Income requirement Question

[timatayo 0]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

[payxibka 10,047]

you are not applying for a visa for your Brazillian fiancee... you are petitioning to determine her eligibility to apply for a visa at a future date.

Previosu tax returns are primary but the consulate could also weigh current earnings into the equation

You need a specific answer to Brazil as to how they view this..

since the answer needs be specific to a particular consulate, moving thread to consulate forum

[baron555 934]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

If you are a full time employee, how is it that you have no current income?

Something doesn't sound right.

[Matt & Bing 56]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

If you are a full time employee, how is it that you have no current income?

Something doesn't sound right.

He's saying he will have no recent pay stubs as he will be abroad from mid-September to the interview in November.

I don't think it will be a problem at all.

Edited August 11, 2009 by Matt & Bing

[timatayo 0]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

If you are a full time employee, how is it that you have no current income?

Something doesn't sound right.

[timatayo 0]

Again. I am permanent employee at my company. I have earned over 85000 dollars to date. Exceeding the income requirement.I will take a LEAVE from my job to travel to Brazil until the visa is granted or not granted. Approximately 2 months.I will receive no compensation from my company while in Brazil. Only when I return will my pay resume. The company is willing to give me the time off with out pay. I do not find this hard to understand or that something sounds not right.

[raymaga 25]

As long as you are still "employed" and just on a leave of absence, you should have no problems. Especially since your income for 2009 will be higher than the requirements. And you will resume working when you return to the U.S.

[baron555 934]

Again. I am permanent employee at my company. I have earned over 85000 dollars to date. Exceeding the income requirement.I will take a LEAVE from my job to travel to Brazil until the visa is granted or not granted. Approximately 2 months.I will receive no compensation from my company while in Brazil. Only when I return will my pay resume. The company is willing to give me the time off with out pay. I do not find this hard to understand or that something sounds not right.

Normally the petitioner is not at the interview and you don't need to send in current year's pay stubs, you only send in last three years tax transcripts and the letter from the employer (plus the 131 form). This is all the information they need and that they look at. You didn't mention anything about taking a unpaid leave from the company thusly my confusion. Sri abt that.

You have a letter to prove you a full time employee, you are good to go.

Edited August 11, 2009 by baron555

[Gary and Alla 3,694]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

I think an I-134 completed and documented in September will be fine. Will you be on leave of absence or accumulated vacation time? You may just attach a letter to that affect. Normally one year's tax return is all you need. If you want to attach three years it is not a bad thing, just not needed.

[Gary and Alla 3,694]

I am applying for K-1 visa for my Brazilian fiancee . My income for the past 3 years is approximately 150k dollars. I have earned much more than the requirement this year ,to date approx 85k dollars. I have the letter from my empoyer stating my salary of 160k annually and that I am full time employee. Also the previous 3 years tax returns show the same . I estimate the interview to be approximately mid November. I would like to travel to Brazil mid-September and remain until the visa is granted . Will I encounter problems at the interview since I would have no current income or pay stubs. If anyone has experience with this problem please advise. Timatayo

If you are a full time employee, how is it that you have no current income?

Something doesn't sound right.

True.

"Employed" and "working" are not the same thing. If, for example, you take a two month leave of absence you are still "employed" and still have an annual income of $160K, nothing at all dishonest about that, provided you are assured the job when you return.

I would very much caution against leaving though and assuming your interviedw will occur in November. It just may well, then again it may not. Until you have an approved petition and the petition is forwarded to the consulate and you have an interview date, you just really do not know. What happens if the interview goes into December? Petitions can get tied up at NVC for up to 8 weeks after USCIS approval, for example. Consulates can take months to schedule and interview, some are quick about it. But making an assumption of when things will occur is very risky.

[Penguin_ie 5,997]

You will still have a job in the US and you will still be way over the poverty guidelines for the year, so you will be fine. Bring a letter from your employer stating that you are on a leave of absence and expected to return to your job on X date, just in case, but I foresee no problem. If you had to leave your job and were unemployed, that would be a different matter.

[beinha 0]

Normally the petitioner is not at the interview and you don't need to send in current year's pay stubs, you only send in last three years tax transcripts and the letter from the employer (plus the 131 form). This is all the information they need and that they look at. You didn't mention anything about taking a unpaid leave from the company thusly my confusion. Sri abt that.

You have a letter to prove you a full time employee, you are good to go.

That's a right answer:

I think an I-134 completed and documented in September will be fine. Will you be on leave of absence or accumulated vacation time? You may just attach a letter to that affect. Normally one year's tax return is all you need. If you want to attach three years it is not a bad thing, just not needed.

Let me add something here my Embassy is the same at the OP beneficiary:

- I wrote my Embassy and their information is not that "normally the petitioner is not at the interview", they really said: We encourage the petitioner to be at the interview, it's not mandatory but it's good to have the petitioner with you. If the petitioner can't make it, it would be good to write on his letter of intent, why he could not be with you at your interview.

- They ask only your last tax transcripts, not the three last ones.

- They ask your last 3 stubs. As Gary and Alla said, September sounds fine.

- They ask your employee letter saying how long do you work there, what do you do and if it's a full time job.

I wrote them last week to check about the Affidavit and those were the answers. Hope it helps someone.

[Anh map 2,098]

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Edited September 9, 2009 by Anh map