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Filed: K-1 Visa Country: Ukraine
Timeline

I know this has been asked a thousand times in different variations, and I have read a bunch on it... I guess I'm just throwing the questions here just to get more peace of mind on the subject. So I'd appreciate any input. I'm about 2 months into the NOA1 stage right now.

Concerning income:

1. I had zero income last year. Didn't work at all. Therefore, I didn't file taxes for 2011. I've read other posts stating that a letter stating that you just write a letter explaining this. Should I be worried about only have a letter that explains this?

2. I started my job April 15th and received NOA1 May 11th. So, going by timeline estimates we should be getting a NOA2 in October and probably an interview in November. So by the time she gets to the interview, I'll probably have sent her roughly 6-7 months worth of pay stubs (12-14 stubs as I get payed every two weeks). My gross income (as I've read is what they go by), is $24k-ish, but after only seven months of employment, there will only be evidence of about $14k earned so far this year. Will all of my pay stubs showing consistent income for that period, coupled with a letter from my employer saying that I'm an awesome employee, we'll keep him forever and ever, blah blah blah be good enough?

I know you all get tired of these questions, but I can't help but worry. Thanks for any replies.

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Filed: Citizen (apr) Country: Mexico
Timeline

I know this has been asked a thousand times in different variations, and I have read a bunch on it... I guess I'm just throwing the questions here just to get more peace of mind on the subject. So I'd appreciate any input. I'm about 2 months into the NOA1 stage right now.

Concerning income:

1. I had zero income last year. Didn't work at all. Therefore, I didn't file taxes for 2011. I've read other posts stating that a letter stating that you just write a letter explaining this. Should I be worried about only have a letter that explains this?

2. I started my job April 15th and received NOA1 May 11th. So, going by timeline estimates we should be getting a NOA2 in October and probably an interview in November. So by the time she gets to the interview, I'll probably have sent her roughly 6-7 months worth of pay stubs (12-14 stubs as I get payed every two weeks). My gross income (as I've read is what they go by), is $24k-ish, but after only seven months of employment, there will only be evidence of about $14k earned so far this year. Will all of my pay stubs showing consistent income for that period, coupled with a letter from my employer saying that I'm an awesome employee, we'll keep him forever and ever, blah blah blah be good enough?

I know you all get tired of these questions, but I can't help but worry. Thanks for any replies.

With having no income last year and just starting a new job in April, it is possible the CO could ask to see a co-sponsor. It is also quite possible they will go by your current annual income of $24k and accept your affidavit on its own. It is up the sole discretion of the interviewing officer. Sorry I do not have a more definitive answer for you. Perhaps someone that has gone through the same consulate will come along and let you know how strict they are there about the financials.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: K-1 Visa Country: Philippines
Timeline

You should prepare yourself that you might not convince the CO without a Co-Sponsor, but research if they are accepted much by your embassy. For instance, in the Philippines, co-sponsors are almost never accepted. A letter from your employer won't do much good. They'll look at the paycheck stubs first. But as part of it, you're required to submit the previous year's tax return. Since you didn't file, you're going to have to explain that. And I'm afraid that doesn't look very good.

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Filed: K-1 Visa Country: Ukraine
Timeline

Thanks for the responses. I'm fairly sure the Kiev embassy accepts co-sponsors quite a bit. I wonder if I filed a tax return late now so that I'd have a transcript for her interview if that would make a difference. Although I thought current income was the criteria they were supposed to go by.

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Filed: Citizen (apr) Country: Mexico
Timeline

Thanks for the responses. I'm fairly sure the Kiev embassy accepts co-sponsors quite a bit. I wonder if I filed a tax return late now so that I'd have a transcript for her interview if that would make a difference. Although I thought current income was the criteria they were supposed to go by.

Current income is the main criteria they look at, but they will look at the overall picture as well to determine if the beneficiary might become a public charge when in the US. For example, someone that did not make enough in the prior year and their current income just makes the requirement by a few dollars. Technically they meet the 125% requirement, but because they had a lower income previously, and their current income is borderline, the CO may still want to see a co-sponsor before approval because they are not convinced there will be no public charge situation.

You can file your taxes to show a return, but it won't really help you because the return will show you made $0. It is not a bad idea to file any back taxes anyway since you need to list your income from the last 3 years returns when you are married, filing AOS and need to file the I-864.

Like I said, the CO may look at the overall annual current income of $24k supported by your employment letter and pay stubs and approve you with no problems because your income is not borderline. I just did not want to say they would approve you for sure because I am not the CO and cannot say that with certainty. I can say I very much like your chances because current income is the biggest factor, but I still think you should ask others that went through Kiev in similar situations how it went for them.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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While I am in a different scenario, as I have all my taxes and everything. The CO even didn't look at all the evidence that my fiancee brought, but just took I-134. While your current income is the main driver and you are above the 125% of the poverty line. Just get ready that you might need a co-sponsor, better to find one now, and if you will not have to use it then great. But in any case you will have all your fronts covered.

The good thing Ukraine does accept co-sponsor, so you should be fine.

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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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Filed: K-1 Visa Country: Ukraine
Timeline

Like I said, the CO may look at the overall annual current income of $24k supported by your employment letter and pay stubs and approve you with no problems because your income is not borderline. I just did not want to say they would approve you for sure because I am not the CO and cannot say that with certainty. I can say I very much like your chances because current income is the biggest factor, but I still think you should ask others that went through Kiev in similar situations how it went for them.

Yeah, I wanted opinions of those that went through Kiev as well, that was the idea of posting in the first place - though certainly opinions from anyone who has been through this experience are valued.

While I am in a different scenario, as I have all my taxes and everything. The CO even didn't look at all the evidence that my fiancee brought, but just took I-134. While your current income is the main driver and you are above the 125% of the poverty line. Just get ready that you might need a co-sponsor, better to find one now, and if you will not have to use it then great. But in any case you will have all your fronts covered.

The good thing Ukraine does accept co-sponsor, so you should be fine.

Yeah, I understand the rationale. I *can* get a cosponsor, I just hate asking people for things like that (even if the I-134 doesn't actually put them under any legal obligation). I used to be in the Army, so I'm used to dealing with government - except we had clear standards. If you met the standards, all was well. If you didn't, you fail. So having this grey area to deal with is a bit annoying. This brings up another question, though. If she's in the interview and first hands them my I-134 + evidence, and the CO doesn't like it, will they allow her the opportunity to then present the cosponsor I-134 before the interview is over? Or will they issue a denial/request for more supporting documentation AFTER the interview, and force her to reschedule for ANOTHER interview?

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I know this has been asked a thousand times in different variations, and I have read a bunch on it... I guess I'm just throwing the questions here just to get more peace of mind on the subject. So I'd appreciate any input. I'm about 2 months into the NOA1 stage right now.

Concerning income:

1. I had zero income last year. Didn't work at all. Therefore, I didn't file taxes for 2011. I've read other posts stating that a letter stating that you just write a letter explaining this. Should I be worried about only have a letter that explains this?

2. I started my job April 15th and received NOA1 May 11th. So, going by timeline estimates we should be getting a NOA2 in October and probably an interview in November. So by the time she gets to the interview, I'll probably have sent her roughly 6-7 months worth of pay stubs (12-14 stubs as I get payed every two weeks). My gross income (as I've read is what they go by), is $24k-ish, but after only seven months of employment, there will only be evidence of about $14k earned so far this year. Will all of my pay stubs showing consistent income for that period, coupled with a letter from my employer saying that I'm an awesome employee, we'll keep him forever and ever, blah blah blah be good enough?

I know you all get tired of these questions, but I can't help but worry. Thanks for any replies.

You probably need a co-sponsor--from what you said the Embassy always basis on your Income they reason of doing that is they have to make sure that your fiance will not end up into Government assistance. You have to show them proof like co sponsor. your Employer letter is not good enough.

Goodluck!!

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I know this has been asked a thousand times in different variations, and I have read a bunch on it... I guess I'm just throwing the questions here just to get more peace of mind on the subject. So I'd appreciate any input. I'm about 2 months into the NOA1 stage right now.

Concerning income:

1. I had zero income last year. Didn't work at all. Therefore, I didn't file taxes for 2011. I've read other posts stating that a letter stating that you just write a letter explaining this. Should I be worried about only have a letter that explains this?

2. I started my job April 15th and received NOA1 May 11th. So, going by timeline estimates we should be getting a NOA2 in October and probably an interview in November. So by the time she gets to the interview, I'll probably have sent her roughly 6-7 months worth of pay stubs (12-14 stubs as I get payed every two weeks). My gross income (as I've read is what they go by), is $24k-ish, but after only seven months of employment, there will only be evidence of about $14k earned so far this year. Will all of my pay stubs showing consistent income for that period, coupled with a letter from my employer saying that I'm an awesome employee, we'll keep him forever and ever, blah blah blah be good enough?

I know you all get tired of these questions, but I can't help but worry. Thanks for any replies.

Current income is above the 125% level for your household size (you plus your spouse). Good. Show the pay stubs AND get a letter from your employer stating hire date, income level, job status (full or part-time) on company letterhead from the HR department. I would file taxes for last year only so you can have a transcript for the I-864 when you file AOS. Do you have any savings or other assets you can list? You are above the level by several thousands of dollars so I do not see what the problem is. At least you are not like other people in other threads where they are short of the 125% level. They want to see current income above 125% of the poverty level. They might prefer to see three years above that level, but only the current year matters. I mentioned this before to someone else in your situation: What would you think they would do if you have the last three years where you made $60,000, but this year you made $14,000. Do you think you will be approved with the low current income?

You are above the 125% level for a family of 3. So relax and do not worry about getting a co-sponsor.

Good luck in your journey,

Dave

Edited by Dave&Roza
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Filed: Citizen (apr) Country: Mexico
Timeline

Yeah, I wanted opinions of those that went through Kiev as well, that was the idea of posting in the first place - though certainly opinions from anyone who has been through this experience are valued.

Oh, I know you wanted advice from those that went through Kiev, that is why I think if you asked in your regional forum, you might have gotten better, consulate specific answers. The poster above that also went through Kiev made it sound like they are not overly strict about the financials, so being above the 125% probably means you will be fine without the co-sponsor.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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