Income Requirement Question? / Should I get hire an attorney?

[Starnexus 2]

Hello,

I want to bring the love of my life from the Philippines here to the USA. I was a full time student when we met which means my income for the last three years has been infinitesimal to say the least. I earned 5000 last year. However, now I have a full time job and will earn enough to meet the income requirements. My question is am I eligible or do I have to wait until my tax returns reflect my income situation? I called rapid visa and I was advised that I had to show proof that I met the income requirements for the last three years. Does this mean I should hire an attorney to make sure my case is approved as rapidly as possible?

[KayDeeCee 4,893]

You can consulate an attorney, if you wish. Not really needed for that sole purpose though. The RapidVisa, form-filling company employee was incorrect. There is no requirement for you to have met the income requirement for the last 3 years. Your current annual income needs to meet the requirement. If you are not self-employed, then no need to wait for a tax return showing your income. You will use a letter from employer and/or recent pay stubs to show how much you currently earn.

Also, the I-134 and financial documents are not sent with the I-129F petition submission.

Edited May 29, 2016 by KayDeeCee

[Starnexus 2]

You can consulate an attorney, if you wish. Not really needed for that sole purpose though. The RapidVisa, form-filling company employee was incorrect. There is no requirement for you to have met the income requirement for the last 3 years. Your current annual income needs to meet the requirement. If you are not self-employed, then no need to wait for a tax return showing your income. You will use a letter from employer and/or recent pay stubs to show how much you currently earn.

Also, the I-134 and financial documents are not sent with the I-129F petition submission.

THANK YOU! I WAS SO SCARED! I don't have to send in my income proofs for 6 months after I file right?

[KayDeeCee 4,893]

You are welcome. Not sure what the current CSC processing times are for the I-129F, but yes, it will be a few months down the road after filing before the K-1 visa interview and I-134 would be needed.

[Hank_ 9,174]

Hello,

I want to bring the love of my life from the Philippines here to the USA. I was a full time student when we met which means my income for the last three years has been infinitesimal to say the least. I earned 5000 last year. However, now I have a full time job and will earn enough to meet the income requirements. My question is am I eligible or do I have to wait until my tax returns reflect my income situation? I called rapid visa and I was advised that I had to show proof that I met the income requirements for the last three years. Does this mean I should hire an attorney to make sure my case is approved as rapidly as possible?

Embassy only required an original I-134 along with a copy of your MOST RECENT tax return and W2 (so do include your dismal tax return ). Being you are a newer employee you should include a letter from your employer stating your annual (projected) salary and so forth, ++ include copies of your pay stubs. You will be fine if you do that. No requirement for 3 years of tax returns.

http://photos.state.gov/libraries/manila/1178798/feb2015/K1-K2%20Applicant%20Interview%20Preparation%20Instructions%20-%20English%20_February%202015_.pdf

Of course none of this is needed until the actual visa application at the embassy.