Can my financial situation count?

[beautifulplaces 0]

Hi,

I'm just starting to mentally prepare for the K1 process and look at everything involved. We're going to file very soon. I realise the I-134 Affidavit of Support doesn't need to be filed until the interview portion of the process, but I'm wondering whether my financial situation as the foreign fiance can have a positive bearing on things?

Basically, I'm a little concerned because my America fiance is self employed. While his last tax return shows an income above the required amount there's no letter from an employee we can include as "proof" of future income. His income is enough but not huge. On the other hand I was lucky enough to inherit money that I have invested at home in Australia. It returns me a cash income that is easily accessed from America and is significant enough to be over the required income level on its own. Am I able to use this as proof that I won't become a financial burden on the US? In addition to the I-134? If so, how?

Thanks in advance for your help!

Edited January 5, 2013 by beautifulplaces

[Gary and Alla 3,694]

Hi,

I'm just starting to mentally prepare for the K1 process and look at everything involved. We're going to file very soon. I realise the I-134 Affidavit of Support doesn't need to be filed until the interview portion of the process, but I'm wondering whether my financial situation as the foreign fiance can have a positive bearing on things?

Basically, I'm a little concerned because my America fiance is self employed. While his last tax return shows an income above the required amount there's no letter from an employee we can include as "proof" of future income. His income is enough but not huge. On the other hand I was lucky enough to inherit money that I have invested at home in Australia. It returns me a cash income that is easily accessed from America and is significant enough to be over the required income level on its own. Am I able to use this as proof that I won't become a financial burden on the US? In addition to the I-134? If so, how?

Thanks in advance for your help!

Usually NO. Unless it is income which will continue after you relocate to the United States and is legal for you to earn without a green card or EAD...such as the income you state.

But to address your other concern. Self employed get approved all the time, they use the last year's tax return for verification. He can also get a profit & loss statement for the current year. There is no need for "proof of future income" as current employment is never "proof of future income" This stuff gets whipped up over misunderstandings. IF you have a job which is categorized as TEMPORARY or income which is TEMPORARY and meant to be TEMPORARY (ie., contract job, unemployment insurance, etc) then that income may not be counted (it MAY be also, depends on the consulate)

If he is self employed he actually has BETTER proof fo future income than if he is employed by others. I doubt he will cut his own job! Just show sufficient proof and you should be fine. Foreign beneficiaries incomes or assets usually are not counted, HOWEVER, Australia has occasionally allowed a fiancee to self sponsor under some certain circumstances. Basically a native English speaking person with employable skills and education can be assumed to be able to get a job, at least that seems to be the reasoning. There actually ARE NO specific guidelines for this qualification and it is entirel a subjective decision by individual consualtes. Peopl often assume that the I-864 guidelines apply to the I-134. They do not. But they are not a bad thing to use as what they are intended ...GUIDELINES. NOT Goal lines.

Australia tends to be very lenient in this regard. There would be NO downside to you filling out an I-134 and submitting it also to explain your income which will continue after you relocate. I think you should be fine in either case.

[lrdavis 0]

I hired a lawyer, I asked him what the qualification was, he stated that they look more on the u.s. citizens finances due to them sponsoring you to come to the u.s. being self employed, all she will need is income tax forms, and possibly her registered name as a sole proprietor business. But he did state that if I make at least 18 k a year, we was o.k.

[Gary and Alla 3,694]

I hired a lawyer, I asked him what the qualification was, he stated that they look more on the u.s. citizens finances due to them sponsoring you to come to the u.s. being self employed, all she will need is income tax forms, and possibly her registered name as a sole proprietor business. But he did state that if I make at least 18 k a year, we was o.k.

You are also going through Manilla. Different situation.

However in ANY consulate, the consulate CAN (but does nto have to) count income of the beneficiary that WILL CONTINUE after the beneficiary relocates to the USA. The consulate only needs to be concerned that the beneficiary will no tbecome a public charge. If the beneficiary has incoem which will continue...it is a non-issue.

If the beneficiary does NOT have income which will continue, then they will be dependant on their sponsor since they cannot work without a green card or EAD