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Filed: Other Timeline
Posted

Hello all, I have a question regarding how to meet the financial requirements of either a K-1 or K-3 visa. I list the two of these because my fiancée and I are considering both, though we lean strongly towards the former (for several reasons, most notably simplicity and the shorter timescale).

The situation is, I am currently a graduate student. While within the span of several months I should be permanently employed and making well above 125% of poverty level, as it stands now my combined income and assets, by any standard, are less than sufficient. I understood that co-sponsorship was an option, but none of my family are both willing and able to assist us, so this option is out.

My fiancée, on the other hand, a German citizen, is currently employed and making well above the minimum income demanded for the K-1. She is currently working in Germany for an American company, and has been promised by her employer that as soon as she can document her marriage to a USC, she will be granted a transfer to an office in the U.S. and begin making her salary in dollars instead of euros.

My question is ... does her income count for anything? I've read from several threads and other sources about "self-sponsorship," in which a foreign spouse or fiancé's income is sufficient to prove that they will not become a public charge upon coming to the U.S. I have yet to find anything specific about this, though, and so that's why I ask here (in addition to electronically contacting the consulate in Frankfurt, closest to her). Does the VJ community know anything more about this - what's possible regarding this for a K-1? Whether it's possible with the K-3 instead?

Any experience or suggestions would be helpful. Thank you all very much.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Hello all, I have a question regarding how to meet the financial requirements of either a K-1 or K-3 visa. I list the two of these because my fiancée and I are considering both, though we lean strongly towards the former (for several reasons, most notably simplicity and the shorter timescale).

The situation is, I am currently a graduate student. While within the span of several months I should be permanently employed and making well above 125% of poverty level, as it stands now my combined income and assets, by any standard, are less than sufficient. I understood that co-sponsorship was an option, but none of my family are both willing and able to assist us, so this option is out.

My fiancée, on the other hand, a German citizen, is currently employed and making well above the minimum income demanded for the K-1. She is currently working in Germany for an American company, and has been promised by her employer that as soon as she can document her marriage to a USC, she will be granted a transfer to an office in the U.S. and begin making her salary in dollars instead of euros.

My question is ... does her income count for anything? I've read from several threads and other sources about "self-sponsorship," in which a foreign spouse or fiancé's income is sufficient to prove that they will not become a public charge upon coming to the U.S. I have yet to find anything specific about this, though, and so that's why I ask here (in addition to electronically contacting the consulate in Frankfurt, closest to her). Does the VJ community know anything more about this - what's possible regarding this for a K-1? Whether it's possible with the K-3 instead?

Any experience or suggestions would be helpful. Thank you all very much.

K3 really doesn't exist anymore. CR1 will happen sooner and is a better spouse visa.

K1 isn't necessarily faster, and has another step and $1K expense in the Adjustment of status phase which is needed for work authorization. K1 entrant isn't work authorized, so that makes it a lot tougher (most times) to self sponsor on the I-134. So if working upon arrival is important, spouse visa is the choice.

For K1 the I-134 isn't needed until the interview. So if the USC will be working and earning above the requirement by then, K1 can be filed without needed the joint sponsor. But the beneficiary still will not be work authorized for several months after entry.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
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