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Filed: K-1 Visa Country: United Kingdom
Timeline

Hello.

I like to be prepared and I have my K1 interview next week, but had a thought about the i-864... Its starting to worry me so I wanted to find out more beforehand but couldn't find anything doing a search, so apologies in advance if this has been asked before.

My fiance has filed taxes for the past 3 years (the requirement for AOS) but didn't make over the 125% poverty line for a household of 2 (him & me if all goes well and my interview is approved) in either of the years. He now has a job that makes around 36k a year but has only held that job since July.

After we marry and are completing the AOS forms, will the fact that his 2013 W2 from his current employer showing he made 18k since July with them be considered acceptable for the i-864? Its current income that's counted right?

We have a co-sponsor lined up just in case, and I will be transferring around 10k of my savings into his bank account, which we could use on the form too right? We have a letter from his boss confirming position and salary, and would provide pay stubs to prove he is currently making more than the 125%.

Will his current income be enough to satisfy the requirements, even though he didn't make the $19,388 on the poverty guideline with his earnings from 2013?

I'm so sorry if this is an annoying question but its gnawing away at me. I'm concentrating on my K1 interview coming up but I wanted to find out the answer to this too. Thanks in advance for any help :)

K-1 Process:

09/03/13 - NOA1

10/22/13 - NOA2

02/25/14 - Visa Interview - Approved!

03/03/14 - Visa Received

04/08/14 - US Entry

06/05/14 - Wedding

AOS Process:

07/02/14 - NOA1s received for I-485, I-765 and I-131

07/23/14 - Early walk-in for Biometrics

09/04/14 - EAD Card Approved!

09/11/14 - EAD Card Received

02/27/15 - Greencard Approved!
03/12/15 - Greencard Received!
ROC Process:
02/07/2017 - NOA1
03/09/2017 - Biometrics
02/15/2018 - Extension Stamp in Passport at Local Office
...currently waiting...
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What I just answered here might sheds some light so read it http://www.visajourney.com/forums/topic/481394-aos-i-864/

"My fiance has filed taxes for the past 3 years (the requirement for AOS) "

---That isn't a requirement. He has to provide info from 3 tax returns or a statement giving the reason why he was not required to file.

"but didn't make over the 125% poverty line for a household of 2 (him & me if all goes well and my interview is approved) in either of the years. He now has a job that makes around 36k a year but has only held that job since July."

---Great then put down his current yearly income on part 6-5 and provide an employer letter proving that is what he makes now. Add six months of his most recent pay stubs to prove the same.

Add your 10k savings in the asset section to sweeten the pot. Mi casa es su. My house is your house...married...your money is his money so to speak. Prove your $10k with a document.

Have you actually read the i-864 instructions word for word while while looking at a blank form? It will explain a lot and by the second read-through, it will make even more sense.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: K-1 Visa Country: United Kingdom
Timeline

So I may have slightly panicked oops8rh.gif I didn't calculate his job from the first half of the year properly, and so when adding job 1 & job 2 together he has made more than the requirement (by a couple hundred dollars). Big. Fat. Phewwww.

So it doesn't matter that the two years before he didn't make over the poverty amount? His 2013 taxes are over the 125% and his current income is around double. So from the reading I've been doing on this site, that seems like it would be acceptable?

Thank you for the help so far Nich-Nick, you're my fav VJ-er due to your info. :)

K-1 Process:

09/03/13 - NOA1

10/22/13 - NOA2

02/25/14 - Visa Interview - Approved!

03/03/14 - Visa Received

04/08/14 - US Entry

06/05/14 - Wedding

AOS Process:

07/02/14 - NOA1s received for I-485, I-765 and I-131

07/23/14 - Early walk-in for Biometrics

09/04/14 - EAD Card Approved!

09/11/14 - EAD Card Received

02/27/15 - Greencard Approved!
03/12/15 - Greencard Received!
ROC Process:
02/07/2017 - NOA1
03/09/2017 - Biometrics
02/15/2018 - Extension Stamp in Passport at Local Office
...currently waiting...
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