Employment/Affidavit of support concerns

[AndrewUS 0]

I am new here so apoligize if this is in the wrong place.

Want to start the process for K-1 Fiance visa. I am comfortable with most of the guidelines except one. My employment and support documentation.

1. I have been independent contractor doing insurance work since 2011. The work is sporadic, but I was working a lot, months at a time (deployment assignments). After I was released from an assignment, I would collect some unemployment until found more work, or just take a break. Usually anywhere from 2 weeks - 2 months before more work came along.

2. The last assignment however ended in October of 2014, so almost a year ago. I have not worked since then. I collected some unemployment for a few months while looking for more work, and then terminated unemployment and took some time off. This has been the longest stent of non-work for me ever.

3. I do not own a home, only on a living will for future ownership. The assets I have are a vehicle, motorcycle, credit card, small 401K account (about 4k), and savings roughly 110k. I have not filed my taxes yet for 2014. I am in the process of doing so now.

4. I spoke to an attorney briefly (consultation) who said I can use my savings if I can show the needed salary per year....multiplied by 3. Another words, they said if I have roughly 95k in savings account, that should be sufficient to pass on the affidavit of support. From what I have been reading I do not get a warm fuzzy feeling they are correct?? This is for me, fiance, fiance daughter (7yrs old), and baby on the way. So 4 people total.

5. Since I got back from Kazakhstan I have been looking for work again, and this time looking for a regular staff position in my line of work, and not just independent contract work.

As I didn't plan on falling in love with a non US citizen, I hope my job status does not complicate things.

Can someone please provide any links or support/knowledge for me on this topic? If more information is needed, please ask me.

[aaron2020 11,651]

Find a Joint Sponsor.

[Ash.1101 1,756]

If you have 110,000$ in savings you may be fine as that is enough assets to cover for the I-134, but there is a good chance that they still may ask you for a cosponsor, essentially as insurance on their side to make sure that your fiance is taken care of.

Assets are as follows: If you make under the poverty line, you have to compensate how ever much you don't make with assets, for a spouse or immediate family member it is then multiplied by three, saying that for three years those assets could support them. For anything other than fiance/spouse/immediate family member it's times 5.

So if you made only 2000 a year, you would have to compensate for 17912, which would mean that you would need to prove 53736$ in assets.

In your case, you make 0 dollars, so you would need to compensate for the full 19.912$ which means you would need to prove assets of 59736$ which you do according to what you have in savings.
Again though, they could still ask for a cosponsor just to feel more comfortable.

As long as you find a job BEFORE your fiances interview you should be fine, try to find something permanant. As long as you make 19,912 annually (even if it's a projected estimate as you're starting late in the year), you will be fine. If you or your fiance have any dependants that are coming then it goes up, but if it's just your fiance then aim for a job that pays that or more than that.

You don't have to turn in any financial documentation until the interview phase, which you can prolong if needed, but just as an average, the interview could take place in about 5-6 months from the time you file the I-129F.

Also make sure your taxes are done 100% before the interview, not having them completed could def hurt your case as some places require the return.

Edited October 16, 2015 by Ash.1101