Proof of sponsor's income

[Mark Smith 0]

Hi, I've only recently started looking at the immigration process so I'm sorry if I have missed something really obvious.

My fiancée lives in America and I want to go and live with her so we have been looking at the K1 visa requirements.

The only issue is her income. Right at this moment it is enough to take her over the 125% income requirement but does it need to have been like that for a while?

It says you need to send tax returns for 3 years.

She used to be married and while she was married she worked less hours so had a lower income, below the 125% poverty level. Is this likely to cause a problem now? i'm thinking it probably will abd can't see a way around it.

Thanks for any advice you can offer.

Mark

[Zee Bee 61]

In most cases they are most concerned with current income. The number of tax returns also depends on what consulate you are going through. Some want just one, some may ask for 3.

If you are worried about her not meeting the poverty guidelines you can look into getting a cosponsor who would satisfy the requirement.

[Chica Yeyé 41]

In most cases they are most concerned with current income. The number of tax returns also depends on what consulate you are going through. Some want just one, some may ask for 3.

If you are worried about her not meeting the poverty guidelines you can look into getting a cosponsor who would satisfy the requirement.

Indeed, current income and earning potential are factors. Most folks line up someone to be a joint sponsor, which is useful!

Good luck in your process.

[Mark Smith 0]

Thanks for the info.

I think her current earnings will be fine. I was just worried about the length of time she had been working her current number of hours.

Actually, one more thing I couldn't see the answer to that someone might be able to help with. Is the 125% income before or after tax has been deducted?

Hopefully she will be fine either way because getting a sponsor probably wont be easy. Her family aren't very supportive.

[Zee Bee 61]

Thanks for the info.

I think her current earnings will be fine. I was just worried about the length of time she had been working her current number of hours.

Actually, one more thing I couldn't see the answer to that someone might be able to help with. Is the 125% income before or after tax has been deducted?

Hopefully she will be fine either way because getting a sponsor probably wont be easy. Her family aren't very supportive.

Before taxes.

FYI: The cosponsor does not have to be a family member. They need to either be a USC or LPR.

[Jack and Barbara 0]

Yea, I was wondering the same thing about 1 versus 3 year income returns. I have only been working for a 1 1/2 so I don't know if that would be a problem.

Also, does anyone know the current federal poverty income level? I'm sure I could google it but though it would be good public knowledge.

[Mark Smith 0]

Great, thanks.

Her current earnings before taxes are well above the 125% guideline of $17,500 so that shouldn't be a problem.

I know that a cosponsor doesn't have to be family but I'm not sure asking a friend would be a road we would be comfortable going down. I think if there was a problem with her income we would try to bring her into the UK instead to be honest.

[Mark Smith 0]

Also, does anyone know the current federal poverty income level? I'm sure I could google it but though it would be good public knowledge.

Unless I'm mistaken it's here -

http://travel.state.gov/visa/immigrants/info/info_1327.html

[Jack and Barbara 0]

Thanks. If her current earnings are over the min amount, then why get a cosponsor? I don't think Immigration concerns itself with how much many you have to back her up, so long as it meets their requirement.

[chuck_n_rose 0]

You should be okay as long as current income is over the poverty income. The letter from employer will also help to show that making over the line is not a temporary thing.

[trailmix 77]

Thanks. If her current earnings are over the min amount, then why get a cosponsor? I don't think Immigration concerns itself with how much many you have to back her up, so long as it meets their requirement.

I personally think they do look at past earnings, I also agree that if her income is currently sufficient you probably won't need a joint sponsor - but, as len has mentioned, "current income and earning potential are factors."

Now, if your wife was say a student - it seems reasonable that she hasn't been working before now - or only working part time, if she just hasn't worked for 'no reason', they might want to see those previous returns or an explanation of why she hasn't worked - like looking after children full time.

(E) Other Evidence of Income. For purposes of demonstrating means to maintain income, the total income, before deductions, in the sponsor’s tax return for the most recent taxable year will be generally determinative. There is no requirement to determine whether the sponsor would have met 125% (or 100%) of the governing Poverty Guideline before the most recent tax year. Income tax information from these years should only be used to take the earning trend into consideration when assessing current and future earning capability. link

Edited March 4, 2008 by trailmix

[Mark Smith 0]

She is a kindergarten teacher and has been working at the same place for 3 years. She was also a student for some of the last 3 years so didn't work as many hours. That was the part I was worried about.

She stopped going to college last year and works 40 hours per week so her current earnings are at a high enough level. I'm sure a letter from her employer saying that those are her regular hours now wouldn't be an issue.

Thanks again for the replies. They have been very useful.

[STEPHnRIA 2]

Ive been wanting to ask this question too...

My fiancee has only been working for only one year and a half now from this company. His income for 2007 is only $14,500. But last October 2007, he got promoted and his salary would be $25,000 for this year 2008. He was planning to go back to school but decided to put it aside for awhile since petitioning me as his fiancee is more important for him. So he took the job offer because he figured that he needs to meet the 125% requirement as he will be sponsoring for me and my son. At first, I figured that we can use a co-sponsor to play it safe but I found out from here that US Embassy Manila is not accepting co-sponsors for K1 visa. So right now, Im just hoping for the best. I know that I will never be a public charge as I have been travelling to the US every year. And I know my fiancee will never let that happen. Any advice here? Thank you so much.