Tax Returns, Income

[Sheepish Mareep 0]

Hello all!

My fiancé has been staying with me in the U.S. for the past couple of months (He's from the U.K. on the visa waiver program). We want to elope before he leaves, and he will go back to the UK when he's supposed to for sure! We didn't intend this originally, but it just sort of came up. I've heard that the spouse visa allows him to get to work in the U.S. faster and he doesn't have to adjust status for two years.. so this is better than the fiance visa.

My questions are: 1) I just graduated university, and so my last three tax returns will be a salary LESS than the income requirements. I'm job hunting and once I am able to get a job that pays enough, would proof of that job fill the income requirement? Will my last three tax returns hurt me because I was only working part-time during school? 2) What is the difference between the K-3 and the CR1? I've been on the wiki, but I'm not too clear on it.. I've also heard this process is a bit longer than the fiancé visa, how long is it?

I really appreciate your help We want to be together so much. I'm not looking forward to him leaving next month

Edited August 25, 2010 by Sheepish Mareep

[soon2batexan 3]

I'll let someone with more experience with K-3/CR-1 to answer the bulk of your question, but I will add this much: If you marry your fiance before he leaves, you won't be able to apply for the K-1 visa as that is reserved for unmarried couples who plan to marry upon entry. The K-1 visa process can vary in length depending on the embassy your fiance ends up interviewing at, and how quickly USCIS/NVC process the papers. It MAY end up being quicker, but there's not really a guarantee there.

As far as financial statements go, it sounds like you will probably need a co-sponsor. For the I-134 for K-1, the sponsoring fiance needs to make 100% of the poverty level (so, about 18,500/yr to support a household size of 2). For the I-864 required for AOS or I-130, 125% of the poverty level is required. You can use assets to qualify as well, so long as they're liquid, but in your case you may want to get a co-sponsor to ensure you qualify. A letter from your employer stating your annual salary may help, but because you don't have proof of meeting the income level for the last 2 or 3 years that may be a bit of an issue.

Hope that helps a little. I'm sure someone else will fill in the remaining blanks. Good luck!

[Sheepish Mareep 0]

Thank you very much! So concerning the co-sponsor, it can be a family member, correct? Would they count our combined incomes, or use the family member who makes more as a guideline? I was thinking of using my brother, but he works part-time and goes to school at the moment. I could also use my parents, I suppose. Would they be counted towards the household size? For instance, even though my parents live somewhere else in town and I asked them to do an affidavit of support would they be counted towards the household size? I think I only made 14k working part-time for the past three years, but the jobs I've been interviewed for make well over the requirement. I'll definitely get a letter from my employer confirming my salary when I am ready to apply though.

We were originally going to do this through the fiancé route, but marrying before he leaves seems to be the better option (he can work faster, he can wait to adjust status).

Again, thank you so much!

[Darnell 8,478]

*** moving to IR-1/CR-1 forum, will have wider exposure there ***

[LotofPatience 65]

Thank you very much! So concerning the co-sponsor, it can be a family member, correct? Would they count our combined incomes, or use the family member who makes more as a guideline? I was thinking of using my brother, but he works part-time and goes to school at the moment. I could also use my parents, I suppose. Would they be counted towards the household size? For instance, even though my parents live somewhere else in town and I asked them to do an affidavit of support would they be counted towards the household size? I think I only made 14k working part-time for the past three years, but the jobs I've been interviewed for make well over the requirement. I'll definitely get a letter from my employer confirming my salary when I am ready to apply though.

We were originally going to do this through the fiancé route, but marrying before he leaves seems to be the better option (he can work faster, he can wait to adjust status).

Again, thank you so much!

Yes, since your income is less than povertylines, you can make co/joint sponsors with your parents. They will also be counted in your household, then it will make 4.

If you intend to marry and pursue visa, CR1 path is best for you.

Loto

[Sheepish Mareep 0]

Thank you

My parents are still married, but could I use one parent? For example, my mother's income only? Or would I have to count my father's?

[LotofPatience 65]

Thank you

My parents are still married, but could I use one parent? For example, my mother's income only? Or would I have to count my father's?

If you just include your mother's income, then mother's household will be counted as well, which obviously will be 2 for her including her husband. Then you need to file I-864 and you have household of 2. This makes total 4.

Loto

[Sheepish Mareep 0]

Hey guys! It's me again Sorry!

So, I was thinking.. I'm going into my second job interview and I have a good feeling I'll get this one. It's higher than the 125%, so I'm covered there. I asked about getting tax returns from my parents, and they said it was alright.

Now.. because I'm a recent college grad, I'm kind of in between places right now. Could I use my parents address when I apply? They're okay with it, and I figure if they're going to sponsor my fiance I might as well use their address since I'm not sure where I'll be in 6 months (home is always a backup, I want to avoid it at all costs!)

Will all of these little things (parents sponsoring, using their address) hurt me? I'm independent and I've been living on my own, but I'm afraid because I've been a poor college student they'll look on that as a negative. Should I be worried they won't approve his visa? I can support myself and him, it's just my past it biting me in the butt!

Thanks again!

Edited September 1, 2010 by Sheepish Mareep

[Sheepish Mareep 0]

Also, sorry to double post, but concerning my parents do they count their credit? Currently I am taking care of a home they are doing a strategic foreclosure on, so I am living there and know it's temporary. They have declared bankruptcy but they make well above the required limit for a co-sponsor. They are renting out a home and are financially stable. I will move into my own place before my fiance gets here, and do not intend to stay here long. I was just worried they'd check on the status of the home and hold it against me. So if I get a job and petition for him with this address, they won't check the loan status correct? I just figured I'd get a head start on petitioning while I found a permanent address (and I will notify the gov't)

Edited September 1, 2010 by Sheepish Mareep