Case Hypothetical/Realistic K1 Chance?

[robhardin234 0]

What about a case that falls where "someone" didn't find a job until a month and half after graduating college in Dec 2014. They also took a leave of absence from work for a month to take the required visit within two years to be eligible for the K-1 process. This person also left their job in 2015 December to pursue a better paying position. They were missing three months of annual income on their tax forms due to the circumstances. They would of been well over the 125% but due to the circumstances they fell just short by $550 of that 125%. But puts them above the 100%. Which makes them eligible for the 100% for theI-134 requirement at the Embassy in Manila, but just short of the 125% of the AOS I-864. Left on another trip for a month to meet her now fiances parents after flying them to stay with him and his fiancé for a week. To return home Beginning of March 2016 to begin the K-1 visa paperwork and start a better paying position. Petitioner has parents who are willing to cosponsor at the AOS phase as they will actually be living with the petitioners parents until his wife after immigrating can start working and save money together to be financially secure on their own. Cosponsor is well off enough to provide well over the required amount of support.

Does this sound like someone who should still pursue the K-1 visa process in fear of being denied due to being barely under the 125% even if three months of the year they were not working, but would of been over that amount if they pushed off the required trip?

I am asking just to get more security and confidence in this "someone's" situation. Hopefully I can hear something positive. Also "they" are 31 years old for the petitioner with a Bacholars degree and a 24 year old call center agent with great English skills with plenty of options for employment upon eligibility for employment. As "they" want to be realistic, but also don't want to stress over something if it's not going to bury them at the end of the road in a truckload of sadness after a long wait to be together.

[Georgia16 2,858]

That was written in a very confusing way!!

Well if the petitioner doesn't make enough for the K-1 then they also need a cosponsor for that and not only for the AOS

[robhardin234 0]

The petitioner makes enough for the 100% required for the K1 Visa I-134 form. Their income falls just below 125% for the AOS I-864 form, but does have a cosponsor ready who they also will be living with after the arrival of the beneficiary.

[Georgia16 2,858]

Well then why shouldn't file?

[soulstriker 274]

are going by the new poverty guidlines? because the 2016 one just came out

[Hank_ 9,174]

What about a case that falls where "someone" didn't find a job until a month and half after graduating college in Dec 2014. They also took a leave of absence from work for a month to take the required visit within two years to be eligible for the K-1 process. This person also left their job in 2015 December to pursue a better paying position. They were missing three months of annual income on their tax forms due to the circumstances. They would of been well over the 125% but due to the circumstances they fell just short by $550 of that 125%. But puts them above the 100%. Which makes them eligible for the 100% for theI-134 requirement at the Embassy in Manila, but just short of the 125% of the AOS I-864. Left on another trip for a month to meet her now fiances parents after flying them to stay with him and his fiancé for a week. To return home Beginning of March 2016 to begin the K-1 visa paperwork and start a better paying position. Petitioner has parents who are willing to cosponsor at the AOS phase as they will actually be living with the petitioners parents until his wife after immigrating can start working and save money together to be financially secure on their own. Cosponsor is well off enough to provide well over the required amount of support.

Does this sound like someone who should still pursue the K-1 visa process in fear of being denied due to being barely under the 125% even if three months of the year they were not working, but would of been over that amount if they pushed off the required trip?

I am asking just to get more security and confidence in this "someone's" situation. Hopefully I can hear something positive. Also "they" are 31 years old for the petitioner with a Bacholars degree and a 24 year old call center agent with great English skills with plenty of options for employment upon eligibility for employment. As "they" want to be realistic, but also don't want to stress over something if it's not going to bury them at the end of the road in a truckload of sadness after a long wait to be together.

The petitioner makes enough for the 100% required for the K1 Visa I-134 form. Their income falls just below 125% for the AOS I-864 form, but does have a cosponsor ready who they also will be living with after the arrival of the beneficiary.

Too early in the day for me to read all of that. Need more coffee!

USEM needs to see gross income that at least meets the 125% poverty guidelines of the I-864P. Do have a co-sponsor, hopefully it will be a close relative - mother, father, siblings, USEM will consider these sponsors. Co-sponsor is not guaranteed to be accepted with the K-1 visa. Both petitioner and co-sponsor complete the I-134

In this case what you need is a letter from the employer stating yearly income, and pay stubs to substantiate. Still need to include the most recent tax return and W2. Won't hurt to write a letter stating what is stated above - in a less convoluted manner of course.

~ now with all of that said, there are times where the CO does not ask for support evidence during the interview. Still listed as required documents in the instructions letter, but not always asked for as of late.

Edited March 7, 2016 by Hank_

[dmck 80]

That made my head hurt trying to read it. Definitely more coffee is needed.