Husband (sponsor) was a student last year but makes more than enough money now.

[mbssss 105]

20 minutes ago, Kani2015 said:

I had the same issue. I had great current income but my past income was very low due to being a student. What I decided to do was wait a few months in order to file the most recent years’ tax return. Once I did that, I finally submitted everything to NVC March 2020. It was frustrating to wait but I couldn’t chance needing a joint sponsor, since for me too, it was not an option. All thanks to God, we got DQ shortly after submitting everything. 
 

You have 2 options, you can submit everything now, wait to hopefully get DQ, but just know they will most likely say you need a joint sponsor if your past income on your 2019 tax return was $0/low income. What they might do is DQ your documents but then say you will need to provide a joint sponsor at the time of interview, in which case you might be ok with just submitting your new tax returns for 2020 next year and bringing those to your interview. The other option is just wait a few months (until January 2021) so that you can submit everything all at once and not need to worry about them asking for a joint sponsor. Best of luck! 

Waiting would be ideal but my current Visa expires later this year as I graduate and I would prefer to not overstay. What we might do is provide an employment letter, as many paystubs as possible, evidence that he was a student the previous years and mention in our cover letter that we will bring more paystubs as well as his tax return as it is likely that we will not have an interview until sometime next year. 

[Kani2015 85]

6 minutes ago, mbssss said:

Waiting would be ideal but my current Visa expires later this year as I graduate and I would prefer to not overstay. What we might do is provide an employment letter, as many paystubs as possible, evidence that he was a student the previous years and mention in our cover letter that we will bring more paystubs as well as his tax return as it is likely that we will not have an interview until sometime next year. 

Yeah I would agreeing not overstaying is best. Last thing you want during a visa process is to face legal issues. Like I said, you will have a chance to better explain your situation to the CO at the time of the interview, as well as provide the updated tax transcripts. 

[Cheburashka34 228]

13 minutes ago, Kani2015 said:

It’s hard to know the exact chances because every case is unique. From what I’ve read from other people’s experiences, NVC tends to look mostly based off of the number you provide them with your last tax return. If it’s over, you’re good. If you’re under, they’ll ask for a joint sponsor. However, at the time of the interview, it seems they look at total circumstances. In my opinion, it looks like you have a good chance of not needing a joint sponsor since your are $5,000 above and not just slightly over like $1,000. If you’ve had that income for the past 3 years, it increases your chances of not needing the sponsor, as well. However, if you will only be over by $5,000 for the first time by the time you file for 2020, it might make the chances decrease a little. But like I said, that’s where the interview comes in and the CO has a better chance at looking at total circumstances (you are a student and once you graduate, God willing you can make more money). Good luck!

Thank you so much for your help

[SteveInBostonI130 3,328]

1 hour ago, Cheburashka34 said:

Yes I'm assuming if everything goes well with the K1 I will be submitting my 2020 tax return and I'm estimating I'll only make about $5,000 above the 125% requirement and have about $25,000 in my savings. I'm worried because I'd really like to not use a joint sponsor. My job is low income right now since I'm still in school.

Hi,

 

First, for K1, it is only 100% of the poverty line.  Form I-134.  It is filled out by the petitioner but the applicant (fiance) will take it to her/his interview.  The CO will look at it and evaluate accordingly.

 

Second, you guys will not be submitting anything to the NVC.  Their role in K1 is to assign a case number and send off the packet to the embassy.  They will have no interaction with you. 

 

Third, you will eventually need to meet the 125% poverty line when your fiance arrives in the US, you guys marry, and file for adjustment of status.  That gives you about a year, maybe two, to get your income in order.

 

[SteveInBostonI130 3,328]

19 hours ago, mbssss said:

My husband was a student last year and graduated this year and now works at a full-time job making about 3x more than the minimum amount for the affidavit of support. 

 

He was a student the past few years and his income was clearly limited those years (i.e. below the minimum) which is reflected on his tax returns. He did work  at an internship full-time during the summer and part-time during the semester and has worked during breaks the years before that as well for additional income.

 

Our question is, would it be a good idea to provide proof that he was a student (diploma, trancripts) in addition to his steady employment history while being a student? Will this be a problem in terms of the affidavit of support even though he makes enough money now and we can provide them with a letter from the employer and paystubs?

 

Just looking to get some help on deciding if we need to submit this extra documentation or if his letter and paystubs will be enough. Getting co-sponsor is not an option as his parents do not make enough money. 

 

 

 

Tax returns prove past income and is used to evaluate current income for someone in a steady job or career.  In your case, with your husband just starting a job after university, pay stubs and a letter from the employer will be more relevant for evaluation for current income.

 

You can submit evidence of him being in school, but only the CO will evaluate that during the visa interview.  Ultimately, it will be his/her call on whether your situation is ok or if you will need a joint sponsor. 

 

If you are just starting the spouse visa process, it will be next year by the time of your interview.  That should give you guys time to submit 2020 tax return information along with his current income in 2021.

 

[Cheburashka34 228]

4 minutes ago, SteveInBostonI130 said:

Hi,

 

First, for K1, it is only 100% of the poverty line.  Form I-134.  It is filled out by the petitioner but the applicant (fiance) will take it to her/his interview.  The CO will look at it and evaluate accordingly.

 

Second, you guys will not be submitting anything to the NVC.  Their role in K1 is to assign a case number and send off the packet to the embassy.  They will have no interaction with you. 

 

Third, you will eventually need to meet the 125% poverty line when your fiance arrives in the US, you guys marry, and file for adjustment of status.  That gives you about a year, maybe two, to get your income in order.

 

Yes thank you so much. I do know I-134 is 100% but I figured since you file for AOS right after you get married it's the same year and I would eventually need to show I make 125%. Is that incorrect? 

I will have this job for the rest of the year and half of next year. I don't graduate until June of next year.

I also read a post on here that was talking about there have been a lot of cases where people are denied even if they make over the amount so I was just curious.

[SteveInBostonI130 3,328]

2 minutes ago, Cheburashka34 said:

Yes thank you so much. I do know I-134 is 100% but I figured since you file for AOS right after you get married it's the same year and I would eventually need to show I make 125%. Is that incorrect? 

I will have this job for the rest of the year and half of next year. I don't graduate until June of next year.

I also read a post on here that was talking about there have been a lot of cases where people are denied even if they make over the amount so I was just curious.

Hi,

 

I noticed that you submitted for K1 this month on your timeline.  Normal approval takes 5-7 months.  Therefore, Jan 2021 for your approval, Feb 2021 for the packet to be sent to the embassy from NVC. 

 

Earliest interview would be March 2021, but I have heard that Moscow has long delays for K1 interview.  This was before Covid.  June 2021 would non be unexpected for the interview.  

 

So, July 2021 for your fiance to enter the US.  Then 3 months to get married.  You could marry right away or wait a month or two.  Then a month to prepare for the I-485.

 

Let's say Sept 2021 for your I-485.  That gives you a year to sort out your finances.  If you graduate in June 2021, and get a good job within a couple of months, that should sort you out for the current income requirement.  Or you guys can wait a bit for your fiance to enter the US (visa is valid for 6 months from the date of the medical) and also wait a bit before getting married, which has you submitting AOS in 2022.  More time to get your finances in order.

 

 

[Cheburashka34 228]

6 minutes ago, SteveInBostonI130 said:

Hi,

 

I noticed that you submitted for K1 this month on your timeline.  Normal approval takes 5-7 months.  Therefore, Jan 2021 for your approval, Feb 2021 for the packet to be sent to the embassy from NVC. 

 

Earliest interview would be March 2021, but I have heard that Moscow has long delays for K1 interview.  This was before Covid.  June 2021 would non be unexpected for the interview.  

 

So, July 2021 for your fiance to enter the US.  Then 3 months to get married.  You could marry right away or wait a month or two.  Then a month to prepare for the I-485.

 

Let's say Sept 2021 for your I-485.  That gives you a year to sort out your finances.  If you graduate in June 2021, and get a good job within a couple of months, that should sort you out for the current income requirement.  Or you guys can wait a bit for your fiance to enter the US (visa is valid for 6 months from the date of the medical) and also wait a bit before getting married, which has you submitting AOS in 2022.  More time to get your finances in order.

 

 

Oh wow thank you. You got everything sorted out for me! Although I just love him so much I'd like to get him here and us married as soon as we can. Moscow interviews are really backlogged? More so than others?

[mbssss 105]

24 minutes ago, SteveInBostonI130 said:

 

Tax returns prove past income and is used to evaluate current income for someone in a steady job or career.  In your case, with your husband just starting a job after university, pay stubs and a letter from the employer will be more relevant for evaluation for current income.

 

You can submit evidence of him being in school, but only the CO will evaluate that during the visa interview.  Ultimately, it will be his/her call on whether your situation is ok or if you will need a joint sponsor. 

 

If you are just starting the spouse visa process, it will be next year by the time of your interview.  That should give you guys time to submit 2020 tax return information along with his current income in 2021.

 

Thank you so much. Your answer is very helpful.