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Kerakera

Affidavit of support? Is my fiance salary enough?

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Hello everyone, my american fiance is gaining 60,000 usd annually. 45k from his permanent job which he started october 2018, and 15k from his 2 website part time jobs. He can get all the proper documents from all his job. My only question is: is it ok that his w2 form only states that he gained 9k something, because its duration is october 2018 to jan/mar (not sure if jan or march) 2019. Because its his new job. But he does have a certificate of employment which states that he will be paid 45k annually. 

 

Thankyou very much. Your responses are well appreciated 

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From what I've read about.  You must be able to show stable earnings above the. National poverty level (around 16k USD for 2019).   Tax returns, bank statements and letter of employment all go into proving that you make more than that.  I'd say you should be alright as long as he's got the letter with the tax returns and bank statements. 

 

https://asl-lawfirm.com/fiance-visa-income-requirements

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Form W-2 is a calendar year form, so it would go through 12/31 of whatever the relevant calendar year is (in this case it appears that it would be 12/31/2018).

 

The letter from the employer will be fine in verifying his income of $45K going forward into the future. The 2018 W-2 will be used to support the claimed income on his 2018 IRS tax transcripts which you are required to submit.

 

Note that the "guidelines" are just that, guidelines. These are not hard redlines that if you surpass you're automatically approved. The CO makes a judgment based upon the "totality of the circumstances" as to whether the petitioner has shown an ability to support the beneficiary upon their arrival in the US and prevent them from becoming a public charge. This "totality of the circumstances" takes much more into account than just an income number.

 

For example, if you are planning to live in NYC or SF, this income of $45K is likely insufficient to prove support since the COL is so high in those areas, where it may be fine if you plan to live in Iowa. Additionally, the fact that your fiance has only had his job for a few months and showed such low income in 2018 may also be taken into account (i.e., what is his employment history? Has he shown an ability to have continued employment?).

 

Without further details it's hard to know whether the income will be sufficient to prove support. At a minimum though, I would attempt to verify all income (the $45K which you have a letter for + the side income).

 

From your other posts, it appears that you are attempting to domecile in San Francisco. Just my opinion, but $60K is not enough to support 2 people in the Bay Area in the #1 COL area in the US. I think that your case may be borderline, but interested to see what some other more experienced members think.

 

If your case truly is borderline, I suggest lining up a co-sponsor now. That way if you get rejected at the interview, you already have a co-sponsor lined up. If you get accepted then great, no co-sponsor needed. Having this lined-up ahead of time will save you worry in the event the consulate ends up requiring a co-sponsor.

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2 hours ago, samnrong said:

Form W-2 is a calendar year form, so it would go through 12/31 of whatever the relevant calendar year is (in this case it appears that it would be 12/31/2018).

 

The letter from the employer will be fine in verifying his income of $45K going forward into the future. The 2018 W-2 will be used to support the claimed income on his 2018 IRS tax transcripts which you are required to submit.

 

Note that the "guidelines" are just that, guidelines. These are not hard redlines that if you surpass you're automatically approved. The CO makes a judgment based upon the "totality of the circumstances" as to whether the petitioner has shown an ability to support the beneficiary upon their arrival in the US and prevent them from becoming a public charge. This "totality of the circumstances" takes much more into account than just an income number.

 

For example, if you are planning to live in NYC or SF, this income of $45K is likely insufficient to prove support since the COL is so high in those areas, where it may be fine if you plan to live in Iowa. Additionally, the fact that your fiance has only had his job for a few months and showed such low income in 2018 may also be taken into account (i.e., what is his employment history? Has he shown an ability to have continued employment?).

 

Without further details it's hard to know whether the income will be sufficient to prove support. At a minimum though, I would attempt to verify all income (the $45K which you have a letter for + the side income).

 

From your other posts, it appears that you are attempting to domecile in San Francisco. Just my opinion, but $60K is not enough to support 2 people in the Bay Area in the #1 COL area in the US. I think that your case may be borderline, but interested to see what some other more experienced members think.

 

If your case truly is borderline, I suggest lining up a co-sponsor now. That way if you get rejected at the interview, you already have a co-sponsor lined up. If you get accepted then great, no co-sponsor needed. Having this lined-up ahead of time will save you worry in the event the consulate ends up requiring a co-sponsor.

Thankyou for that very thorough explanation 😊i appreciate it. 

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