K-1 Petitioner Not Employed but with Sufficient Assets

[KT and Xyrena 4]

My US citizen fiance's K-1 petition is currently under initial review by the USCIS. I am concerned that he is currently unemployed (by choice as this is his sabbatical year) but he had a great earnings history ($100K+ p.a.) as well as future earning potential. He has assets that are just above 5x the poverty line for a household of 2. I have enough assets to combine with his and I understand that my current income will not be considered since I won't continue to have it until after we are married or I obtain my PR because my current job is in Manila and I have to give it up to move to the US. I also have a strong earning potential of $70K+ as I have worked in the US in the recent five years. My guy does not want to get a co-sponsor and is confident that we will be approved. I'm honestly not and would rather be sure. Given this situation and if I put this together to the consular officer, would I stand a chance?

Has there been an instance that your petitioner solely relied on assets and was approved?

Thank you.

[I AM NOT THAT GUY 5,715]

Doing it with assets alone are doable, but a little complicated. You will require sufficient documentation showing current market value, realizing that the assets must be in a form readily convertible to cash (hard assets). That also means that the assets need to amount to three, or five times the poverty level for the household size (including you and any new dependents) for the region you will be living in.

[tallcoolone 102]

Yes it cam be done, and if he doesnt' want to get a co sponsor I say you stand good chance especially if he has enough assets.

I used assets when we filed our AOS paperwork, and we never had to do a interview and my wife rec'd her GC in the mail.......

[rheanick 42]

My US citizen fiance's K-1 petition is currently under initial review by the USCIS. I am concerned that he is currently unemployed (by choice as this is his sabbatical year) but he had a great earnings history ($100K+ p.a.) as well as future earning potential. He has assets that are just above 5x the poverty line for a household of 2. I have enough assets to combine with his and I understand that my current income will not be considered since I won't continue to have it until after we are married or I obtain my PR because my current job is in Manila and I have to give it up to move to the US. I also have a strong earning potential of $70K+ as I have worked in the US in the recent five years. My guy does not want to get a co-sponsor and is confident that we will be approved. I'm honestly not and would rather be sure. Given this situation and if I put this together to the consular officer, would I stand a chance?

Has there been an instance that your petitioner solely relied on assets and was approved?

Thank you.

You have to bring in all his assets during the interview: savings, investment, house if fully paid... etc. and his tax transcript. If he is unemployed this year, then he still has his 2010 tax showing his 100K+ income. That will help in getting your approval.

BTW, the CO might ask you if you worked in the US? Just tell them the truth. I was asked this question when i was interviewed before due to my work history. I just told the CO my job arrangement and had no problem with the approval.

[Dean iWait 0]

You have to bring in all his assets during the interview: savings, investment, house if fully paid... etc. and his tax transcript. If he is unemployed this year, then he still has his 2010 tax showing his 100K+ income. That will help in getting your approval.

BTW, the CO might ask you if you worked in the US? Just tell them the truth. I was asked this question when i was interviewed before due to my work history. I just told the CO my job arrangement and had no problem with the approval.

I agree. Get the last 3 years tax returns to prove income. I gave my wife a stack of recent pay stubs and verfication of employment but they were only interested in my tax returns at USEM. The issue may never come up if the most recent tax returns prove sufficient income.

[BJZags 17]

I'm not sure a sabbatical year is considered "unemployed." In academia, if your truly on sabbatical as a tenured professor, you still receive your salary. At least that's how it works at the University I work for.

[rheanick 42]

I'm not sure a sabbatical year is considered "unemployed." In academia, if your truly on sabbatical as a tenured professor, you still receive your salary. At least that's how it works at the University I work for.

The OP mentioned sabbatical by choice. The OP will correct me if i'm wrong but my interpretation is: "I want a break from this job and I'm resigning".

Sabbatical is normally with pay depending on the company regulation. In my previous work, US employees are allowed a 2-month sabbatical with pay.

[analou scott 8]

i make below the poverty line but had no problems with k-1 or aos because i had enough assets. we did get an rfe on the aos because we didnt do a good enough job itemizing. it just means more paperwork.

[tallcoolone 102]

i make below the poverty line but had no problems with k-1 or aos because i had enough assets. we did get an rfe on the aos because we didnt do a good enough job itemizing. it just means more paperwork.

Exactly, As long as you meet the reqiurements then you are good.

Somebody could have be broke and jobless, and show up with W-2's from last year showing they made $60,000 and 3 years of taxes reflecting 60K per year, and not have a pot to piss in.

Glad we had an actual K1 who used assets to answer the question

[KT and Xyrena 4]

Thanks for all the inputs, that made me feel better. We can show past 3 yrs tax returns with 100K+ income each year. Of course some of it are now in his assets.

[KT and Xyrena 4]

i make below the poverty line but had no problems with k-1 or aos because i had enough assets. we did get an rfe on the aos because we didnt do a good enough job itemizing. it just means more paperwork.

Thanks for sharing and glad it worked out for you!

[KT and Xyrena 4]

The OP mentioned sabbatical by choice. The OP will correct me if i'm wrong but my interpretation is: "I want a break from this job and I'm resigning".

Sabbatical is normally with pay depending on the company regulation. In my previous work, US employees are allowed a 2-month sabbatical with pay.

I misused sabbatical leave term in his case. It was not available to him from his employment (full year leave with benefits) so he left to fulfill his other goals which is the substance of a sabbatical leave. So he is unemployed and not on a paid leave.

[KT and Xyrena 4]

You have to bring in all his assets during the interview: savings, investment, house if fully paid... etc. and his tax transcript. If he is unemployed this year, then he still has his 2010 tax showing his 100K+ income. That will help in getting your approval.

BTW, the CO might ask you if you worked in the US? Just tell them the truth. I was asked this question when i was interviewed before due to my work history. I just told the CO my job arrangement and had no problem with the approval.

Thanks for sharing. I am hoping for the same that his earnings history and the fact that he is capable of making that much would be fine. Also, I'm counting on the fact that when they know I have worked in the US, I'm also incapable of being a public charge to their country.

[I AM NOT THAT GUY 5,715]

Thanks for sharing. I am hoping for the same that his earnings history and the fact that he is capable of making that much would be fine. Also, I'm counting on the fact that when they know I have worked in the US, I'm also incapable of being a public charge to their country.

Don't count on anything. Go loaded for bear. It be much better to have something, and not need it, than to being found wanting at the critical point. Other than that, with assets and a proven earning capacity for your husband, you should have no problem. They get another chance to say no when you adjust status, and when you remove conditions.