K-1 - Income Requirements

[dnxt 0]

I'm hearing different things regarding income requirements for the K-1 and just want to know definitively. My income for 2000-2008 is above the poverty limits but 2009 is well below. My income now and for 2010 will be well above the poverty limits, but with 2009 being below, will this be an issue?

I know co-sponsorship is not accepted, but with my current income above the poverty limits now and the previous 8 years also above, is this adequate?

[ScottThuy 140]

You will need to show assets that are valued at 3 times the disparity... they dont care as much about the past 8 years, they look at if you can support the beneficiary now based on recent past... is the shortcoming in 2009 a huge amount? The reason for the shortage this past year may cause them to put more weight on previous years .... for example if it was a medical issue where one was out of work for some period of time..

[dnxt 0]

The disparity is quite large and I do not have 3x the assets to cover the income disparity. So does this mean that I must wait until I file 2010 taxes??

[Bobby+Umit 161]

The disparity is quite large and I do not have 3x the assets to cover the income disparity. So does this mean that I must wait until I file 2010 taxes??

You will not need assets to cover anything.

Do this:

Include your tax transcripts for 2006,2007,2008.

Include documentation showing your current 2010 income, using recent pay stubs, and a letter from your employer stating type of job, salary, type of employment (full/part).

That will be used to adjudicate your case.

This is from the I-864 FAQ

What income documentation is required?

With their Form I-864, the sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return. However, the sponsor may, at his or her option, submit Federal income tax returns for the three most recent years if the sponsor believes these additional tax returns may help establish the sponsor's ability to maintain his or her household income at the applicable threshold set forth in the poverty guidelines. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed with the National Visa Center, the U.S. embassy or consulate. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information for additional evidence to reach a determination. If the sponsor is relying on income from any household member or dependents to reach the minimum income requirement, an IRS-issued transcript or a copy of each individual's most recent tax return is also required, and each person must complete a Form I-864A, Contract Between Sponsor and Household member. The consular officer may ask for additional income documentation, such as employment letter.

Source

Edited January 16, 2010 by Bobby+Umit

[ScottThuy 140]

He will be filing an I-134.... IMO it will depend on the CO that goes over the file at the consulate... Assuming he has not sent in the petition.. the I-134 will be required and it will be after the 2009 taxes are filed so they will expect to see 2009 numbers... VN is notorious for denying based on income as well as not accepting a cosponsor most of the time... based on the scenario presented its a roll of the dice... if they can afford the $ involved in the petition, medical etc.. the CO may approve it... an employer letter saying that the USC is making good money again, along with 2010 pay stubs, may be what gets it approved... the previous filings would also be needed.. going back for some time to show a trend..

[dnxt 0]

Thanks for the responses. Sounds like the best option is to be patient and file the k-1 next year. In my heart I know that if it's meant to be, then we'll eventually be together.

Good luck along your journey fellow VJers!

[kevinbui86 0]

They really only care about your CURRENT INCOME. I only have 1 year of income and was approved. However, I provided proof that I didn't work the previous years because I was still a student.

[dnxt 0]

Kevin,

Did you have a co-sponsor?

[kevinbui86 0]

Kevin,

Did you have a co-sponsor?

no, I did not have a Co-sponsor. At the interview, the CO didn't really care about my income situation. They really care more about the relationship and ask for proof of the wedding and photos. My advice is go ahead and file the petition. You won't have to submit the I-134 until further down the road toward the interview. By then, you should have plenty of proof that your income for 2010 is ABOVE the poverty line. Give the CO, all your pay stubs for 2010, bank statements, and letter from your current employer stating your CURRENT salary.

Don't really stress out about the income, just make sure you have all your evidence ready. Thats what they really look at. Phone bills, emails, snail mail, chat logs, photos together, engagement party photos, fiance with your family photos, money transfer receipts, receipts for everything...ring, flowers, plane tickets stubs

[Dau Que 6]

I'm hearing different things regarding income requirements for the K-1 and just want to know definitively. My income for 2000-2008 is above the poverty limits but 2009 is well below. My income now and for 2010 will be well above the poverty limits, but with 2009 being below, will this be an issue?

I know co-sponsorship is not accepted, but with my current income above the poverty limits now and the previous 8 years also above, is this adequate?

Even for USCs, one day being employed and the next standing in line at the Unemployment office is the norm these days. If your projected income for this year, 2010, is above the required poverty limit, you should be OK.

However, in order to provide more "supportive" financial evidence to comfort the CO, you should provide bank statements indicating how much money you have saved for your "rainy" days. If you live from paycheck to paycheck, and have nothing in saving, no one gonna believe you two will be OK in the event of being unemployed. The CO on behalf of the US gov't certainly doesn't wanna bring "potential" burden to the US social service programs.

Edited January 18, 2010 by Dau Que