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Filed: K-1 Visa Country: Philippines
Timeline
Posted

HI TO ALL VJRs,

My fiance and i applied for K! fiance visa in Philippines. In our preparation for interview we are required I-134, my fiance income last 2009 is only 15,000 which is under 125% poverty level. and thats what we put in his I-134 as his annual derive income basing in his income tax return last year. .. but God is good this september 2010 he landed in good job,he is earning 3000 monthly, we have employers certificate for this new job he has.i will have interview this october..will the cosulate will deny me because he is earning less than 124% pverty level lasr year,even he is employed now just this september with 3000monthly income? please help.i really need it so much...thank you thank you VJRs.

Posted

If the current income meets the level needed - and you can prove it - that will go in a long way to support the affidavit.

(moving to Embassy - not a ROC post)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

You stand a good chance of having the consular officer approving you with the new job. Have your fiance get a letter from his employer stating he is employed by them and his wages. This needs to be on company letterhead (e.g. company logo). Have him save all his paycheck stubs or electronic receipts for you to take to the interview.

Naturalization

3/23/14 - N400 package sent to Phoenix

3/27/14 - N400 package delivered

4/3/14 - NOA1 receipt date

4/4/14 - check cashed

04/29/14 - biometrics date

07/01/14 - interview date

xx/xx/xx - Oath Ceremony

Filed: K-1 Visa Country: Philippines
Timeline
Posted

thank you so much ,it really helps a lot....but i only have one check stub since he just started this september of 2010. will that be ok? by the way in travel.state.gov. i also read that 125% poverty guideline are applicable only for I-864 affidavit. but applicants using i-134 need to show the co that the petioners income is 100% poverty level,is this guideline are not applied now? thank you so much

You stand a good chance of having the consular officer approving you with the new job. Have your fiance get a letter from his employer stating he is employed by them and his wages. This needs to be on company letterhead (e.g. company logo). Have him save all his paycheck stubs or electronic receipts for you to take to the interview.

Posted

thank you so much ,it really helps a lot....but i only have one check stub since he just started this september of 2010. will that be ok? by the way in travel.state.gov. i also read that 125% poverty guideline are applicable only for I-864 affidavit. but applicants using i-134 need to show the co that the petioners income is 100% poverty level,is this guideline are not applied now? thank you so much

I am not sure where you read this; do you have a link?

The I-134 is used by the Manila Embassy for the K visas and normally requires the 125% of poverty level as listed on the I-864p. If the petitoner is on active duty in the US military then the 100% level is used.

As for the check stub, have your fiance email you a scan of each stub until your interview. The decision of how many stubs is acceptable will be up the the interviewing Consular Officer.

Naturalization

3/23/14 - N400 package sent to Phoenix

3/27/14 - N400 package delivered

4/3/14 - NOA1 receipt date

4/4/14 - check cashed

04/29/14 - biometrics date

07/01/14 - interview date

xx/xx/xx - Oath Ceremony

Posted

HI TO ALL VJRs,

My fiance and i applied for K! fiance visa in Philippines. In our preparation for interview we are required I-134, my fiance income last 2009 is only 15,000 which is under 125% poverty level. and thats what we put in his I-134 as his annual derive income basing in his income tax return last year. .. but God is good this september 2010 he landed in good job,he is earning 3000 monthly, we have employers certificate for this new job he has.i will have interview this october..will the cosulate will deny me because he is earning less than 124% pverty level lasr year,even he is employed now just this september with 3000monthly income? please help.i really need it so much...thank you thank you VJRs.

I think you stand an excellent chance of getting your visa.

Even though you have received good advice from the other posters already, I will throw in my two cents worth:

> Since the consul officer will normally put great weight on the petitioner's current sustained income, make sure your petitioner sends you all of his current paycheck stubs. Those paycheck stubs will show the consul officer that your petitioner is on a trajectory in 2010 (and beyond) to earning well-above 125% of the poverty line. Make sure you point that fact out to the consul officer because sometimes the consul officer will only pay attention to the petitioner's 2009 income tax return. That is exactly what happened to a friend of mine who petitioned his Pinay fiancée for a K-1 fiancée visa. The consul officer did not notice the petitioner's increased earnings reflected on his current paycheck stubs, the beneficiary did not call the consul officer's attention to it, and the beneficiary received a 221g due to the petitioner's low income on his 2009 income tax return.

> Your petitioner should write a short letter addressed to the consul officer that you can submit to both the pre-screener and the consul officer which states that your petitioner's job has changed and his current sustained income has increased to well-above 125% of the poverty level. Make sure the consul officer is aware of these changes. This is one way my friend responded to the 221g.

> Make sure to submit an employer's letter from your petitioner's new employer. Among other things, the employer's letter will show your petitioner's increased income.

> Just to make sure, my friend also got a cosponsor. His beneficiary submitted the cosponsor's I-864 and the accompanying paperwork. Normally, K-1 applicants who fall below 125% of the poverty line can submit an I-134 from a cosponsor. My friend chose to submit an I-864 because it is somewhat more legally binding. The USEM accepted the I-864. My friend's beneficiary received her fiancée visa the following week.

Good luck with your interview! :star:

 
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