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Affidavit of Support

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Filed: Timeline

Hi everyone,

I know this has most likely been asked but I cannot find the answer on the forums and wanted some advice.

My fiance (the petitioner) just graduated from grad school in May of this year. He has been working full time since June making above the 125% poverty line needed for the K-1 visa but as he was a full time student from January to May 2014, his 2014 tax return will say that he made under the limit.

We expect to have our interview sometime in the first half of 2015 and the 2014 taxes will already be filed. Do they only look at the most recent tax return? Or do they look at what he is currently making (in this case much more than his total for 2014). If necessary we can ask his dad to be a co-sponsor but did not want to if we did not need to. The position that he started in May is a salaried position which pays him 33 000 a year. I think for 2014, his total income will be around 17 000.

We just wanted to know if they will take his new job into account rather than just look at the most recent tax filing.

I apologize if this is not clear and appreciate any responses!

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Yes, they will take the new job into account. Bring an employment letter and a few paystubs to show current income, and you should be good. For the affidavit of support, CURRENT income matters most.

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NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

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NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: AOS (apr) Country: Netherlands
Timeline

I am in the same situation. My fiancé started working full time in May after studying for several years. Her tax transcript/W2 from last year doesn't meet 125%, but her current salary is more than sufficient. I have my interview on Tuesday, and am bringing an employment letter, bank letter, recent pay stubs (and last years W2 for the full picture, it's the same employer). If you want, I can let you know if it is an issue/what they tell me..

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Filed: Timeline

I am in the same situation. My fiancé started working full time in May after studying for several years. Her tax transcript/W2 from last year doesn't meet 125%, but her current salary is more than sufficient. I have my interview on Tuesday, and am bringing an employment letter, bank letter, recent pay stubs (and last years W2 for the full picture, it's the same employer). If you want, I can let you know if it is an issue/what they tell me..

Please let me know how it turns out!

Good luck with the interview! My fingers will be crossed that all goes well!

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Filed: AOS (apr) Country: Argentina
Timeline

I lost my job right before the interview.

I provided my last 3 years tax returns, a copy of a freelance contract I had with several clients (I'm a software engineer), and a letter of an offer for employment making just shy of a 6 figure income.

When the interview came, they had more than enough evidence that I could support myself, my children AND my future husband. :)

They care most about consistent and current income. If your fiance(e) recently was a student, but has since graduated and has a good, job you should be fine as long as he makes above the 125% poverty guideline, which you stated he does. Keep in mind that guideline is for the family size WITH THE BENEFICIARY. So for myself and my two children it would be a family of four (because they count him in my family size), not a family of three. :)

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K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

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[2015-10-09] Greencard Recieved!

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The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Filed: Timeline

I lost my job right before the interview.

I provided my last 3 years tax returns, a copy of a freelance contract I had with several clients (I'm a software engineer), and a letter of an offer for employment making just shy of a 6 figure income.

When the interview came, they had more than enough evidence that I could support myself, my children AND my future husband. :)

They care most about consistent and current income. If your fiance(e) recently was a student, but has since graduated and has a good, job you should be fine as long as he makes above the 125% poverty guideline, which you stated he does. Keep in mind that guideline is for the family size WITH THE BENEFICIARY. So for myself and my two children it would be a family of four (because they count him in my family size), not a family of three. :)

Thanks for the info :)

Makes me feel a lot better knowing other member's stories

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Filed: AOS (apr) Country: Netherlands
Timeline

Please let me know how it turns out!

Good luck with the interview! My fingers will be crossed that all goes well!

Everything went great. They did not even ask about it. I included a 2013 W2 which only had 9k income on it, but I guess they only looked at the (sufficient) annual salary which we filled in on the I-134 ( I did bring 2 paystubs as proof of that). It might be different for other embassies/consulates, but I think you'll be fine :) Good luck!

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Filed: Timeline

Everything went great. They did not even ask about it. I included a 2013 W2 which only had 9k income on it, but I guess they only looked at the (sufficient) annual salary which we filled in on the I-134 ( I did bring 2 paystubs as proof of that). It might be different for other embassies/consulates, but I think you'll be fine :) Good luck

Congrats!!! I am happy that things went smoothly!

Thank you letting me know how it went...I feel a lot better!

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Filed: K-1 Visa Country: Spain
Timeline

We just wanted to know if they will take his new job into account rather than just look at the most recent tax filing.

I think it depends on the embassy. From our experience, the embassy in Madrid took into account only the most recent tax filing. I made below poverty line last year because I only worked a few months in 2013, but now I am earning way above the poverty line. However, the embassy still required my fiance to get a co-sponsor who earned above the poverty line last year.

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Filed: Timeline

I think it depends on the embassy. From our experience, the embassy in Madrid took into account only the most recent tax filing. I made below poverty line last year because I only worked a few months in 2013, but now I am earning way above the poverty line. However, the embassy still required my fiance to get a co-sponsor who earned above the poverty line last year.

That sucks! So they made you get a co-sponsor and send in the paperwork for that before approving the visa?

I wonder if it would be a good idea to get a co-sponsor and have them fill out the forms so that I can bring it with me to the interview just in case.

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Filed: K-1 Visa Country: Spain
Timeline

That sucks! So they made you get a co-sponsor and send in the paperwork for that before approving the visa?

I wonder if it would be a good idea to get a co-sponsor and have them fill out the forms so that I can bring it with me to the interview just in case.

I thought we wouldn't need a co-sponsor because I read so many posts about people saying they will take into account your current income, but I guess that's not always true. Anyway, I think it would be a good idea to have a co-sponsor fill out the I-134 (and have a copy of his or her tax return) just in case you need it.

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Filed: Timeline

I thought we wouldn't need a co-sponsor because I read so many posts about people saying they will take into account your current income, but I guess that's not always true. Anyway, I think it would be a good idea to have a co-sponsor fill out the I-134 (and have a copy of his or her tax return) just in case you need it.

Thanks for the advice. I think this is what we have decided to do. I would rather have the peace of mind on my interview day.

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Filed: K-1 Visa Country: Canada
Timeline

Do you know your interview day?.... I would love to know how it went for you! I have the same kind of questions and am also in Canada. Are you on the east or west side?

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