I-134 based on future earnings as a doctor

[SherryandDaniel 4]

Hi everyone,

I just mailed my I-129F 2 days ago and have officially started the K-1 process! I'm already looking at the next steps, and I had some questions regarding the I-134.

I am in medical school right and haven't been employed in 3.5 years. I will be graduating in May 2013 as a physician and will be starting July 1 in a paid residency position. In March, I will have a legally binding contract with a hospital/university outlining how much I will be paid starting July 1, 2013. My concern is that I haven't actually had any income in 3.5 years, and thus no tax returns. Do you think I still need a co-sponsor or my contract will be enough? I know one my brothers would gladly be our co-sponsor, and income isn't an issue for him. I'll probably ask him either way just to be safe. However, I'm worried because I've read horror stories on here of unemployed members getting rejected even with co-sponsors.

Edited December 5, 2012 by SherryandDaniel

[washington1972 12]

Hi everyone,

I just mailed my I-129F 2 days ago and have officially started the K-1 process! I'm already looking at the next steps, and I had some questions regarding the I-134.

I am in medical school right and haven't been employed in 3.5 years. I will be graduating in May 2013 as a physician and will be starting July 1 in a paid residency position. In March, I will have a legally binding contract with a hospital/university outlining how much I will be paid starting July 1, 2013. My concern is that I haven't actually had any income in 3.5 years, and thus no tax returns. Do you think I still need a co-sponsor or my contract will be enough? I know one my brothers would gladly be our co-sponsor, and income isn't an issue for him. I'll probably ask him either way just to be safe. However, I'm worried because I've read horror stories on here of unemployed members getting rejected even with co-sponsors.

listen...am sure some people on this site is going to say your income is going to be enough to sponsor your fiance,

the immigration are looking for the current income and not really care's for the past As a K1 visa,

but As long as your brother can be a cosponsor,so let him be.it's better to be on the safe spot,

so my advice is yes.you need a cosponsor,Good luck

[VanessaTony 3,567]

While they look at "current income" if it's new current income they may not accept it, usually you need to have been earning at that level for a while. They won't look at "future" income, only current income. You will need to explain why you weren't required to file US taxes but it's not a big deal.

I would use your brother as a co-sponsor. It's the safer option and as a K1 it's not legally binding yet.

Remember that certain advice is country specific. Australia does not have any reported issues with co-sponsors

[SherryandDaniel 4]

Thank you both!!! I had tried to read through the Australia forum and thankfully didn't see any issues with co-sponsors there. I'm new to the forum though (still discovering new ways to navigate the site), and wanted to make sure I wasn't missing something.

[Gary and Alla 3,694]

Hi everyone,

I just mailed my I-129F 2 days ago and have officially started the K-1 process! I'm already looking at the next steps, and I had some questions regarding the I-134.

I am in medical school right and haven't been employed in 3.5 years. I will be graduating in May 2013 as a physician and will be starting July 1 in a paid residency position. In March, I will have a legally binding contract with a hospital/university outlining how much I will be paid starting July 1, 2013. My concern is that I haven't actually had any income in 3.5 years, and thus no tax returns. Do you think I still need a co-sponsor or my contract will be enough? I know one my brothers would gladly be our co-sponsor, and income isn't an issue for him. I'll probably ask him either way just to be safe. However, I'm worried because I've read horror stories on here of unemployed members getting rejected even with co-sponsors.

They go by CURRENT earnings. Your CURRENT earnings prior to July 1 will be -0-. You will need a co-sponsor IF you present an I-134 before that time. Your previous time as a student will not count against you

The I-134 is a "throw away" anyway and is replaced by the I-864 for the AOS. If you need a co-sponsor for the visa and can do the AOS yourself after July 1 then your co-sponsor is really not on the hook for anything. The I-134 is not even a legal document. It is just a summary sheet for warm fuzzy feelings

Edited December 6, 2012 by Gary and Alla

[pieroot 43]

I was just reading another forum of a K-1 that was denied at the consulate b/c the petitioner is unemployed and a graduate student. He used his mother as a co-sponsor to petition his fiancee from Italy. And was totally denied at the consulate. I don't want to scare you, but you may want to check with the country's consulate to make sure that they will accept a co-sponsor for your K-1 since you have no current or recent year income to report.

[Gary and Alla 3,694]

I was just reading another forum of a K-1 that was denied at the consulate b/c the petitioner is unemployed and a graduate student. He used his mother as a co-sponsor to petition his fiancee from Italy. And was totally denied at the consulate. I don't want to scare you, but you may want to check with the country's consulate to make sure that they will accept a co-sponsor for your K-1 since you have no current or recent year income to report.

Good advice. Australia is fairly easy going on this subject. But it certainly can be consulate sensitive.

[VanessaTony 3,567]

I was just reading another forum of a K-1 that was denied at the consulate b/c the petitioner is unemployed and a graduate student. He used his mother as a co-sponsor to petition his fiancee from Italy. And was totally denied at the consulate. I don't want to scare you, but you may want to check with the country's consulate to make sure that they will accept a co-sponsor for your K-1 since you have no current or recent year income to report.

I have already stated Australia's standard. Co-sponsors are accepted, no matter the circumstance. There has never been a rejection of co-sponsor that I, or any other Aussie forum member has reported.

[VanessaTony 3,567]

Good advice. Australia is fairly easy going on this subject. But it certainly can be consulate sensitive.

I already stated it's fine in Australia. I also already stated it was country specific. It should not be a problem at all. If the OP were applying for a K1 in the Philippines where co-sponsors aren't typically accepted for K1, a co-sponsor would probably be accepted given the OP's prospective income (which is the reported Philippine standard for accepting co-sponsors for college students). Their situation is a good one.

[SherryandDaniel 4]

Yes, I did read the story of the graduate student with the co-sponsor being denied from Italy. That is what started getting me more and more concerned.

Thank you all for your reassurance though. Australia does not seem to be a country that denies co-sponsors, but I'm worrier. Depending on processing times, I may be employed by the time I send the I-134. (Although I hope it doesn't take that long!)

[cocoadiva 2]

My best friend is in a similar situation. She has just finsih medical school (Yay, so proud of her!). She is going to be starting her residency also and may work a pt job outside. How would she show proof of income if she just starting out?

[SherryandDaniel 4]

My best friend is in a similar situation. She has just finsih medical school (Yay, so proud of her!). She is going to be starting her residency also and may work a pt job outside. How would she show proof of income if she just starting out?

Congrats for your friend! If she is just starting out, I would advise her to keep all her pay stubs and submit her contract showing residency is several years long (mine will be 4 years). I found out yesterday that my case was sent to Vermont. Yay! But with Vermont's processing times, it looks like I will be gainfully employed by the time I need to submit a I-134.