Jump to content
Keith&Larpi

using assets to meet support requirements

 Share

15 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

Regarding K1 in the Philippines (USEM)

I'd like to hear other people's experiences in not having tax returns or w-2s, but instead using assets to satisfy the K1 support requirements.

How did it go with others using this route?

Thanks

Edited by Keith&Larpi
Link to comment
Share on other sites

Filed: Timeline

Not sure if this helps, but I receive two tax free pensions related to my years working in government service. As a result my 2013 1040 tax reflects zero income, zero taxes, and no W-2. In order to satisfy the requirement, I submitted documents from two different agency's indicating my tax status, make sure that are current, along with retirement pay stubs from one, in the case of the VA, monthly bank statements going back years directly deposited into my account. I'm fine with assets



I sure a hell hope the CO understands this, as my fiancé's consular interview is monday... :clock:



Good Luck,


Rob187


Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

Regarding K1 in the Philippines (USEM)

I'd like to hear other people's experiences in not having tax returns or w-2s, but instead using assets to satisfy the K1 support requirements.

How did it go with others using this route?

Thanks

I answered this one for you once already, but I want to ask.

What is your source of yearly income? Do you collect dividends, interest, pensions or what?

Embassy will not accept "cash in the bank" assets or property assets to meet the income requirements. I know of others that tried that route and had to get a co-sponsor (they were IR-1 so could use a co-sponsor), with the K-1 the embassy usually doesn't ask for a co-sponsor just issues a denial.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

I answered this one for you once already, but I want to ask.

What is your source of yearly income? Do you collect dividends, interest, pensions or what?

Embassy will not accept "cash in the bank" assets or property assets to meet the income requirements. I know of others that tried that route and had to get a co-sponsor (they were IR-1 so could use a co-sponsor), with the K-1 the embassy usually doesn't ask for a co-sponsor just issues a denial.

Hank, you believe strongly that the Embassy will not accept assets to meet the support requirements. Can you share with me why that might be? I ask because this from the USEM website:

"For the consular officer to be able to evaluate the ability of the petitioner to financially support the applicant in the U.S., an I-134 Affidavit of Support should be submitted together with a copy of the petitioner’s most recent federal income tax return (Form 1040) and wage statements (W2). If the petitioner is unable to provide a Form 1040, he/she must submit other credible evidence of assets to meet the federal poverty guidelines. Such assets could include bank accounts, stock, personal property, real estate, and non-taxable sources of income such as Social Security payments, which should be available in the U.S. for the applicant’s support and must be readily convertible to cash within one year."

This implies pretty strongly to me that they say that they will accept assets.

I do have some non-taxable income which I have included in my documents, but I have substantial assets which are "... readily convertible to cash within one year." It seems to me that I meet this standard.

Your thoughts?

Edited by Keith&Larpi
Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Not sure if this helps, but I receive two tax free pensions related to my years working in government service. As a result my 2013 1040 tax reflects zero income, zero taxes, and no W-2. In order to satisfy the requirement, I submitted documents from two different agency's indicating my tax status, make sure that are current, along with retirement pay stubs from one, in the case of the VA, monthly bank statements going back years directly deposited into my account. I'm fine with assets

I sure a hell hope the CO understands this, as my fiancé's consular interview is monday... :clock:

Good Luck,

Rob187

I hope so too Rob, I am in a similar situation and my fiancé's consular interview is the 23rd.

Would you report back and let me know what happens/happened?

I am submitting a very low income 1040 and a personal financial statement demonstrating substantial assets, as well as bank statements demonstrating sufficient tax-exempt income and a lot of net worth supporting documentation.

What I hope is the the CO knows what he is looking at, that's all I need. To that end I am including a cover letter explaining all of the documentation I am submitting. He just needs to read the cover letter, but no clue if, as busy as they are, anyone will bother to read!

Let us know what happens, ok?

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

Hank, you believe strongly that the Embassy will not accept assets to meet the support requirements. Can you share with me why that might be? I ask because this from the USEM website:

"For the consular officer to be able to evaluate the ability of the petitioner to financially support the applicant in the U.S., an I-134 Affidavit of Support should be submitted together with a copy of the petitioner’s most recent federal income tax return (Form 1040) and wage statements (W2). If the petitioner is unable to provide a Form 1040, he/she must submit other credible evidence of assets to meet the federal poverty guidelines. Such assets could include bank accounts, stock, personal property, real estate, and non-taxable sources of income such as Social Security payments, which should be available in the U.S. for the applicant’s support and must be readily convertible to cash within one year."

This implies pretty strongly to me that they say that they will accept assets.

I do have some non-taxable income which I have included in my documents, but I have substantial assets which would "... be readily convertible to cash within one year." It seems to me that I meet this standard.

Your thoughts?

I know what it states on the website, I have read similar on the USCIS website as well, and I have told people the 5X rule for making up the difference...until one day someone was actually doing just that and the CO would not look at the assets.

My reason for stating that I doubt that USEM will accept assets only to meet the support requirements is from experiences of others that have went this route. Friends of ours had this happen, so it is not a case of "someone said that so-in-so"... blah, blah .. , the husband was collecting S.S. and has considerable assets in the bank that he listed also, his S.S. (of course) was not adequate to meet the requirements and the embassy refused to accept his assets to make up the difference, requiring him to get a co-sponsor ... because they were IR-1.

Now you can take a run at USEM and maybe it was CO specific (but I doubt it), I would for sure suggest to be prepared with a backup plan.

You only need a gross income of $19,662 for two people.

I get S.S. and VA, neither or which are taxable, plus some other income, I did not have a tax return at the interview, heck I didn't have a tax return for AOS either. But I was able to show adequate income to meet the requirements, and even with me they didn't really care about my assets.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Well Hank, that is the kind of information that I was looking for.

Have to say, I am strongly displeased that the USEM would specifically state in an official website that assets can be offered, and then refuse to even consider them. Sounds like one or the other are dumbshits, to the detriment of us petitioners. A refused to accept significant assets to make up an income difference is petty bullshit, especially if the assets are readily convertible to cash, as the website requires.

Good that I over-prepared then, but it's still bullshit.

Thank you for the additional context.

Anybody else have some real experience they might share?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Regarding K1 in the Philippines (USEM)

I'd like to hear other people's experiences in not having tax returns or w-2s, but instead using assets to satisfy the K1 support requirements.

How did it go with others using this route?

Thanks

I think I need to know what will happen to you too. My fiancé is a student and and he has money in the bank .. So that's the way on how to support the k1 application.. So please let me know if that will work. I need a real experience though.. Though my boyfriend told me that he have researched about it for one month and he's sure that his money could make it :)

Service Center : Texas Service Center

Consulate : Manila, Philippines

I-129F Sent : 2014-03-18

I-129F NOA1 : 2014-03-27

I-129F RFE(s) : 2014-06-04

RFE Reply(s) : 2014-07-07

I-129F NOA2 : 2014-07-29

NVC Received : 2014-08-04

Date Case #, IIN, and BIN assigned : 2014-09-02

NVC Left : 2014-08-13

Consulate Received : 2014-09-02

Interview Date : 2014-10-20

Interview Result : Approved :dancing:

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

I think I need to know what will happen to you too. My fiancé is a student and and he has money in the bank .. So that's the way on how to support the k1 application.. So please let me know if that will work. I need a real experience though.. Though my boyfriend told me that he have researched about it for one month and he's sure that his money could make it :)

Based on Hank's post above, you might want to line up a co-sponsor (maybe his parents, brother or sister?) now and begin the paperwork for co-sponsorship. If your boyfriend has only done research online, Hank suggests that nothing online will prepare you for the USEM CO ignoring what they say online and just doing what he wants. If you have no co-sponsor, you might get denied and have to appeal which could be a very long process. (I don't know anything about the appeal process, better to avoid it if you can.)

Let's see what we hear back on Sunday or Monday.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Based on Hank's post above, you might want to line up a co-sponsor (maybe his parents, brother or sister?) now and begin the paperwork for co-sponsorship. If your boyfriend has only done research online, Hank suggests that nothing online will prepare you for the USEM CO ignoring what they say online and just doing what he wants. If you have no co-sponsor, you might get denied and have to appeal which could be a very long process. (I don't know anything about the appeal process, better to avoid it if you can.)

Let's see what we hear back on Sunday or Monday.

He told me that a lot of times.. So I don't know if he's letting me down or something. Hahaha so I want to hear a real story of someone having a case like mine. I want to say USEM accepts it as long as we have all the documents and requirements filed correctly..

Service Center : Texas Service Center

Consulate : Manila, Philippines

I-129F Sent : 2014-03-18

I-129F NOA1 : 2014-03-27

I-129F RFE(s) : 2014-06-04

RFE Reply(s) : 2014-07-07

I-129F NOA2 : 2014-07-29

NVC Received : 2014-08-04

Date Case #, IIN, and BIN assigned : 2014-09-02

NVC Left : 2014-08-13

Consulate Received : 2014-09-02

Interview Date : 2014-10-20

Interview Result : Approved :dancing:

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Not sure if this helps, but I receive two tax free pensions related to my years working in government service. As a result my 2013 1040 tax reflects zero income, zero taxes, and no W-2. In order to satisfy the requirement, I submitted documents from two different agency's indicating my tax status, make sure that are current, along with retirement pay stubs from one, in the case of the VA, monthly bank statements going back years directly deposited into my account. I'm fine with assets

I sure a hell hope the CO understands this, as my fiancé's consular interview is monday... :clock:

Good Luck,

Rob187

Hello... Any news about your fiancées interview?? Did they accept the affidavit of support?

Service Center : Texas Service Center

Consulate : Manila, Philippines

I-129F Sent : 2014-03-18

I-129F NOA1 : 2014-03-27

I-129F RFE(s) : 2014-06-04

RFE Reply(s) : 2014-07-07

I-129F NOA2 : 2014-07-29

NVC Received : 2014-08-04

Date Case #, IIN, and BIN assigned : 2014-09-02

NVC Left : 2014-08-13

Consulate Received : 2014-09-02

Interview Date : 2014-10-20

Interview Result : Approved :dancing:

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Yes they did, it wasn't even questioned. Result: Visa approved 7/14 :dance:

Wowwwww!!!!! Congrats!!! You gave me hope.. :)

Service Center : Texas Service Center

Consulate : Manila, Philippines

I-129F Sent : 2014-03-18

I-129F NOA1 : 2014-03-27

I-129F RFE(s) : 2014-06-04

RFE Reply(s) : 2014-07-07

I-129F NOA2 : 2014-07-29

NVC Received : 2014-08-04

Date Case #, IIN, and BIN assigned : 2014-09-02

NVC Left : 2014-08-13

Consulate Received : 2014-09-02

Interview Date : 2014-10-20

Interview Result : Approved :dancing:

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

Yes they did, it wasn't even questioned. Result: Visa approved 7/14 :dance:

I didn't think you would have issues as you have documentation for your two pensions. I had no issues either and no tax return ;)

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...