K-1 Visa - Petitioners Income

[Steve & Rema 4]

I know I've been spamming the Canadian forums for a few days now, I just keep getting new questions and concerns.

My interview is on July 23rd. I've been worrying a little bit since I've been reading up a lot more on how to be prepared. My fiance has sent me the 1-134, Affidavit of Support form, along with a letter from his employer stating he is a full time worker, his job title and his hourly pay (it doesn't state salary since he is currently on hourly pay). My fiance also sent hiw W2 Tax returns from last year and 7 months worth of recent pay stubs.

Now my concern is the fact that his W2 tax returns from last year, don't add up to above 18k yearly salary which I believe is the minimum required, to prove that he can support me. However, his pay now is above this point. Is it going to be a problem that his employee letter only shows hourly? Is it a problem that his last year W2's were low? Also, he was job hopping a bit since so he have a few W2's.. but he finally found and settled into a good job around the end of 2011.

I'm worried that I might be declined based on them thinking he cannot support me. Will the pay stubs and his employee letter be enough? If not, what can we do?

[amykathleen2005 441]

And ideal employer letter would also verify the number of hours that he is working a week on average.

[Steve & Rema 4]

And ideal employer letter would also verify the number of hours that he is working a week on average.

Well it states he works full time, isn't full time in the US known to be 40 hours a week? Plus the pay stubs show hours.. each one of his pay stubs is for 2 weeks, and it shows 80 hours.

Edited July 8, 2012 by Rema

[amykathleen2005 441]

Depends, some companies define their own version of full time. Where I work it is over 25 hours.

[Steve & Rema 4]

Depends, some companies define their own version of full time. Where I work it is over 25 hours.

Alright, well either way his hours are on his pay stubs...

[Steve & Rema 4]

Alright, so I just did some research of my own, need some approval of it.

I followed the link here: http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas.html

Which took me here: http://travel.state.gov/visa/immigrants/types/types_2994.html#8

I scrolled down and read this:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

According to http://coverageforall.org/pdf/FHCE_FedPovertyLevel.pdf 100% of the poverty line is $15k... if that's the case then we're ok, because he made a little over $15k last year.

Did I find the correct answer myself?

Edited July 8, 2012 by Rema

[eaglewest 9]

From what I understand is your fiance yearly income need to be consistent and above the poverty guideline as due the requirement.

[Steve & Rema 4]

From what I understand is your fiance yearly income need to be consistent and above the poverty guideline as due the requirement.

I understand that, I think they understand that some people find new jobs, and as such may not have the same job as last year. If anything he could write a letter stating why he changed jobs a few times last year (i.e company going out of business, finding higher paying job). Not sure if that's necessary though.

Still concerned over the income thing.. Is it 15k or 18k that he needs to be making? If it's 18k, will our proof of current income be good enough to get approved since he only make 15k last year?

Alright, so I just did some research of my own, need some approval of it.

I followed the link here: http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas.html

Which took me here: http://travel.state.gov/visa/immigrants/types/types_2994.html#8

I scrolled down and read this:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

According to http://coverageforall.org/pdf/FHCE_FedPovertyLevel.pdf 100% of the poverty line is $15k... if that's the case then we're ok, because he made a little over $15k last year.

Did I find the correct answer myself?

Edited July 8, 2012 by Rema

[dukeandduchess 141]

Technically, it is 100% of the poverty limit. However, when it comes to doing your AOS (form I-864), they require 125% of the poverty limit. For that reason, they tend to just look for 125% of the poverty limit because the petitioner will need to be making that by the time you petition for AOS, which is right after you get married.

So, although it isn't a written rule, it is often enforced. It is a judgment call though so it's up to the officer. To be safe, people on VJ say 125% because that is the *best* way to avoid any problems.

Just include recent paystubs and it would be beneficial to have a letter from the petitioner's employer stating his hourly wage and hours to be safe.

[Udella&Wiz 325]

We had a letter from my husband's employer stating length of employement, regular hours and pay per hour or salary (whicever is applicable). Its always wise to just state the details right out front. Don't assume USCIS is going to understand what is implied by 'full time' or know. You don't want to be scrambling at the interview and not have what you need, right? The more information the better.

[Steve & Rema 4]

Alright, I will get him to get a new letter. Is it o.k that the letter is e-mailed to him? Him employer isn't in the same state as him so he cannot get an original letter, it's just a printout with him signature which his employer scanned.

[dukeandduchess 141]

I think that is fine, as long as it is a signed copy with a letterhead.