I-134 AfoS - Fiancé doesn’t have a set salary

[Mattie0212 9]

Hi everyone 

 

So I’m just planning ahead... My fiancé is a server, so doesn’t have a set salary. 

He sponsored me on my failed tourist visa application (the CO didn’t even look at my documents). So I have the current form with me. Anywho.. he made enough to sponsor me (based on the poverty guidelines) and has done for the past 3 years. 

My question is, though his salary isn’t set but meets sponsor requirements, should we put his average salary or the salary he made in the last tax year on the form?

 

Also the b2 was filed in July and the AfoS was dated in July also.. will he need to fill a new form though all the information is the same? 

Edited August 17, 2019 by Mattie0212

[Hank_ 9,171]

Gross Income as listed on his tax return.

[p-ana 933]

The affidavit of support is needed at the interview, so it should be dated close to it.

[jaysaldi 208]

As a general rule, Americans don't "sponsor" tourist visa applicants, so it was probably a bad idea to include such documents for a tourist visa application. Also, if you're from the UK, you could have visited for 90 days under the visa waiver program. Europeans who are eligible for the visa waiver program who apply for tourist visas to stay longer often get denied.  Because if you can spend 4+ months in the USA it suggests your ties to the UK aren't too strong.

 

They asked me for last year's tax transcript. When I filed out the I-134 I just listed the amount of income I earned last year, as reflected on the tax return. If that's over the minimum, and he's still employed, it should be fine.

Edited August 17, 2019 by jaysaldi

[Wuozopo 4,285]

3 hours ago, Mattie0212 said:

Hi everyone 

 

So I’m just planning ahead... My fiancé is a server, so doesn’t have a set salary. 

He sponsored me on my failed tourist visa application (the CO didn’t even look at my documents). So I have the current form with me. Anywho.. he made enough to sponsor me (based on the poverty guidelines) and has done for the past 3 years. 

My question is, though his salary isn’t set but meets sponsor requirements, should we put his average salary or the salary he made in the last tax year on the form?

 

Also the b2 was filed in July and the AfoS was dated in July also.. will he need to fill a new form though all the information is the same? 

For the form, you want a figure that can be backed up with documentation. Without a set salary that an employer could provide in a letter, then his Total Income as reported on his tax return is the figure to use. If you haven't yet started the K1 process, it is likely he will have a new tax return (2019) by the time you interview in London. Providing a new I-134 and the upcoming 2019 tax return (with W2) would be best for your interview.

[Mattie0212 9]

Hey everyone 

 

Thank you for your responses. 

 

I applied for a tourist visa visa because I was denied entry the last time I flew to the states. 

 

Thank you for your advice. I will take heed and get a new form closer to the time. I have already started my K1 process and I already have his tax transcripts for the last 3 years so a little ahead of the game. 

Hopefully I will interview before the next fiscal year. 

 

Thanks again 🙏🏾

 

 

[SalishSea 16,746]

5 hours ago, Mattie0212 said:

Hi everyone 

 

So I’m just planning ahead... My fiancé is a server, so doesn’t have a set salary. 

He sponsored me on my failed tourist visa application (the CO didn’t even look at my documents). So I have the current form with me. Anywho.. he made enough to sponsor me (based on the poverty guidelines) and has done for the past 3 years. 

My question is, though his salary isn’t set but meets sponsor requirements, should we put his average salary or the salary he made in the last tax year on the form?

 

Also the b2 was filed in July and the AfoS was dated in July also.. will he need to fill a new form though all the information is the same? 

There is no sponsorship for tourist visas.

[Wuozopo 4,285]

2 hours ago, Mattie0212 said:

I have already started my K1 process

You should make a timeline so answers can better fit your current progression through the process 

[Boiler 43,397]

Others have ealt with the Tourist misunderstanding, one thing London does is allow you to self sponsor a K1, something to bear in mind.

[Mattie0212 9]

14 hours ago, Boiler said:

Others have ealt with the Tourist misunderstanding, one thing London does is allow you to self sponsor a K1, something to bear in mind.

Ooohh... this is news to me... what does self sponsorship involve??

[Boiler 43,397]

Showing you have enough savings for 90 days, not sure what that amount is currently.

[Mattie0212 9]

1 hour ago, Boiler said:

Showing you have enough savings for 90 days, not sure what that amount is currently.

I will definitely look into it for sure!! Thanks for the tip 🙂