K-1 Income/Assets Reqmn't

[ezmiller 0]

The answers to your question have already been given within this thread as to "requirements". What a Consular officer will decide, cannot be predicted here. It's best to comfortably exceed the requirements or have a co-sponsor. No money, no honey.

That is helpful itself. I didn't realize that the specific office is so important. Is there a way to find out about the practices of a particular office. In this case, it would be the Czech consulate.

Please note that a Consular officer is neither a Consulate or an "office". An "individual" makes a judgment call but meeting the minimum requirements is, well, a "minimum requirement". More important is the bold sentence in my earlier post. See above.

Can you be more specific about what it means to "comfortably" exceed the requirements? Or is the point that you are trying to make really that it depends on the individual? This question is important for me to answer if I can because I am an adjunct college instructor in history at the moment and the job market being the way it is, the possibility that I won't find a more stable and high-paying job in the near future is pretty high. I can probably get a salary projection estimate from the university where I teach that shows me making like $24K (before taxes). If the minimum for a household of two is about 18K does that count as comfortably exceeding the requirements? I also feel I should say thank you to those who have responded. The amount of collective knowledge on this forum is truly stunning.

Which country?

The Czech Republic...

[ezmiller 0]

The answers to your question have already been given within this thread as to "requirements". What a Consular officer will decide, cannot be predicted here. It's best to comfortably exceed the requirements or have a co-sponsor. No money, no honey.

That is helpful itself. I didn't realize that the specific office is so important. Is there a way to find out about the practices of a particular office. In this case, it would be the Czech consulate.

Please note that a Consular officer is neither a Consulate or an "office". An "individual" makes a judgment call but meeting the minimum requirements is, well, a "minimum requirement". More important is the bold sentence in my earlier post. See above.

Can you be more specific about what it means to "comfortably" exceed the requirements? Or is the point that you are trying to make really that it depends on the individual? This question is important for me to answer if I can because I am an adjunct college instructor in history at the moment and the job market being the way it is, the possibility that I won't find a more stable and high-paying job in the near future is pretty high. I can probably get a salary projection estimate from the university where I teach that shows me making like $24K (before taxes). If the minimum for a household of two is about 18K does that count as comfortably exceeding the requirements? I also feel I should say thank you to those who have responded. The amount of collective knowledge on this forum is truly stunning.

Which country?

The Czech Republic...

[Gary and Alla 3,694]

The answers to your question have already been given within this thread as to "requirements". What a Consular officer will decide, cannot be predicted here. It's best to comfortably exceed the requirements or have a co-sponsor. No money, no honey.

That is helpful itself. I didn't realize that the specific office is so important. Is there a way to find out about the practices of a particular office. In this case, it would be the Czech consulate.

Please note that a Consular officer is neither a Consulate or an "office". An "individual" makes a judgment call but meeting the minimum requirements is, well, a "minimum requirement". More important is the bold sentence in my earlier post. See above.

Can you be more specific about what it means to "comfortably" exceed the requirements? Or is the point that you are trying to make really that it depends on the individual? This question is important for me to answer if I can because I am an adjunct college instructor in history at the moment and the job market being the way it is, the possibility that I won't find a more stable and high-paying job in the near future is pretty high. I can probably get a salary projection estimate from the university where I teach that shows me making like $24K (before taxes). If the minimum for a household of two is about 18K does that count as comfortably exceeding the requirements? I also feel I should say thank you to those who have responded. The amount of collective knowledge on this forum is truly stunning.

Which country?

The Czech Republic...

Prague is not particularly difficult to deal with. Consulates typically do not like "temporary" income so whatever assurance you can get from your employer would be best. If you are borderline, then yess include your assets and hope for the best. As others have said if there is a question, get a co-sponsor. What is comfortable? Good question. How high is UP? Comfortable can mean $20,000 income at a steady, stable position you have had for a couple years or more. Comfortable can be making $75,000 per year since May and -0- last year because you were a student, if you have employment verification. It is a judgement call by one individual that does not know you and will not talk to you. This person needs to decide based on what you present, if your fiancee is "likely to become a public charge".

As Pushbrk said, guidelines can be considered "minimums". You will also have to repeat this process when your fiancee arrives, you get married and file for AOS.

VJ is a great site because of may great members, definitely the best around.

[rebeccajo 14]

Assets are valed at 1/3 income. Your $20,000 in the bank will equal about $6,500 worth of income, so if you are a little short, this can be used to make up for the shortfall, IF the consulate will consider it, they do not have to and cash assets are sometimes frowned upon. The point of all this is to determine how much money they can get from you if you default on your obligations, cash assets are tough to get hold of since they can be withdrawn right after the interview and disappear. It will depend on the consulate to some extent. With a K-1 you have to qualify again after your fiance(e) arrives during the AOS process.

The I-134 is a legally unenforceable document - it is not a contract.

Nobody can get anything from you if you default on your 'obligation' to support the non-immigrant.

[pushbrk 13,136]

Assets are valed at 1/3 income. Your $20,000 in the bank will equal about $6,500 worth of income, so if you are a little short, this can be used to make up for the shortfall, IF the consulate will consider it, they do not have to and cash assets are sometimes frowned upon. The point of all this is to determine how much money they can get from you if you default on your obligations, cash assets are tough to get hold of since they can be withdrawn right after the interview and disappear. It will depend on the consulate to some extent. With a K-1 you have to qualify again after your fiance(e) arrives during the AOS process.

The I-134 is a legally unenforceable document - it is not a contract.

Nobody can get anything from you if you default on your 'obligation' to support the non-immigrant.

Of course they can't but they are evaluating based on that standard anyway because they know that if the intending immigrant arrives and marries, that same sponsor is going to be signing an I-864.

The statement wasn't ABOUT enforceability. It was about what's being "considered" by the person with the power to say yes or no to the visa.

[rebeccajo 14]

Assets are valed at 1/3 income. Your $20,000 in the bank will equal about $6,500 worth of income, so if you are a little short, this can be used to make up for the shortfall, IF the consulate will consider it, they do not have to and cash assets are sometimes frowned upon. The point of all this is to determine how much money they can get from you if you default on your obligations, cash assets are tough to get hold of since they can be withdrawn right after the interview and disappear. It will depend on the consulate to some extent. With a K-1 you have to qualify again after your fiance(e) arrives during the AOS process.

The I-134 is a legally unenforceable document - it is not a contract.

Nobody can get anything from you if you default on your 'obligation' to support the non-immigrant.

Of course they can't but they are evaluating based on that standard anyway because they know that if the intending immigrant arrives and marries, that same sponsor is going to be signing an I-864.

The statement wasn't ABOUT enforceability. It was about what's being "considered" by the person with the power to say yes or no to the visa.

The statement was made that cash won't do to offset income because the government can come after the sponsor for claims made on the I134.

That is erroneous.

Conoff's have no idea if the same sponsor will be signing an I864 for the non-immigrant.

[ezmiller 0]

Can you be more specific about what it means to "comfortably" exceed the requirements? Or is the point that you are trying to make really that it depends on the individual? This question is important for me to answer if I can because I am an adjunct college instructor in history at the moment and the job market being the way it is, the possibility that I won't find a more stable and high-paying job in the near future is pretty high. I can probably get a salary projection estimate from the university where I teach that shows me making like $24K (before taxes). If the minimum for a household of two is about 18K does that count as comfortably exceeding the requirements? I also feel I should say thank you to those who have responded. The amount of collective knowledge on this forum is truly stunning.

Prague is not particularly difficult to deal with. Consulates typically do not like "temporary" income so whatever assurance you can get from your employer would be best. If you are borderline, then yess include your assets and hope for the best. As others have said if there is a question, get a co-sponsor. What is comfortable? Good question. How high is UP? Comfortable can mean $20,000 income at a steady, stable position you have had for a couple years or more. Comfortable can be making $75,000 per year since May and -0- last year because you were a student, if you have employment verification. It is a judgement call by one individual that does not know you and will not talk to you. This person needs to decide based on what you present, if your fiancee is "likely to become a public charge".

As Pushbrk said, guidelines can be considered "minimums". You will also have to repeat this process when your fiancee arrives, you get married and file for AOS.

VJ is a great site because of may great members, definitely the best around.

So I'm assuming that a "projected salary" as an adjunct of 24K income, having made almost nothing for several years prior due to being in grad school, doesn't really qualify as comfortable. Does that strike people as the kind of scenario that is screaming out for rejection?

The legal obligation incurred by I864 isn't going to make my only potential sponsor very comfortable...

[pushbrk 13,136]

Assets are valed at 1/3 income. Your $20,000 in the bank will equal about $6,500 worth of income, so if you are a little short, this can be used to make up for the shortfall, IF the consulate will consider it, they do not have to and cash assets are sometimes frowned upon. The point of all this is to determine how much money they can get from you if you default on your obligations, cash assets are tough to get hold of since they can be withdrawn right after the interview and disappear. It will depend on the consulate to some extent. With a K-1 you have to qualify again after your fiance(e) arrives during the AOS process.

The I-134 is a legally unenforceable document - it is not a contract.

Nobody can get anything from you if you default on your 'obligation' to support the non-immigrant.

Of course they can't but they are evaluating based on that standard anyway because they know that if the intending immigrant arrives and marries, that same sponsor is going to be signing an I-864.

The statement wasn't ABOUT enforceability. It was about what's being "considered" by the person with the power to say yes or no to the visa.

The statement was made that cash won't do to offset income because the government can come after the sponsor for claims made on the I134.

That is erroneous.

Conoff's have no idea if the same sponsor will be signing an I864 for the non-immigrant.

That statement WOULD be erroneous BUT it was not made. It's just a convenient misinterpretation of the statement about consideration that WAS made.

[Gary and Alla 3,694]

Can you be more specific about what it means to "comfortably" exceed the requirements? Or is the point that you are trying to make really that it depends on the individual? This question is important for me to answer if I can because I am an adjunct college instructor in history at the moment and the job market being the way it is, the possibility that I won't find a more stable and high-paying job in the near future is pretty high. I can probably get a salary projection estimate from the university where I teach that shows me making like $24K (before taxes). If the minimum for a household of two is about 18K does that count as comfortably exceeding the requirements? I also feel I should say thank you to those who have responded. The amount of collective knowledge on this forum is truly stunning.

Prague is not particularly difficult to deal with. Consulates typically do not like "temporary" income so whatever assurance you can get from your employer would be best. If you are borderline, then yess include your assets and hope for the best. As others have said if there is a question, get a co-sponsor. What is comfortable? Good question. How high is UP? Comfortable can mean $20,000 income at a steady, stable position you have had for a couple years or more. Comfortable can be making $75,000 per year since May and -0- last year because you were a student, if you have employment verification. It is a judgement call by one individual that does not know you and will not talk to you. This person needs to decide based on what you present, if your fiancee is "likely to become a public charge".

As Pushbrk said, guidelines can be considered "minimums". You will also have to repeat this process when your fiancee arrives, you get married and file for AOS.

VJ is a great site because of may great members, definitely the best around.

So I'm assuming that a "projected salary" as an adjunct of 24K income, having made almost nothing for several years prior due to being in grad school, doesn't really qualify as comfortable. Does that strike people as the kind of scenario that is screaming out for rejection?

The legal obligation incurred by I864 isn't going to make my only potential sponsor very comfortable...

Consulates do not consider projected salary. They consider "current salary" Projected or "future" or promised salary, is specifically not considered (by I-864 rules which the consulates will usually use)

If your current salary is $24,000, permanent and you have an employment letter to that affect, you would not be borderline. If your CURRENT, that means the day you sign the I-134, salary is $20,000, NOT permanent with a promise of $24,000 in the future, that is very borderline.

[rebeccajo 14]

That statement WOULD be erroneous BUT it was not made. It's just a convenient misinterpretation of the statement about consideration that WAS made.

Consulates do not consider projected salary. They consider "current salary" Projected or "future" or promised salary, is specifically not considered (by I-864 rules which the consulates will usually use)

If your current salary is $24,000, permanent and you have an employment letter to that affect, you would not be borderline. If your CURRENT, that means the day you sign the I-134, salary is $20,000, NOT permanent with a promise of $24,000 in the future, that is very borderline.

Borderline doesn't matter.

If he crosses the threshold, he crosses it.

OP - you have a contract? What does it say?

[Gary and Alla 3,694]

Assets are valed at 1/3 income. Your $20,000 in the bank will equal about $6,500 worth of income, so if you are a little short, this can be used to make up for the shortfall, IF the consulate will consider it, they do not have to and cash assets are sometimes frowned upon. The point of all this is to determine how much money they can get from you if you default on your obligations, cash assets are tough to get hold of since they can be withdrawn right after the interview and disappear. It will depend on the consulate to some extent. With a K-1 you have to qualify again after your fiance(e) arrives during the AOS process.

The I-134 is a legally unenforceable document - it is not a contract.

Nobody can get anything from you if you default on your 'obligation' to support the non-immigrant.

Of course they can't but they are evaluating based on that standard anyway because they know that if the intending immigrant arrives and marries, that same sponsor is going to be signing an I-864.

The statement wasn't ABOUT enforceability. It was about what's being "considered" by the person with the power to say yes or no to the visa.

Pushbrk, this it ypical RJ. Have you noticed the "ignore" feature of this site?

To the OP, consulates can, and do, consider whatever they choose in this decision. It is a subjective judgement. Legally enforceable or not, (the I-134 is not only NOT legally enforceable, it isn't even requireed, you can write your own affidavit) but if you do not satisfy the consulate, you get no visa. The consulte is concerned if your fiancee becaomes a public charge the government needs a way to collect on your obligation...it is often hard to do so when the assets offered are cash. Cash assets can too easily vanish immediately after approval, and for that reason are sometimes not considered.

Now some of us offer you good solid advice and others...well, do not. I preseume you know the difference and that your previous comment about the wealth of information available here is jusidcioulsy applied.

[rebeccajo 14]

Pushbrk, this it ypical RJ. Have you noticed the "ignore" feature of this site?

To the OP, consulates can, and do, consider whatever they choose in this decision. It is a subjective judgement. Legally enforceable or not, (the I-134 is not only NOT legally enforceable, it isn't even requireed, you can write your own affidavit) but if you do not satisfy the consulate, you get no visa. The consulte is concerned if your fiancee becaomes a public charge the government needs a way to collect on your obligation...it is often hard to do so when the assets offered are cash. Cash assets can too easily vanish immediately after approval, and for that reason are sometimes not considered.

Now some of us offer you good solid advice and others...well, do not. I preseume you know the difference and that your previous comment about the wealth of information available here is jusidcioulsy applied.

Gary -

What is your problem?

Stop trying to scare the bejezus out of this guy! He has questions, not an unsurmountable problem. He needs to research what is required for his consulate. Supplemental cash assets are likely just fine. I personally know of no consulates where they aren't but since more than one of you are claiming they are out there, I will yield on that point at the moment.

The OP has some sort of contract for his employment. He is a recent graduate. It's not as if he has been arsing off for the last few years doing nothing. He is a young professional. If we know what is in his contract it's possible he can create a picture of his CURRENT earnings any reasonable ConOff will be able to understand.

Please stop postulating about who you think knows more around here. It's really unhelpful to others. And it makes you look petty to boot.

[Gary and Alla 3,694]

To the OP. Consulates can look at your fiancee and decide that because she is attractive and has a good education she is not likely to become a public charge and approve her just on that alone. If she speaks passable English, (a really good possibility in CZ) so much the better. So, it is possible you could forget about the I-134 entirley and she could be approved. That isn't so scarey is it? Now you are all warm and fuzzy feeling? No worries?

My advice is conservative, not scarey. I presume you wish to receive success in the first attempt at getting the visa. Correct me if I am wrong. I presume you wish for your fiancee to exit the consulate smiling and with a paper in hand to arrange delivery of her visa...not crying and with a paper in hand saying she needs to come back with a co-sponsor. I presume you are mature and a big boy and can handle the truth delivered to you far in advance so you can prepare accordingly. I presume that as an educated professional you know the value of being prepared and will prefer to be slightly over-gunned for the situation. From your other posts I see you are a thoughtful and serious person who wishes to know about that which he is signing, and I respond as such a demeanor indicates. I take the siutation seriously, because it is is a serious situation. I take you seriously because your questions are sincere and serious.

Anything you can present which provides additional assurance to the CO reviewing your case will be to your benefit. They can consider or not consider anything they wish.

Edited October 30, 2009 by Gary and Alla

[rebeccajo 14]

ezmiller -

Do you have a contract for your job and if so what does it say?

[pushbrk 13,136]

If he crosses the threshold, he crosses it.

Crossing the threshold is not assurance the Consular officer will approve the visa. It's a subjective judgment being made. At least, you're not advocating the 100% threshold. Please understand the difference between informed and prepared and "scared". Many of us have seen co-sponsors requested even when the "threshold" has been crossed.