K1 OR CR1...??

[NK1972 0]

Hi everyone

My fiance (US citizen) and I (UK citizen) have been together for two years and are still undecided about which visa to apply for.

My main worry is his finances. He started a new job in March which is more than enough to cover the 125% poverty line. During 09-10 he was deployed with the US army and his earnings were tax free and above the 100% guideline. Before that he was below the 125%.

Would we need a co sponsor because his income in the past was not enough even though he now earns around $35k? I don't understand why three years over the 125% is relevant, surely it is the current income that is most important? Can someone explain?

If we went for the K1 would the London embassy allow me to support myself? I have around £30k in the bank. What happens when it comes to AOS and his finances don't satisfy?

Thanks for your help.

[Inky 1,111]

Current income is what they look at.

My husband did not make enough to meet 100% even for the first 2 years and 3rd he made 125%.

[jingo 38]

Current income is what matters.

Also, I believe the finance requirement is the same for both K1 and CR1 so it just depends if you're engaged or married.

[NK1972 0]

Thanks guys!! Your responses have made me feel a lot better! So what's the deal with the past three years of income?

We would rather marry and do CR1 but isn't the finance issue a little tougher regarding the affidavit of support?

[Inky 1,111]

Thanks guys!! Your responses have made me feel a lot better! So what's the deal with the past three years of income?

We would rather marry and do CR1 but isn't the finance issue a little tougher regarding the affidavit of support?

Not sure why they want 3 years of it because even if you didn't work for your entire life you can still be approved with a co-sponsor lol.

[JoannaV 174]

Some Embassies may have tougher requirements, in that they may want you to prove sustained current income by your past income history, but this isn't true of London.

You need to list the income from the past three tax years, but this isn't so much an income issue as a tax issue: they want to make sure you're a good tax-paying citizen Someone whose current income is just above the requirement may find it helpful to prove that their past income was also just above the requirement, ie in that case it may help prove their current income is reasonably stated. (Or also in the case of someone whose most recent year was lower for a specific reason, and maybe if they're self-employed.) But for someone whose current income is substantially above the requirement (which your partner's is) the past is really irrelevant.

If you were having to prove income right now he would have to use pay stubs and maybe an employer letter, but by the time you guys make it to the stage of needing to prove income he should have his 2011 tax return showing >125% so may not even need to use those (though you probably will choose to include those as well).

Whichever visa you go for, your assets can also be listed.

You will be fine finance wise for both visas, so that need not figure into your decision-making :-)

[NK1972 0]

Some Embassies may have tougher requirements, in that they may want you to prove sustained current income by your past income history, but this isn't true of London.

You need to list the income from the past three tax years, but this isn't so much an income issue as a tax issue: they want to make sure you're a good tax-paying citizen Someone whose current income is just above the requirement may find it helpful to prove that their past income was also just above the requirement, ie in that case it may help prove their current income is reasonably stated. (Or also in the case of someone whose most recent year was lower for a specific reason, and maybe if they're self-employed.) But for someone whose current income is substantially above the requirement (which your partner's is) the past is really irrelevant.

If you were having to prove income right now he would have to use pay stubs and maybe an employer letter, but by the time you guys make it to the stage of needing to prove income he should have his 2011 tax return showing >125% so may not even need to use those (though you probably will choose to include those as well).

Whichever visa you go for, your assets can also be listed.

You will be fine finance wise for both visas, so that need not figure into your decision-making :-)

Thank you!!