way of saving and living if I didn't start backpacking in my early 20s. Anyways! My life is changing now and when I get married, I will be anchored to US soil and thus, I will just work all year at my family's company.

 

9 minutes ago, Jorgedig said:

Things like immigration are when tax evasion come back to bite ya!

Don't I know it! If I had declared all my income, then I would have never had to ask this question. Ha! I feel silly at the end of the day, but my family absolutely loves my fiancee and any of them would happily Joint Sponsor me, or support me if I moved to Ukraine.

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