Affidavit of support... self support for k1 visa?

[lirwin2000 0]

hi

we are going through the k1 visa process. we are just waiting to send our checklist back to the embassy in london for an interview but having a few problems with the affidavit of support. the usc is working freelance for the past 6 months so not really any tax history of income yet. we don't have anyone else to file the form too so i just wanted to ask... do the london embassy allow the UK citizen to self support themselves? (due to a job offer in the US once able to work???) is this a possibility or not as it is our only option at the moment.

[Otto 83]

The US Citizen fiancé would still need to complete the I-134 and supply required (and/or optional) supporting documents regardless - which means he/she would still need to provide at least the most recent year's tax return (and supporting document such as W-2's, 1099's etc) or provide a letter of explanation as to why they did not or were not required to file taxes.

As far as self sponsor - I believe the income would have to continue from the same source (in other words, from where you're working now, not where you will be working). The instructions on the I-864 go into this more than the I-134 does.

[Boiler 45,484]

I self sponsored, basically you need the cash for 3 months.

Check with the Consulate the current amount, it used to be a few grand. Job offer is not relevant.

You will still need the sponsor to adjust, and self employment does not mean you do not file taxes.

Edited August 28, 2009 by Boiler

[Nik+Heather 121]

I have heard of London accepting self sponsorship through assets, but I don't think income works.

There are ways for self employed (same as freelance - at least in my mind) to prove their income. Show consistent history of a certain level of income with the last three years of tax returns, for example. For "current" income over the last 6 months, show bank statements or any other contracts/agreements for the work your USC has been doing.

The "no tax history" should worry you, as you have to show your tax obligations have been met, even if you don't meet the sponsorship requirements.

[helwardman 1]

I self sponsored, basically you need the cash for 3 months.

Check with the Consulate the current amount, it used to be a few grand. Job offer is not relevant.

You will still need the sponsor to adjust, and self employment does not mean you do not file taxes.

I self-sponsored in London in 2007, using assets (cash in the bank and a house valuation).

I later adjusted status successfully without an additional sponsor. The I-864 allows you to use income and assets from both the USC and the UKC.

[lirwin2000 0]

sorry. we do have tax history. the usc has tax returns for the past 3 years, i mean the freelancing just started 6 months ago so this is not shown on any tax returns yet & obviously can not provide a letter as he is working for himself.

we got the information about self support through offer of employment for the uk citizen on the london embassy site here...

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

specifically the second option of proving that the uk citizen will not become a public charge... "2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;"

does anyone have any more info on this. i see this as meaning if the uk citizen has a job offer and have this in writing from the company, this can be used as proof as financial support???

[Boiler 45,484]

sorry. we do have tax history. the usc has tax returns for the past 3 years, i mean the freelancing just started 6 months ago so this is not shown on any tax returns yet & obviously can not provide a letter as he is working for himself.

we got the information about self support through offer of employment for the uk citizen on the london embassy site here...

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

specifically the second option of proving that the uk citizen will not become a public charge... "2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;"

does anyone have any more info on this. i see this as meaning if the uk citizen has a job offer and have this in writing from the company, this can be used as proof as financial support???

If you have a job, that may well be possible, an offer is pretty meaningless.

[Nich-Nick 3,354]

Approval of the financial stuff is subjective if you read deep into the adjudicators field manuals and various memoranda that further clarify issues. If your offer has a letter, with a salary and some good convincing financial evidence in it, then it could possibly be of use to convince the person. Recent college grads (USCs) have been approved on offer letters by consulate officers. Normally the question is "will the source of income continue in the US?" Well you have proof that it will continue, or rather start. However, there is that gap of months where you won't be authorized to work and would need some kind of financial support. So enough assets to cover the gap might be expected.

The USC's 2008 tax forms (if enough income) would be a positive piece of evidence. Bank statements or records of self-employment income over six months could be doubled to show a projected 12 month income. A letter or three from who contracted your finance's services would add some validity. I think your situation requires thinking outside the box to paint a stable financial picture since you don't have the average situation. All you have to do is convince that one person on that one day with a well-prepared portfolio of evidence.

[Boiler 45,484]

Or just use cash as at least two of us did.

[Nik+Heather 121]

I find the embassy web page to be surprising, but it apparently is applicable to K visas....It's strange, because K visas are not allowed to work until after GC/EAD received....

I don't understand how that would work at all. Also, will the same trick work for the I 864? Because I think that's the more important hurdle to surpass. It's a bandaid solution to get through the Embassy if you don't meet the AOS requirements. As a US based job can't start until AOS is completed or EAD received, there is no current income (to be "continued") for the immigrant at the time these are applied for, and it doesn't look like it counts by my reading. There's not much discussion of potential future income (see second quote) or how to prove it.

From the I-864 instructions (bolded statements by me):

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

Anyway, good luck -- it seems as though there are some provisions you MIGHT be able to take advantage of -- and you guys might think hard about a cosponsor or trying to temporarily boost the USC's income - it's probably the most sure-fire way to get through.

Edited August 31, 2009 by Nik+Heather

[Banana9ieue 26]

On 8/28/2009 at 7:05 PM, Boiler said:

I self sponsored, basically you need the cash for 3 months.

Check with the Consulate the current amount, it used to be a few grand. Job offer is not relevant.

You will still need the sponsor to adjust, and self employment does not mean you do not file taxes.

Does this still apply today at the London Embassy? I have £20,000 in savings.

[Boiler 45,484]

3 minutes ago, Ella and James said:

Does this still apply today at the London Embassy? I have £20,000 in savings.

I believe so.

[Banana9ieue 26]

1 minute ago, Boiler said:

I believe so.

Did you have bank statements printed to show your savings, what did you bring to show them, and did you have to fill in the information on a form? Do you know how to contact the Consulate to check?

[Boiler 45,484]

I just took a spreadsheet with back up confirmation, they looked at the spreadsheet.

 

This was sometime back, do not know what current practice is.

[JFH 12,190]

8 hours ago, Ella and James said:

Did you have bank statements printed to show your savings, what did you bring to show them, and did you have to fill in the information on a form? Do you know how to contact the Consulate to check?

You seem to be very worried about this, having posted the same question in many threads. You are ignoring the bigger issue: your fiancé has failed to file tax returns. He must. In a previous post you said he was self-employed. That doesn't mean he doesn't have to file. You may or may not be able to self-sponsor for the I-134 at the London embassy but for your adjustment of status down the line your then-husband MUST complete the I-864 as your sponsor and provide copies of his tax returns. You WILL have a problem then if he hasn't filed for the three previous years. You seem very blasé about his ignorance of his legal responsibility.