K1 visa both living abroad income/domicile help please

[thomas23 0]

Hi, I am a USA citizen living in Australia with my fiancée.

We are wanting to start the k1 visa process ASAP, but I have a few questions that i just cant seem to find the answer to anywhere, I was hoping I could get some help on here.

I am wanting to know if my Australian income is relevant for the income requirements and if not, how much money would i need and is this okay for it to be in savings in my Australian account or would I have to transfer it to my USA account? Or would I need a sponsor? And is this the same as an affidavit of support?

I am a NZ citizen as well , and have lived in NZ my whole life, besides the last 6 months in Melbourne, and a USA citizen from my mother but have never lived in the USA (only for 5 months but I did work part of that time, in which I did file taxes), what will I fill out on the form when it comes to USA tax?

Thank you so much!!!

Thomas

[Anh map 2,098]

The US taxes on worldwide income. So you will need to sort out tax returns for the most recent 3 years. (2013 - 2015). You may not owe tax, but likely required to file tax returns. This isn't needed immediately, but it is part of the overall process to get your fiancee a green card.

You will need to show intent / evidence of a US domicile.

The affidavit of support is required from you regardless of income. It needs to be an income that would continue when you move to the US. Assets in lieu of income are valued at 3:1 or 5:1 ($3 in assets == $1 of income) At 3:1 you need to show liquid assets of a bit over $60,000.

Read the VJ Guides to more information as well as in the regional forum to find out what others from Oz have experienced.

It won't be as simple as you hoped.

Edited March 7, 2016 by Anh map

[Penguin_ie 5,986]

Foreign income doesn't count, as it ends when you immigrate.

If you can find a co-sponsor, that would be easiest. Foreign assets counting are very embassy dependent; some count it, but only at x5 the amount of income needed, some only count it if you transfer the money to the USA (so the government can access it easier should it be needed), and a rare few allow x3. I would strongly recommend transfer to the USA of any assets; it will help with the affadavit of support as well as prove you are serious about establishing domicile in the USA.

[kurto 0]

Hi Thomas,

I'm also a US citizen, living in AU (have never been to US) and currently at the interview stage for my fiance's K1 visa.

As everyone has stated, they only care about US income. The whole thing is, they need to make sure neither of you will become a public charge (ie go on the dole), so having US income above the poverty level is mandatory. I checked a lot of states are around US$20,000. If you have any relatives there that are working, ask them to be your co-sponsor. You still have to fill out the affidavit, but they also have to fill out a form where they provide their US income, tax returns etc etc.

I read on a few forums (I think on this site) that IF your current AU job will be continuing when you move to the US (that's my plan), get a letter from your employer that states you will continue to be paid etc etc. This should be enough for the embassy to be confident you have the money. Or, if you have a NEW employer in the US already, get a letter from them. If you are not planning on being employed straight when you arrive, you'll need to go with my first suggestion of a co-sponsor.

We've made it to the interview stage without needing any info on my income, so if they reject it, it'll be them asking for more proof of income, at which point I'll get my US cousins to be my co-sponsor.

A quick summary of our progress - we submitted the petition in November last year, approved a few weeks later, we completed the DS-160 and paid for it, approved a few weeks later and the interview was booked for end of march (we had to reschedule as it was too soon for us). Many people say it takes 6-9 months, but for us it's been a breeze!

[thomas23 0]

Hi Thomas,

I'm also a US citizen, living in AU (have never been to US) and currently at the interview stage for my fiance's K1 visa.

As everyone has stated, they only care about US income. The whole thing is, they need to make sure neither of you will become a public charge (ie go on the dole), so having US income above the poverty level is mandatory. I checked a lot of states are around US$20,000. If you have any relatives there that are working, ask them to be your co-sponsor. You still have to fill out the affidavit, but they also have to fill out a form where they provide their US income, tax returns etc etc.

I read on a few forums (I think on this site) that IF your current AU job will be continuing when you move to the US (that's my plan), get a letter from your employer that states you will continue to be paid etc etc. This should be enough for the embassy to be confident you have the money. Or, if you have a NEW employer in the US already, get a letter from them. If you are not planning on being employed straight when you arrive, you'll need to go with my first suggestion of a co-sponsor.

We've made it to the interview stage without needing any info on my income, so if they reject it, it'll be them asking for more proof of income, at which point I'll get my US cousins to be my co-sponsor.

A quick summary of our progress - we submitted the petition in November last year, approved a few weeks later, we completed the DS-160 and paid for it, approved a few weeks later and the interview was booked for end of march (we had to reschedule as it was too soon for us). Many people say it takes 6-9 months, but for us it's been a breeze!

Thank you for your reply, you were very helpful.

Please let me know how your interview goes, would love to know.

Thank you,

Thomas