Poverty Line - Fiance has job offer but starts Aug 2008

[SydneytoWaco 0]

I am new to this forum but I want to thank you all in advance for the information you have compiled here. It has been invaluable in the preparation of my fiance and I in regards to our K1 visa.

The only issue we are concerned with is this: She has been a graduate student, and before that an undergraduate student, since she left high school and thus has only earned about $12K in the past year as a teaching assistant. She was recently, March 2008, offered a job which she has signed an acceptance for and returned to her employer. The job is well and truly above the $17500 poverty line and is with a steady employer (a university). The offer is genuine and money isn't an issue however as I stated before she will not start working there until August 2008 and we would like to start applying for the K1 before I return home (22 April 2008).

Will this offer of employment alone suffice as exceeding the poverty line?

[Zee Bee 61]

The point where income is asked for is at the interview stage. At the petitioning stage, they will not ask about it.

When it comes time for the interview she may be asked to supply a letter from her employer, tax returns and W2's, paystubs, etc. They will need to have proof of employment, not just an offer letter.

[eric_and_teresa 10]

Like Zee said, the job offer is not enough.

If your interview is scheduled after August when she is already working, then she will have an employment letter, so that could work. But still, she'll have to submit the tax declarations of the past years, and she did not meet the minimum income requirement in the past.

I suggest you start looking at the possibility of having a co-sponsor.

[SydneytoWaco 0]

Thank you for both of your replies. I understand that she will need her letter of employment from the employer once she has started working there and I am confident that if we send our application in late April, as we plan to do, that should leave enough time for her to start working.

I am however failing to find anywhere that states that you need past tax returns to prove your income. Wouldn't a letter of employment and some pay checks/copies of bank records showing the depositing of a steady income be sufficient?

If there are instructions stating that she needs her tax return to reflect her income can you please point me to that.

[Zee Bee 61]

Thank you for both of your replies. I understand that she will need her letter of employment from the employer once she has started working there and I am confident that if we send our application in late April, as we plan to do, that should leave enough time for her to start working.

I am however failing to find anywhere that states that you need past tax returns to prove your income. Wouldn't a letter of employment and some pay checks/copies of bank records showing the depositing of a steady income be sufficient?

If there are instructions stating that she needs her tax return to reflect her income can you please point me to that.

A tax return is used to prove the income earned. It is the easiest, simplest, most hassle free way of proving income to the CO. It may not be on the instructions, but the consulate will most probably ask for it. From the OF-167 which outlines the public charge provisions:

To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;
2. A statement from his or her employer showing salary and the length and permanency of employment;
3. A statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance;
4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

Source: http://www.exit.com/~frank/Visa/of167.htm

[SydneytoWaco 0]

Thanks again ZeeNusah.

With her current student income earned as a teaching assistant and my assets, cash and shares, we would have enough to qualify still. So I think the best course of action will be to try and have them accept her letter of employment (when she gets it in August) as well as her financial records as you stated above. I will also bring with me to the interview her tax returns and my financial records as that will also meet the necessary amount.

I just hope they accept the former because it easily clears the minimum needed whereas her current student income and my assets is not half as impressive!

[Zee Bee 61]

Thanks again ZeeNusah.

With her current student income earned as a teaching assistant and my assets, cash and shares, we would have enough to qualify still. So I think the best course of action will be to try and have them accept her letter of employment (when she gets it in August) as well as her financial records as you stated above. I will also bring with me to the interview her tax returns and my financial records as that will also meet the necessary amount.

I just hope they accept the former because it easily clears the minimum needed whereas her current student income and my assets is not half as impressive!

One thing you could do is have your fiancee write a letter explaining her situation. I was at my job just over a year after grad school before my fiance had his interview and I wrote a letter explaining why my income for the previous years was under the poverty level. At the interview, the CO asked for the I-134 and the letter from my employer. He then looked at my tax return to confirm my income but did not keep my tax returns (I provided 3 years worth).

If I were you, I would have a cosponsor lined up. If you happen to have your interview a couple of months after your fiancee starts working it is possible that they may not fele it is sufficient. Some consulates are more strict about this than others. Have one lined up just in case. You may not need it.

FYI: in general, the CO will not count the income of the beneficiary so you may not be able to use your resources. I would check with your consulate to double check though.

[Glen&Teresa 0]

My sponsor was $500.00 under the poverty line. Our legal person gave us some forms to get a co-sponsor, the way she explained it, it was no big deal. However in the mean time, she grabbed a very nice promtoion at work that put her well over the limit. One suggestion though, if you can do it, use someone who isn't living in the house. According to the forms, they have to stay their for something like five years after the petition

[Zee Bee 61]

My sponsor was $500.00 under the poverty line. Our legal person gave us some forms to get a co-sponsor, the way she explained it, it was no big deal. However in the mean time, she grabbed a very nice promtoion at work that put her well over the limit. One suggestion though, if you can do it, use someone who isn't living in the house. According to the forms, they have to stay their for something like five years after the petition

The only requirement for a cosponsor is that they are a USC or LPR. They don't even have to be related. Where they live is of no consequence either.

[Glen&Teresa 0]

My sponsor was $500.00 under the poverty line. Our legal person gave us some forms to get a co-sponsor, the way she explained it, it was no big deal. However in the mean time, she grabbed a very nice promtoion at work that put her well over the limit. One suggestion though, if you can do it, use someone who isn't living in the house. According to the forms, they have to stay their for something like five years after the petition

The only requirement for a cosponsor is that they are a USC or LPR. They don't even have to be related. Where they live is of no consequence either.

I'll have to get a copy of the advice we got. Intially Teresa was going get her son, now working, but after reading the requirement, she went with some friends that live in the same town. As it is turning out, wont matter