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Ryanka

DID NOT MEET THE MINIMUM REQUIRED INCOME

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Filed: K-1 Visa Country: Brazil
Timeline

Hello guys. 

Please someone who knows about this topic to help me. I’ve asked several groups, looked at USCIS website, and even visa journey website and each one says different than the other.

 

i did not meet the minimum income to sponsor my Brazilian fiancé. We do not have a co sponsor and won’t have one. 

I have savings and I own a vehicle that I can use towards the income. But my question is: the amount of cash that I need to have must be x5 or x3? Example: the income required is 21k, I have 20k, therefore I need 1,000 times 5 in cash, so I need 5,000 to put in the affidavit of support and AOS

But im confused if it’s tines 5 or times 3. Has anyone been into this situation??

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Technically it's only 3x for a child or spouse of a US citizen. Many COs will use this for a fiance/fiancee as well since there is the presumption of being the spouse of a USC in the very near future.

 

However, the I-134 is only a tool to help the CO assess the public charge concern. Just meeting the minimum to file is often not sufficient for actually addressing the public charge concern. I highly suggest looking for an additional source of income or a co sponsor.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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Filed: Country: Vietnam (no flag)
Timeline

The US Embassy will look at a totality of circumstances when considering the affidavit of support.  Selling assets and sticking the proceeds into the bank right before filing the I-134 will not suffice.  

 

You need to earn more or find a Joint Sponsor.  

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Filed: K-1 Visa Country: Brazil
Timeline

Guys, I will not be able to get a co sponsor. I have x5 the savings and it’s been there accumulating since last year... I have a full time job as well that I’ve been working for a year now, excellent credit, etc. technically it sounds like I would be ok, but I would like to know if people were denied even though they could work it out when they did not meet the minimum required 

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Filed: Country: Vietnam (no flag)
Timeline
1 minute ago, Ryanka said:

Guys, I will not be able to get a co sponsor. I have x5 the savings and it’s been there accumulating since last year... I have a full time job as well that I’ve been working for a year now, excellent credit, etc. technically it sounds like I would be ok, but I would like to know if people were denied even though they could work it out when they did not meet the minimum required 

It's a judgment call by the CO.  Some people are okay.  Others are not.  No one can tell you whether the totality of your circumstances will be sufficient for any particular CO.  

Go with what you have.  Present it in the best way possible.  If you got a raise and your income would be higher this year, then point that out in a cover letter.  

 

Best of luck.

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Filed: K-1 Visa Country: Brazil
Timeline
Just now, aaron2020 said:

It's a judgment call by the CO.  Some people are okay.  Others are not.  No one can tell you whether the totality of your circumstances will be sufficient for any particular CO.  

Go with what you have.  Present it in the best way possible.  If you got a raise and your income would be higher this year, then point that out in a cover letter.  

 

Best of luck.

Yes I got a raise this year!!! Woohoo thank you, I will point that out!

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

It was my understanding that the 5x amount was for the total....not just the difference between your income and the total. So if your income is $20,000 and required amount is $21,000 that the savings amount needed would be $21,000×5=$105,000. Not $20,00+($1,000×5).

 

There has also been a push lately to use PREVIOUS  years taxable income not CURRENT income. You did not fill in your timeline so I'm not sure where you are in the visa process but it could be based on 2018 or 2019 yearly income depending on when your fiance interview is. Maybe each country is different but where my husband is from the current income is irrelevant its previous year only. 

 

It seems odd I know that if you didn't work last year but now make $100k that you would still need to wait until following year to be approved because of income requirements.  

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Filed: AOS (apr) Country: Philippines
Timeline
36 minutes ago, EandH0904 said:

 

There has also been a push lately to use PREVIOUS  years taxable income not CURRENT income.

Consulate specific 

YMMV

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Filed: K-1 Visa Country: Brazil
Timeline
37 minutes ago, EandH0904 said:

It was my understanding that the 5x amount was for the total....not just the difference between your income and the total. So if your income is $20,000 and required amount is $21,000 that the savings amount needed would be $21,000×5=$105,000. Not $20,00+($1,000×5).

 

 

I saw on the USCIS website that they say “the difference between the household income to the minimum required” 

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Filed: AOS (apr) Country: Philippines
Timeline
4 minutes ago, Ryanka said:

I saw on the USCIS website that they say “the difference between the household income to the minimum required” 

Any consulate may or may not follow USCIS guidelines as the Department of State has given each consulate some autonomy in how to make this decision 

YMMV

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Filed: Country: Vietnam (no flag)
Timeline
46 minutes ago, EandH0904 said:

It was my understanding that the 5x amount was for the total....not just the difference between your income and the total. So if your income is $20,000 and required amount is $21,000 that the savings amount needed would be $21,000×5=$105,000. Not $20,00+($1,000×5).

 

There has also been a push lately to use PREVIOUS  years taxable income not CURRENT income. You did not fill in your timeline so I'm not sure where you are in the visa process but it could be based on 2018 or 2019 yearly income depending on when your fiance interview is. Maybe each country is different but where my husband is from the current income is irrelevant its previous year only. 

 

It seems odd I know that if you didn't work last year but now make $100k that you would still need to wait until following year to be approved because of income requirements.  

It's 3x or 5x the difference.  Not the total.

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Please note that even if you have enough in savings it does NOT mean they have to approve you.

You could meet all of the required financial needs and still not be approved if the CO feels that your fiance would become a public charge for any reason, and no they don't have to go into detail if they don't want too.




For two people it's 21,137$, or a job that pays you just above 11$ an hour for 40 hours (full time). (I'm assuming you are just sponsoring your fiance and that the fiance doesn't have any children and that you don't have any dependents) 

11$ an hour isn't far fetched at all any more, Target is going to have their minimum starting pay be 15$ in 2020. The Grocery Store I work at is paying minimum 15$ by next year as well, along as Amazon/Whole foods etc. And note, this is in a state with a state minimum of 7.25 and no intentions of increasing.

One thing the CO may wonder, is how you have 5 times the amount of the difference needed in savings, but don't make enough with a full time job knowing the information above? Not to mention that your fiance won't be able to work for MONTHS because EAD/AP isn't a 30-90 day process anymore.

If you do have a lot of dependents or your fiance does, then that will weigh into them deciding if you make enough. 


All you can do is provide what you have though, if you make enough to cover times 5, then show it. The worst that will happen is they ask for a cosponsor.
 

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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