K1 visa , income requirement

[Rbtndtrl 2]

On 7/15/2019 at 11:28 PM, samnrong said:

 

Agree with Jorgedig on this one. Since your case is borderline, have co-sponsor documents prepared for the interview. If you’re approved without them then great. If you need them you have them in hand already.

 

Your timeline for processing if you have to send in subsequent to the interview is an absolute best case scenario and I WOULD NOT put much faith behind it.

 

At the interview there are only 2 possible outcomes, approval or denial. In this case you’d be denied for failing to have sufficient evidence that beneficiary will not become a public charge once in the US. You’d then be placed in Administrative Processing and given a chance to overcome this denial by finding a co-sponsor. Once you’re in AP it can be a black hole and there is NO GUARANTEE as to the timeline for how fast your documents will be reviewed. It may be 2 weeks, it may be 6 months. Take a read through the AP forums on here and you’ll see stories of simple issues taking months or years to resolve in AP. One read through those forums and it will become clear to you why you want to avoid AP.

 

I can’t stress strongly enough my suggestion to avoid AP at all costs. Take the co-sponsor documents with you to your interview and save yourself peace of mind.

 

good luck!

Ok thank you! Looking into the co sponsor now, also another question in the part of the i134, where it says intend is it absolutely necessary to specify the nature of the contributions  ? 

[samnrong 52]

2 hours ago, Rbtndtrl said:

Ok thank you! Looking into the co sponsor now, also another question in the part of the i134, where it says intend is it absolutely necessary to specify the nature of the contributions  ? 

For this question do not mark “intend”. Instead leave it blank and in the additional information section state “N/A - K-1 visa applicant”.

 

This section is for situations where a petitioner intends to only give specified support (e.g., rent and meal expenses). In your case you are giving 100% support for everything (full support in maintaining a marital household) rather than specific support for only certain items.

[Greenbaum 12,258]

On ‎7‎/‎14‎/‎2019 at 12:40 AM, samnrong said:

I would strongly suggest lining up a co-sponsor. It sounds like even in a best-case scenario his income will be barely above the "guidelines".

 

On ‎7‎/‎15‎/‎2019 at 9:10 AM, Cramirez03 said:

Question, off topic, how long did it take for you to receive your interview letter from the complete date ?

Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks

[Rbtndtrl 2]

Just an update, although we didn’t meet income requirement our k1 was approved today. We included GI bill & his cna certification as well as his DD214 . I’m not sure if any of this had anything to do with our approval, we didn’t need a co sponsor. I fly out in a week . 

[SmallTownPA 71]

On 8/5/2019 at 8:59 PM, Rbtndtrl said:

Just an update, although we didn’t meet income requirement our k1 was approved today. We included GI bill & his cna certification as well as his DD214 . I’m not sure if any of this had anything to do with our approval, we didn’t need a co sponsor. I fly out in a week . 

Good news/bad news incoming.

 

Yay!  You got your K1!

 

But the I-134 is a pretty low bar.  The real test is going to be the I-864 which is MUCH stricter.  Specifically:

 

9 FAM 302.8-2(B)(2)  (U) Determining “Totality of Circumstances”

(4)  (U) Employment Considerations and the I-864:  You may not consider an offer of employment to an applicant in place of a Form I-864 in cases where the I-864 is required.

 

And 

 

9 FAM 302.8-2(C)(4)  (U) Required Supporting Evidence

(2)  (U) What is Income?  Income, for the purpose of Form I-864, means the total unadjusted income as shown on the tax return, before deductions.  Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc.

 

So before you file your AOS ensure that your husband's income meets the guidlines on his most current tax returns.

 

I think the IO may have given you a pass hoping that income increases by the time you file AOS.