Question regarding K-1 Visa Interview (Sponsorship)

[Lucapalooza 0]

My fiancé finally got her K-1 Visa interview scheduled for May 10, 2021. We are very excited, but also there's this nervousness that has clouded our lives for the last week or so since the scheduling of the interview.

I came here after reading some posts in hopes to get a couple answers regarding the interview process.

I am her sponsor for entering the U.S., obviously, but I lost my job about a year ago (the one on my i129f and affidavit of support) due to covid. I started working FOR my fiancé who makes $365k+ /year around aa month after I lost my job and have been making 5k/month since then from her.

Sounds great right, just fill out another affidavit of support and have her bring that with her with some employment verification right? 

The only issue is, that we have combined our finances. All of the money she makes, along with any money I WOULD be making have gone straight to her Canadian Savings account. We did this instead of paying me directly to save on transfer costs, loss of $ due to CAD > USD conversion and because if I ever need anything I just use her credit card. But we still agreed that I make 5k/month of whatever goes into her savings. This was all because we wanted her savings account to go towards us buying a new house once she's in California with me. Her savings acocunt currently has near $400,000 usd in it, so it would be very easy to print out bank statements to prove that source of income.

Will HER technically being my employer, while I'm supposed to be HER sponsor affect anything? Also, how do I prove employment at that point? Should I have her sign a legal document (statement of employment, official document of job offer, and acceptance of salary amount) and bring those with her just in case?

OR when they ask her what I do for a living should she just say what was written on my i-129f and affidavit of support (I was a government analyst for the State of California for 3.5 years making 3600/month). That would be lying and EVERYONE says the best bet is to not lie, but WOULD they know I lost my job due to layoffs at all? What information about me do they have besides what I've given them. It's my understanding that at the interview point the visa office isn't concerned about financials anymore, and are mainly concerned about the validity of the relationship.

Can someone please clear my head of all of this fog? We're struggling to find a good answer and the immigration lawyer we paid to answer these same questions was super ambiguous and unhelpful for the amount of money we paid him.

Edited April 25, 2021 by Lucapalooza

[SalishSea 18,238]

Yes of course they will know that you lost your job.   Have you looked at the I-134 at all?    How would you falsify still having that job with no current income evidence from it?

 

You cannot use foreign income to sponsor an immigrant that will not continue once the person immigrated.   And as she won’t be working for 8 months or so after immigrating, I assume that source of income will stop also.

I’m not sure what you mean by them “not being concerned about financials,” but that is incorrect.   Every potential immigrant is required by law to be evaluated per the public charge rule of inadmissibility. 

[Lucapalooza 0]

2 hours ago, Jorgedig said:

Yes of course they will know that you lost your job.   Have you looked at the I-134 at all?    How would you falsify still having that job with no current income evidence from it?

 

You cannot use foreign income to sponsor an immigrant that will not continue once the person immigrated.   And as she won’t be working for 8 months or so after immigrating, I assume that source of income will stop also.

I’m not sure what you mean by them “not being concerned about financials,” but that is incorrect.   Every potential immigrant is required by law to be evaluated per the public charge rule of inadmissibility. 

I wouldn't be using "foreign income" .

She's a professional Twitch streamer and her income is made from the U.S. in the first place. Every dollar she makes actually loses value as it gets converted to CAD once she gets a monthly payout.

Are you saying she wouldn't be able to continue streaming once she entered the U.S.?

Also, regarding, 'falsifying still having that job', and "have I looked at the I-134 at all" I filled out everything on the I-134 in accordance with me working with her. I make $5,000 a month helping her right now which is $1,500 more than I was making before. So I'm not falsifying anything. 

My initial affidavit and old documents were all pertaining to my previous job, which is why I initially asked that question.

In regards to "not being concerned about financials", our previous immigration lawyer told us that, "the Visa interview isn't an interrogation, rather it's done to help ascertain the validity of the relationship, and is not really focused on the financial aspect as much." So I'm literally just regurgitating his statements. Sorry if I wasn't clear.
 

Edited April 25, 2021 by Lucapalooza

[NandV 87]

I think you may have to look into a joint sponsor, maybe a parent? Also, she will not be able to work in the US until she receives her work authorization, which could take months unfortunately 

[Lucapalooza 0]

10 hours ago, NandV said:

I think you may have to look into a joint sponsor, maybe a parent? Also, she will not be able to work in the US until she receives her work authorization, which could take months unfortunately 

My parents both make $110k+ / year. 
I was under the understanding that I have to be the one that sponsors her? Can my Father joint sponsor with me and me have "no job" ??

thank you for the replies, this forum sometimes has a bad reputation of people being mean to new people.

[carmel34 3,664]

17 hours ago, Lucapalooza said:

I make $5,000 a month helping her right now which is $1,500 more than I was making before. So I'm not falsifying anything.

The problem with this arrangement, as you've described it, is that at some point, either her K-1 visa interview in Montreal or later during Adjustment of Status after marriage in the US, she will be asked for your US tax transcript and evidence of your current income as her primary financial sponsor.  Are you filing US tax returns with the IRS for the $5K per month?  And as others have pointed out, she will not be able to work in the US for 6-8 months until she gets her EAD, so what are your plans for that long period of time?  For you to file a tax return in the US you will need at a minimum a 1099 from her company in Canada.  Lots to consider here, you may want to consult with an experienced tax accountant who knows everything about the US/Canada tax treaty.  Also a joint sponsor may be the best route to go as an IO may see the $5K per month you are getting for "helping" her as fishy.  Good luck!

Edited April 26, 2021 by carmel34

[SalishSea 18,238]

1 hour ago, Lucapalooza said:

My parents both make $110k+ / year. 
I was under the understanding that I have to be the one that sponsors her? Can my Father joint sponsor with me and me have "no job" ??

thank you for the replies, this forum sometimes has a bad reputation of people being mean to new people.

Often new people want things sugar-coated, rather than hearing the truth.

[SalishSea 18,238]

If she enters on a K-1 non immigrant visa, she will not be able to continue “streaming,” or work of any type, without an EAD.

 

That is a well-known drawback of the K visa.   If that would be a problem for her, I suggest you look at a CR-1.

[Lucapalooza 0]

18 minutes ago, carmel34 said:

The problem with this arrangement, as you've described it, is that at some point, either her K-1 visa interview in Montreal or later during Adjustment of Status after marriage in the US, she will be asked for your US tax transcript and evidence of your current income as her primary financial sponsor.  Are you filing US tax returns with the IRS for the $5K per month?  And as others have pointed out, she will not be able to work in the US for 6-8 months until she gets her EAD, so what are your plans for that long period of time?  For you to file a tax return in the US you will need at a minimum a 1099 from her company in Canada.  Lots to consider here, you may want to consult with an experienced tax accountant who knows everything about the US/Canada tax treaty.  Also a joint sponsor may be the best route to go as an IO may see the $5K per month you are getting for "helping" her as fishy.  Good luck!

My question still is, "I was under the understanding that I have to be the one that sponsors her? Can my Father joint sponsor with me and me have "no job" ??"

Also her job isn't in Canada, Twitch is a company in America already and she also makes a ton of money off of Patreon every month. the thing is, even without moving a finger, loggin on to twitch, or posting on her Patreon, she would still be receiving money from subscriptions regardless of her "working" at all. So Idk if that matters or not.

My main question is still, "will my father doing a joint sponsor fix the situation and not have me struggling to explain my current job"?

[Lucapalooza 0]

Just now, Jorgedig said:

If she enters on a K-1 non immigrant visa, she will not be able to continue “streaming,” or work of any type, without an EAD.

 

That is a well-known drawback of the K visa.   If that would be a problem for her, I suggest you look at a CR-1.

What is an EAD? I'm not too hip on the acronyms.

Also, even without streaming or doing any sort of work whatsoever she still makes money from subscriptions. Think of it as someone who is a professional Youtube-er. Even if they don't 'work' by posting new videos, all of their old video still make money as more people view the videos. 

I hope I'm clarifying things here, but I'm afraid I'm just making things more muddled haha

[SalishSea 18,238]

25 minutes ago, Lucapalooza said:

What is an EAD? I'm not too hip on the acronyms.

Also, even without streaming or doing any sort of work whatsoever she still makes money from subscriptions. Think of it as someone who is a professional Youtube-er. Even if they don't 'work' by posting new videos, all of their old video still make money as more people view the videos. 

I hope I'm clarifying things here, but I'm afraid I'm just making things more muddled haha

Please read the guides and educate yourself on the AOS process.

[SteveInBostonI130 3,489]

55 minutes ago, Lucapalooza said:

What is an EAD? I'm not too hip on the acronyms.

Also, even without streaming or doing any sort of work whatsoever she still makes money from subscriptions. Think of it as someone who is a professional Youtube-er. Even if they don't 'work' by posting new videos, all of their old video still make money as more people view the videos. 

I hope I'm clarifying things here, but I'm afraid I'm just making things more muddled haha

 

Officially, she is not allowed to work once she enters the US on a K1 visa.  This includes online or remote work.  A streamer is technically self-employed, iirc.  She cannot work as self employed, and may need to suspend her twitch account until she gets her EAD - Employment Authorization Document.

 

Your "salary" does not qualify, because it is based on foreign income.  Even though she is on Twitch, she is currently a resident of CA and is your employer.  Therefore, your salary from her is "foreign income".  

 

Yes, you can ask your parents or other family to be a co-sponsor.  Some embassies do not accept co-sponsors, but I think Montreal does.   Hopefully someone from CA can clarify.  You can also use YOUR own savings account or other assets.  Because you are not married, you cannot use the joint account with her, unless you have free and clear access.  This gets murkey and again I will need to ask others with more experience to chime in.

 

I recommend you to take some time and discuss the situation with your fiance.  Even though you guys are close to getting the K1 visa, perhaps a CR1 spouse visa is better overall.  That way she can continue working in CA and can immediately work in the US when she immigrates.  She would not need to disrupt her twitch status, other than maybe taking a few days off to move and set up again in California.  However, this would add a year+ to your immigration timeline.

[NandV 87]

1 hour ago, Lucapalooza said:

What is an EAD? I'm not too hip on the acronyms.

Also, even without streaming or doing any sort of work whatsoever she still makes money from subscriptions. Think of it as someone who is a professional Youtube-er. Even if they don't 'work' by posting new videos, all of their old video still make money as more people view the videos. 

I hope I'm clarifying things here, but I'm afraid I'm just making things more muddled haha

Honestly, this is a very complicated situation. The immigration process was not set up to accommodate for careers such as social media/influencers. I don't know how it will work with subscriptions, this would be something to consulate with a lawyer in this case. She will not be able to earn an income basically, regardless if the company is in Canada or the US. She is legally not allowed to work until her work authorization card comes in, which can take months. 

This is the same problem we have. My fiance can easily work remotely too, but due to this rule, he will have to leave his job in India and wait until his EAD comes in before working in the US.

You are the primary sponsor and will fill out your I-134. However, one of your parents can be a joint sponsor. You will have to look that up to understand the process. 

Take this with a grain of salt, but she may have to turn off her channels to truly not earn an income after she comes over on the K1. I know this can be a big thing if you disappear from the public eye for 6-8 months. You may want to consider moving to Canada or getting married and then starting over with CR-1. With a CR-1, she would not have to give up on her income

[Just Paul 4,595]

1 hour ago, Lucapalooza said:

Also her job isn't in Canada, Twitch is a company in America already and she also makes a ton of money off of Patreon every month. the thing is, even without moving a finger, loggin on to twitch, or posting on her Patreon, she would still be receiving money from subscriptions regardless of her "working" at all. So Idk if that matters or not.

She would be working while in the US.   Technically she is an independent contractor but she isn't authorized to work.  Subscriptions are handled as "Rents and Royalties" otherwise known as passive income.  Getting that is no problem as long as she isn't "adding content".

 

A K1 isn't the right visa in this case.

[Lucapalooza 0]

1 hour ago, NandV said:

Honestly, this is a very complicated situation. The immigration process was not set up to accommodate for careers such as social media/influencers. I don't know how it will work with subscriptions, this would be something to consulate with a lawyer in this case. She will not be able to earn an income basically, regardless if the company is in Canada or the US. She is legally not allowed to work until her work authorization card comes in, which can take months. 

This is the same problem we have. My fiance can easily work remotely too, but due to this rule, he will have to leave his job in India and wait until his EAD comes in before working in the US.

You are the primary sponsor and will fill out your I-134. However, one of your parents can be a joint sponsor. You will have to look that up to understand the process. 

Take this with a grain of salt, but she may have to turn off her channels to truly not earn an income after she comes over on the K1. I know this can be a big thing if you disappear from the public eye for 6-8 months. You may want to consider moving to Canada or getting married and then starting over with CR-1. With a CR-1, she would not have to give up on her income

 

1 hour ago, Paul & Mary said:

She would be working while in the US.   Technically she is an independent contractor but she isn't authorized to work.  Subscriptions are handled as "Rents and Royalties" otherwise known as passive income.  Getting that is no problem as long as she isn't "adding content".

 

A K1 isn't the right visa in this case.

 

We have two notices we received recently, one from US Immigration and one from the Visa interview office in Montreal.

On the notice from immigration it says:

DO NOT BRING the affidavit of support or financial evidence.

And then on the appointment notice it said:

Do note that this notice was from our initial appointment back in September 2020, and that the new notice DID NOT have the I-134 requirement on it.

 

So that bit is confusing. Also, for the affidavit of support I still haven't really gotten much clarification here on if my dad being a joint sponsor means that me not having a job currently would not matter or not?
Someone please clarify for me, and do so as if to a 13 year old.
 

Edited April 26, 2021 by Lucapalooza
clarified