Income History, etc

[Lee & Uyen 0]

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 May 18, 2022 by Lee & Uyen

[Mike E 11,726]

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. 

[Lee & Uyen 0]

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 May 18, 2022 by Lee & Uyen

[Mike E 11,726]

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.  

[Lee & Uyen 0]

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 May 18, 2022 by Lee & Uyen

[Maki&Kiki 123]

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 May 18, 2022 by Kittinpaw

[Lee & Uyen 0]

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

[Mike E 11,726]

I’ve seen cases with an income story not as good as yours get approved.  

[Maki&Kiki 123]

Isn’t 27.500 already above the 125% FPL for family of 2? If i remember well, above 100% is for I-134 and above 125% for AOS. 

[Redro 4,601]

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 May 18, 2022 by ROK2USA

[Sarah&Facundo 577]

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.

[Lee & Uyen 0]

Thanks So Much Everyone for your replies! We feel so much better now!! I think we shall proceed with K-1 and it will likely be fine 👍  Thanks Again

[randy32 165]

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

[SteveInBostonI130 3,328]

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.

[Lee & Uyen 0]

Just wanted to thank you all again for your replies, concern, and help.  This community is such an elixir for the difficult stressful maze of immigration. Best of luck to everyone!