Beginning K-1 Visa. I have some questions.

[robhardin234 0]

Hello VisaJourney Forum Members,

This is my first post. Just returned from my second month long trip to visit my now fiancé. Going to begin the process soon for the K-1 visa. I have a few questions and concerns I feel this community may have good input for me. First some background information. My fiancé is 24 in Manila, PH. I am 31 in Kentucky, USA. We have been together for around 14 months. We spend every moment we can talking and video chatting on our phones together. I've spent two months in the PH with her. Flew her parents up from Zamboanga this trip to meet them. They stayed with us for a week. Everything relationship wise is glorious and we want nothing more than to be together.

My concerns are that I graduated college Dec 2014. My first job out of college I started mid February of 2015. I worked a second job for about a month and a half also. Plus did additional side jobs as I work in a city with plenty of additional work. Took my first trip in August 2015 for a month. My job in December 2015 let me go. I had to take my second trip earlier than I expected and returned March 1st from that trip. My concerns are with the income requirements later in the year for the income requirements.

1. Do they accept W-2, 1040, and a 1099 (claiming additional income for taxation)? Typically I do additional work in the year but normally goes unclaimed as its for cash. The 1099 is being claimed to ensure I am over the income amount as my two jobs combined were short by $440 for the 125% FPG.

2. Do they take in to account that I was not working until mid-Feb and was out of the country for a month not working?( As in projected income versus actual for amount earned.) My projected income with those additional months of income would be over the 125% FPG.

With the additional claimed income of the 1099 it puts me over the gross income requirement.

In summation my concern is as long as my gross income is above the 125% FPL from my 2015 taxes. This is with my W-2's and 10-99 plus currently employed with income that is also above the 125% FPL at the time of the interview for the presenting a affidavit of support and proof of current employment.

3. Should I be pretty solid and safe when it comes to stop worrying about denial due to income?

I know typically they don't allow any cosponsor for K-1, but additionally my parents are willing to cosponsor. When my fiancé and I are married we will be living at their house to get our finances in order to purchase property and start our lives together financially secure. Also to help my fiancé adjust to being in a new country and get to know my parents more in person and build a strong family relationship to make her feel at home.

4. Do they take into account that I can provide a cosponsor even if not needed as another positive for our case? (Also the cosponsor is a direct relative who we will be residing with during the adjustment of status period.)

I have many job opportunities available and will be working well before the need for the affidavit at the interview time. Just been hard to sleep with a lot on my mind as everyone else is very familiar with this feeling. Jet lag included with anxiety and missing her makes it rough coming home.

Thank you everyone ahead of time for any helpful imfirmation! Hope you all the best!

[Hank_ 9,174]

Hello VisaJourney Forum Members,

This is my first post. Just returned from my second month long trip to visit my now fiancé. Going to begin the process soon for the K-1 visa. I have a few questions and concerns I feel this community may have good input for me. First some background information. My fiancé is 24 in Manila, PH. I am 31 in Kentucky, USA. We have been together for around 14 months. We spend every moment we can talking and video chatting on our phones together. I've spent two months in the PH with her. Flew her parents up from Zamboanga this trip to meet them. They stayed with us for a week. Everything relationship wise is glorious and we want nothing more than to be together.

My concerns are that I graduated college Dec 2014. My first job out of college I started mid February of 2015. I worked a second job for about a month and a half also. Plus did additional side jobs as I work in a city with plenty of additional work. Took my first trip in August 2015 for a month. My job in December 2015 let me go. I had to take my second trip earlier than I expected and returned March 1st from that trip. My concerns are with the income requirements later in the year for the income requirements.

1. Do they accept W-2, 1040, and a 1099 (claiming additional income for taxation)? Typically I do additional work in the year but normally goes unclaimed as its for cash. The 1099 is being claimed to ensure I am over the income amount as my two jobs combined were short by $440 for the 125% FPG.

2. Do they take in to account that I was not working until mid-Feb and was out of the country for a month not working?( As in projected income versus actual for amount earned.) My projected income with those additional months of income would be over the 125% FPG.

With the additional claimed income of the 1099 it puts me over the gross income requirement.

In summation my concern is as long as my gross income is above the 125% FPL from my 2015 taxes. This is with my W-2's and 10-99 plus currently employed with income that is also above the 125% FPL at the time of the interview for the presenting a affidavit of support and proof of current employment.

3. Should I be pretty solid and safe when it comes to stop worrying about denial due to income?

I know typically they don't allow any cosponsor for K-1, but additionally my parents are willing to cosponsor. When my fiancé and I are married we will be living at their house to get our finances in order to purchase property and start our lives together financially secure. Also to help my fiancé adjust to being in a new country and get to know my parents more in person and build a strong family relationship to make her feel at home.

4. Do they take into account that I can provide a cosponsor even if not needed as another positive for our case? (Also the cosponsor is a direct relative who we will be residing with during the adjustment of status period.)

I have many job opportunities available and will be working well before the need for the affidavit at the interview time. Just been hard to sleep with a lot on my mind as everyone else is very familiar with this feeling. Jet lag included with anxiety and missing her makes it rough coming home.

Thank you everyone ahead of time for any helpful imfirmation! Hope you all the best!

As long as your income meets or exceed the requirements of the I-864P there are no issues. I think you are stressing about nothing.

[HappyAndIKnowIt 24]

Um. Might I suggest not mentioning the "unclaimed" income ??? Just because it's cash doesn't mean it is not required to be reported, and this IS the U.S. Government, after all. Also, if the financial support is an area of concern, then have your parents complete the affidavit of support. It is not an issue until the interview, and your fiancee can have the document and only use it if there is a problem with income. The last thing you want to do is mention additional income that you do not report ...

[robhardin234 0]

Clarification on that statement. I meant to say was, "Typically it's income that is low enough that it would not equate to much or enough to reach the standard of claiming." Most of its just roadie work, equipment rental, stand in for practices for band practice little things here and there through the year. Nothing that is large enough to get a receipt for more like just multitudes of small side jobs here and there. Unlike this year for the first time is enough to equate to claiming it. After reading more it's not even a 1099. It's just filed as miscellaneous income on a 1040. Apparently a 1099 is something someone you work for sends you if you do work exceeding a certain amount kind of like a W2. Figured this after reading more today and getting more informed. Being last year was the first time I had a job for a while due to being in college for four years. I guess I made that statement in the wrong manner. Not dodging anything here.

[HappyAndIKnowIt 24]

Clarification on that statement. I meant to say was, "Typically it's income that is low enough that it would not equate to much or enough to reach the standard of claiming." Most of its just roadie work, equipment rental, stand in for practices for band practice little things here and there through the year. Nothing that is large enough to get a receipt for more like just multitudes of small side jobs here and there. Unlike this year for the first time is enough to equate to claiming it. After reading more it's not even a 1099. It's just filed as miscellaneous income on a 1040. Apparently a 1099 is something someone you work for sends you if you do work exceeding a certain amount kind of like a W2. Figured this after reading more today and getting more informed. Being last year was the first time I had a job for a while due to being in college for four years. I guess I made that statement in the wrong manner. Not dodging anything here.

I'm just trying to help you. I'm a CPA. Many people mistake the reporting requirements for Form 1099, such that there was a reporting threshold for the reporting of the income on the earner's income tax return. "All income from whatever source derived..." is reportable on your income tax return. There is no threshold for the amount, other than the requirement to file the income tax return in the first place. So, my free advice which is worth much more than the price, make no mention of any income you have earned that is not reported on your income tax return. It is fine if you did not file for a particular year because your total income did not reach the requirements, but on a filed return, there should be no unreported income. It is a common misunderstanding. This is not a good time for a common misunderstanding to spiral into a completely avoidable problem with the U.S. government and your visa application.

Edited March 7, 2016 by HappyAndIKnowIt

[robhardin234 0]

Thank you! Then I am in the clear considering I am claiming it on my taxes this year. Maybe you can help mention my other question I posted also. You seem very knowledgable.

Here is the link to my other topic: http://www.visajourney.com/forums/topic/588341-affidavit-of-support-question/#entry8041762

[HappyAndIKnowIt 24]

I don't really have any specifics on the Manila Embassy and that seems to be the specifics of your concern. You seem to know the general requirements of income, just not exactly how Manila does things.