Jump to content

15 posts in this topic

Recommended Posts

Posted (edited)

Hello Everyone, I've been so helped by reading all these posts for quite a while now - I really appreciate it! I'm finally posting a question now, and I shall try to be brief  :)

 

We are applying for a K-1 Visa in Viet Nam, and they very often do not allow co-sponsors there. I have income as a new truck driver now.

 

Basically, I just sent off my petition 1 month ago, and my next tax return (the one I will file January 2023) will show 25,000-30,000$.

My January 2024 tax return will show 50,000$+.

(all earlier tax returns are from when I was disabled, and are all below the poverty line). 

 

So, my current income level in now stellar, as is the evidence of our bona fide relationship (we lived together in Viet Nam for 3 years), but I am worried about past income (especially because, based on research, a co-sponsor is most of the time not allowed in HCMC, Viet Nam).

 

My Questions Are : Because my petition will not even be opened until sometime around April 2023, and then the interview should be scheduled for sometime around July 2023, should I then try to delay my interview until January 2024 - so I will have my 50,000$ tax return to show them? (I believe one can delay or reschedule their interview for many months later? One can also delay the medical exam for a few months?)

OR : Am I just being very excessive in my concerns, and maybe work history\income history is not nearly as important as current income level?

 

Thank you any and everyone in advance for any help/response! This site\community is so awesome and helpful, and we both really appreciate it!! :)

-Lee & Uyen

Edited by Lee & Uyen
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
2 hours ago, Lee & Uyen said:

should I then try to delay my interview until January 2024

Approved I-129F petitions expire.  Any delay by the petitioner or beneficiary will result in the case being denied. 

Posted (edited)

I see - thank you Mike - I appreciate it! 

I read in another post that it's possible to reschedule your interview for later, but it sounds like that has to be within an expiration period (which probably isn't very long, i'm guessing)...

 

So then, if I will wind up only having 1 tax return at around 27,500$ (no previous work history or previous decent income, because of my disability), and I also can show them a very high current income level, maybe that will be enough? I'm really worried about my past income\work history, especially because a co-sponsor won't be possible there... Any thoughts from anyone are much appreciated (it's so hard to find info about all this) - thnx!

Edited by Lee & Uyen
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

Your choice us to proceed with K-1 or get married and pursue  CR-1/IR-1 where you have more control over when the interview happens.  
 

Overall K-1 has few advantages. The major advantage of K-1 is if the the alien fiancé(e) has children aged 18-20.  Otherwise there is little reason to do K-1 now.  

Posted (edited)

Thanks for the response Mike! :) 

 

So it sounds like there's a good chance I'll have problems if I try to continue with the K-1?  (because of only having 1 tax return at around 27,500$ (no previous work history or previous decent income, because of my disability), although i would be able to show them a very high current income level)

Edited by Lee & Uyen
Filed: K-1 Visa Country: Serbia
Timeline
Posted (edited)

I think that current  income is more important~ Tax transcripts+employment letter+3-6 months pay stubs is what usually people prepare for interview~ 


If possible you should consider marriage and cr1 visa route. You will have to pay another fee, but your fiancé won’t have to go through AOS, expensive and long process and they will be able to work/travel. 

 

 

Edited by Kittinpaw
Posted

Thankx for your reply Kittinpaw! :) We're okay going through the AOS aspect, and really trying to avoid starting all over with a CR-1.. I'm just trying to figure out if it sounds very likely we'll run into trouble.. The more i look into it, it seems like we should do well just having a solid provable bona fide relationship, and a really good current income level.. I just wasn't sure how much previous income mattered (with only that one tax transcript at 27,500$ and all).. I'm reading again and again though that bona fide relationship and current income level are most important... Maybe we'll be okay.. So much time to risk though on a strong maybe... The CR-1 is also just really difficult for us to switch to now... Any more insight from anyone on how important previous income is would be very appreciated! Ok, thanks again :) -L&U

Posted (edited)
3 hours ago, Lee & Uyen said:

Thankx for your reply Kittinpaw! :) We're okay going through the AOS aspect, and really trying to avoid starting all over with a CR-1.. I'm just trying to figure out if it sounds very likely we'll run into trouble.. The more i look into it, it seems like we should do well just having a solid provable bona fide relationship, and a really good current income level.. I just wasn't sure how much previous income mattered (with only that one tax transcript at 27,500$ and all).. I'm reading again and again though that bona fide relationship and current income level are most important... Maybe we'll be okay.. So much time to risk though on a strong maybe... The CR-1 is also just really difficult for us to switch to now... Any more insight from anyone on how important previous income is would be very appreciated! Ok, thanks again :) -L&U

Your income for K1 should be fine. The I-134 is not binding.

You'll have to file the I-864 when your partner arrives and that's when income will be more important and/or you will also be able to submit a joint sponsor. 

I would continue with the K1 if that's what you feel comfortable doing. 

But, double check with your partner if she is okay with potentially not working or driving for maybe 12 months (EADs are speeding up according to some- but plan for the worst hope for the best). 

Check the requirements for obtaining a drivers in the state you plan to live in.

Many people think they are okay with being completely dependent on their partner but if you are a truck driver and not at home for a few days to a week or more at a time... your partner might find the adjustment very difficult. 

Edited by ROK2USA
Posted
5 hours ago, Mike E said:

Approved I-129F petitions expire.  Any delay by the petitioner or beneficiary will result in the case being denied. 

That's not entirely true, although maybe that could be country specific. After we were approved by the NVC, we delayed our interview  for the K1 for about 8 months.

I'm not saying that would be necessary for this situation here though.

Posted

Without checking again, I think the instructions for the I-134 asks for income for the last year, mandatory and 2 additional years, optional.

OP will make 30k this year so by tax time next year when the petition reaches the embassy, he will be above the poverty minimum. That and current paystubs should be more than sufficient to meet the requirement

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
9 hours ago, Sarah&Facundo said:

That's not entirely true, although maybe that could be country specific. After we were approved by the NVC, we delayed our interview  for the K1 for about 8 months.

I'm not saying that would be necessary for this situation here though.

 

It is not country specific.  I-129F, by default, expires 4 months after approval (by USCIS).  The NVC and consulate, at their discretion, can extend it.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#:~:text=The I-129F petition is,before visa processing is completed.

 

 

During covid the NVC automatically extended everyone's I-129F due to embassy closures and subsequent backlogs.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...