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Posted

Hi everyone

I'm hoping someone might have had a similar situation to mine that could help calm my nerves:

My fiance's last 3 years of tax returns only show approx. 10K income since he was a bartender and did not make a high hourly wage but instead made all his money in tips.

In February 2011 he started a second job as a server at a hotel where his gratuities are included on his paycheques so his year-to-date income as shown on his paycheque is well above the minimun requirement.

My concern is that the only evidence I really have that his annual income meets the requirement is from his "year to date" on his paystub. He is a server and he does not have a pre-determined annual salary so his letter of employment only confirms that he is a full-time employee with no mention of annual salary.

I have two of his most recent pay stubs from both jobs, letters of employment from both (only confirms employment does not mention salary), and a bank statement but I am still freaking out. Any thoughts if I need a co-signer?

Thanks for your help!!

Filed: K-1 Visa Country: Canada
Timeline
Posted

I would think it would be ok to quote a calculated amount of income as salary, but I'm not sure, so perhaps someone can back me up? Essentially, even tho you may not get paid on salary, you still have an annual income of xxx even if its a rough number due to fluctuations in tips. Its good that they included his tips. You can really get stung for not declaring them and having it discovered! I think as long as the numbers add up right its ok, but someone else may want to chime in on this one. No need to freak out tho, I'm sure you'll be fine!

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I would get a co-sponsor just in case. Bring it to the interview with you have all the papers on hand.

Anyone here can say oh thats fine! But when you get to the interview its that interviewer who says hmm I need a co-sponsor or not. Based of what they feel and read etc, if they don't feel what you have is enough for them to OK it then they will ask for more.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Hi everyone

I'm hoping someone might have had a similar situation to mine that could help calm my nerves:

My fiance's last 3 years of tax returns only show approx. 10K income since he was a bartender and did not make a high hourly wage but instead made all his money in tips.

In February 2011 he started a second job as a server at a hotel where his gratuities are included on his paycheques so his year-to-date income as shown on his paycheque is well above the minimun requirement.

My concern is that the only evidence I really have that his annual income meets the requirement is from his "year to date" on his paystub. He is a server and he does not have a pre-determined annual salary so his letter of employment only confirms that he is a full-time employee with no mention of annual salary.

I have two of his most recent pay stubs from both jobs, letters of employment from both (only confirms employment does not mention salary), and a bank statement but I am still freaking out. Any thoughts if I need a co-signer?

Thanks for your help!!

I can only speak in regards to him being bartender and only being able to show a certain part of his tips. Legally, a bartender or server or anyone who makes tips is legally responsible for reporting 100% of those tips (though most dont :P), I am sure nothing would actually happen, but saying that even though it only says I made X amount, I actually made Y amount in tips would show that you did not report your tips. For most purposes, such as rental agreements or what have you, its fine. For this purpose, I know that I wouldn't feel comfortable risking it. I would think, only because he hasn't held the current job for that long, that you might want to get a co-signer just in case. A letter of employment without mentioning salary, I would think, is worthless in a situation such as this since the point is to prove that he has enough income.

AOS Journey

04/05/2013 - Submitted I-485, I-763, I-131

04/10/2013 - NOA for all submitted forms

04/15/2013 - Biometrics Appointment Scheduled

05/10/2013 - Biometrics Appointment

K1 Journey

09/20/2011 - Submitted I-129F

09/23/2011 - NOA1 (as dated on hard copy received on 09/30/2011 )

01/06/2012 - NOA2 (Your I-129f was approved in 105 days from your NOA1 date.)

01/24/2012 - Petition Arrived at NVC and given MTL Case#

01/26/2012 - Petition Sent to Montreal Consulate

02/03/2012 - Consulate Mailed Packet 3

02/17/2012 - Returned Packet 3 to Consulate

02/27/2012 - RFE for Packet 3

03/14/2012 - Information for RFE sent to Consulate

03/20/2012 - Packet 4

04/24/2012 - Interview at Montreal Consulate (Your interview took 214 days from your I129-F NOA1 date.)

05/22/2012 - Rescheduled Interview at Montreal Consulate (silly us for waiting so long on going to get the criminal check; don't think it will be in on time for the interview so we just went ahead and rescheduled when we saw there was a date open) - APPROVED!

09/23/2012 - Jordan arrived on K1 Visa via Pearson in Toronto

10/19/2012 - Gettin' Married!

Posted

Thanks for the replies. I am going to get a co-signer. Now I just hope his mother can get us all the required documents in 2 weeks. My interview is Nov 21. My lawyer lead me to believe I wouldn't need a co-signer but I am skeptical and feel more comfortable having one. I hired a lawyer before I found this site :(

 
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