earning for 8 months enough?

[ZoeUK1989 35]

Hi all, Me and my partner are looking into filing for the k1 fiance visa and I just have a couple of questions that I don't seem to be able to find answers on. My first question is about the income requirement. My partner is now earning the 125% guideline required for the AOS however she will have only been earning this for around 8 months when the interview date is given... she has filed tax returns but was previously a student worker so not earning anywhere enough when these were filed. My question is, would her previous years tax return, a letter from her employer confirming her employment and earnings confirmation along with months of pay slips be enough?

The other thing I would like to know is about the medical which has me confused rather than concerned... I had a bit of a rough patch where I was feeling stressed on a couple of occasions over a number of years. Due to a lot of it being the job role I was in I went to visit my doctor. To get to the point he always put it down as low mood and on one occasion he put it as depressive episode. Me personally would not class this as me being diagnosed with depression, my question is do they and do I need to tick yes for this? I was never on antidepressants and nor was I ever offered them, only self help. I am sure there are other things I need to know but I feel these are two really important questions on my mind right now. Any advice would be very much appreciated and previous experiences would also be great! Thanks in advance, regards Zoe. PS. I am British and my partner is the US petitioner. If you need anymore information in order to help or advise me just let me know

[Nich-Nick 3,354]

I am going to give you the UK London answer based on K1 people who have interviewed in London and attended the medical at Knightsbridge clinic over the eight years I have been around. London has approved on 100% of the poverty level, though most strive for that 125%. London does not require a tax return if you have other proof like an employment letter. They have approved on that letter alone. They do not require any "must have" items like x-number of pay slips, or bank statements, or taxes. London does not require an I-134 from the fiance who has no income. Just an I-134 from a different sponsor has been accepted. They also allow the beneficiary to self sponsor if they have a good chunk of savings to show. It is a subjective decision on the I-134 so just convince the guy you won't become a public charge. They most often glance at what you submit and never discuss it at the interview so it's not as hard as you are thinking. You sound just fine to sail through with an employer letter. Add in some pay slips if you want something else. Three would be enough for this.

Medical. It is up to you whether to say yes to depression. Nobody sees your actual records. If you never took meds, hurt yourself, and do not think it was actual depression but a lousy job putting you in a bad mood, then go with your gut. If you say it was depression, then typically they will give you something to go get a summary of your depression from your GP. Here's post I have saved of an experience that one of our UK members wrote.

My fiance indicated he had battled some depression 3 years ago while going thru the separation from his wife. He took with him a letter from his doctor but Knightsbridge asked for this additional information. Just thought I would share so that you know all they will be asking. Hope this helps. He was given a form by the doctor and asked to have his doctor provide the following information. Please provide a brief medical report outlining:

• Diagnosis
• Investigations - if any
• Treatment
• Duration of treatments and illness
• Any prior or subsequent mental health illness
• Any incidents of self-harm, harm to others or suicidal attempts
• Prognosis and your opinion of current mental state

Edited March 6, 2016 by Nich-Nick

[ZoeUK1989 35]

Thank you so much for your reply Nick! I think I am maybe worrying about things a little bit more than I should as I want it to be a simple as this can possibly be (even though I know this can be a very complicated thing) I know that when it comes to the interview we will have no problem showing proof of our relationship and things like that. She will be soul sponsor providing that the letter from the employer will be enough at this point. She was working before but didn't earn the 100% for 3 years. I know this is past the k1 visa point but do you have any idea if the 3 years tax returns showing the 125% guideline is required at the point of AOS? Or again would the employers letter be enough?

As for the depression side of things I don't believe it is what they would class as suffering depression but my fear is that they will ask me and I say no (as I believe this is the truth) and for some random reason they want a copy of my medical records and see it has depressive episode and see that as I lied... I had one of those periods of time where my thoughts were literally wouldn't life be simpler for everyone if I wasn't around. Felt a bit of a burden to people. But soon came out of it and never acted on those split second thoughts.

1 other really random question though if yourself or anyone else can answer this because this is something that makes me nervous... why do they check you genitalia? What exactly are they looking for?

I only ask because I am a extremely private person and have real issues when it comes to seeing a doctor where they may need to take a closer look in that area, even my chest for that matter... I don't want someone poking, prodding or even staring in that direction. I understand they have to do this as part of the exam but i just need to know what they do so I can even put my mind at rest that they are just taking a quick peep to confirm I am female or get my head around the fact that it will be more than that.

Again thanks for your answer Nick it has helped me a lot and if you or anyone else can advise on my further questions I would be forever grateful,

Regards, Zoe

[Nich-Nick 3,354]

The Affidavit of Support for AOS is the I-864. It is much stricter and precise in requirements.

The most recent (only one) tax return must be mailed in with the application.

The form asks for total income as reported on the three most recent.

That does not mean all three years have to be over 125%. Even the most recent could be below, for example a student who just graduated and took their first job at the end of the year. They might only show 3 months of their salary on the tax return. So you supplement your evidence of your CURRENT income by submitting an employer letter and 6 months of pay slips and they will use that figure. There are 16 pages of instructions for form I-864 which will explain all about it in detail.

Your decision on the depression. Were you or weren't you diagnosed? Nobody can access your private health records unless you go request photocopies and hand them over. Either way...yes or no answer, you will still get a visa. They would ask the same kind of info from your GP if you have had surgery, high blood pressure, diabetes, asthma, a heart attack, etc. Your doctor has to write it up. He will not turn over your private records.

The doctor at Knightsbridge told my husband it was a gender check. Now they tell some it is looking for evidence of sexually transmitted disease, whatever that may look like. For females, it is no more than lifting the elastic of your knickers and taking a peek. No spreading or touching or probing. You may ask for a female doctor.

Edit: forgot to say, in the UK forum on here there is a thread of about ten years of London medical exam write-ups with long descriptions. Jump in in later years would be my suggestion. It is really long.

Edited March 7, 2016 by Nich-Nick

[ZoeUK1989 35]

Again thank you so much. Any information I can get really helps me!

I am not sure how often people have to file their tax returns in the USA but I thinking she will not have one tax return that shows her earning the amount they require. So I guess she will have to submit the tax returns along with her letter and pay slips. To be truthful I know that I have to file for AOS as quick as possible after the wedding but again not sure if she will have filed the tax return at that point. I think a lot of it depends on the timescale of the whole process.

I don't believe I was ever diagnosed with depression, only a low mood and a depressive episode where I was probably at my lowest. I will always be truthful as I have nothing to hide but I will have a chat with my doctors to confirm what they believe as they are qualified and I am no hehe.

I did think of another question and maybe I need to out this on a new thread but I guess I will put it here and someone will correct me if it's in the wrong place...

When we apply for the k1 visa do I need to be in my country the whole time or can I visit my partner in the USA while waiting for packets or application acceptance? It would be a killer if I am unable to go and visit as she can o lynne visit me here with the holiday entitlement she has.

Thanks again for your help I truly cannot thank you enough