K1 evidence of support, using intended immigrant's assets, PayPal involved, Naples Consulate

[a.desantis 0]

Hi, I'm, new here...

I am an Italian citizen currently going through the K1 visa process to marry my US citizen fiancee. We've already done everything up to the point where we have to collect documents for my visa interview. It will take place in Naples. I've been delaying the interview because my fiancee does not meet the required income, and only has little assets. My question is how can I use *my* assets, as the intended immigrant? If we include my assets we should have enough, but the I-134 form only allows for the US citizen sponsor's assets. Another important detail is that my money is currently on PayPal, which is not recognized as a banking account, however I do have the possibility to transfer it to an actual bank account. My options are to either transfer it to my fiancee's account in the US, or my personal bank account in Italy. The problem with that is that we would have money appear "suddenly" and I heard that is considered a red flag, as we have to provide bank statements for the last 12 months. The interview won't take place until 5-6 months from now. A co-sponsor is sadly not an option. What can we do to prove that we have the necessary assets...? Thank you for your time.

[A'n'L 735]

In my view, your options are either to find a co-sponsor in the US (doesn't have to be a close family member), or for your fiancé to find a job that pays sufficiently.

[Chris and ZhiJia 146]

In reference to this thread.

http://www.visajourney.com/forums/topic/470677-sponsor-self-sponsor-and-financial-info/

This thread is in direct reference to Naples.

You should be able to transfer your assets to your Fiancee in the US, who would then use them on the I-134 for the Sponsorship.

Just remember that Assets need to equal or exceed 3x the difference in what their income lacks. For example, if your Fiancee is $10,000 short of meeting the poverty guidelines, the assets transferred would need to equal or exceed $30,000 USD.

Edited July 18, 2016 by Chris and ZhiJia

[a.desantis 0]

Thank you both for your suggestions!

Transferring the money to her US bank account really does seem like the best idea, and that's what we were going to do in the first place, until I read about how "shifting assets from someone else will not work" because it raises suspicion of me "paying" her for my visa, or that it could be a temporary loan she has to give back, etc. This makes sense when you consider that they want 12 months worth of bank statements...the website we have been using to organize our K1 application (rapidvisa.com) even says that "generally only assets who have been in your possesion for 12 months will be considered" however, I understand that it is down to the specific consulate and we do have about 5 to 6 months to transfer about $40000. Truth is we really should've started moving the money a long time ago, but we weren't very well informed yet. I wonder if someone knows for sure whether Naples would accept that amount moved in such little time. Perhaps it is more of a location specific topic, so I apologize if this is the wrong section. I know it's a long shot but I would love to hear from someone who had to do something similar in Naples. Thank you again.

[Chris and ZhiJia 146]

Thank you both for your suggestions!

Transferring the money to her US bank account really does seem like the best idea, and that's what we were going to do in the first place, until I read about how "shifting assets from someone else will not work" because it raises suspicion of me "paying" her for my visa, or that it could be a temporary loan she has to give back, etc. This makes sense when you consider that they want 12 months worth of bank statements...the website we have been using to organize our K1 application (rapidvisa.com) even says that "generally only assets who have been in your possesion for 12 months will be considered" however, I understand that it is down to the specific consulate and we do have about 5 to 6 months to transfer about $40000. Truth is we really should've started moving the money a long time ago, but we weren't very well informed yet. I wonder if someone knows for sure whether Naples would accept that amount moved in such little time. Perhaps it is more of a location specific topic, so I apologize if this is the wrong section. I know it's a long shot but I would love to hear from someone who had to do something similar in Naples. Thank you again.

I would try posting in the country specific subforum. They may have a better response.

[USC1961 251]

Thank you both for your suggestions!

Transferring the money to her US bank account really does seem like the best idea,......

Not to sound harsh but this isn't a great idea. Putting aside immigration for a moment, your fiancee may also have to deal with the IRS. That is even if the money is transferred over a period of time. If you do plan to move forward however, it is strongly recommended you get a reputable immigration attorney. And in addition advice from an accountant.

The easy solution to this problem of course is for your fiancee to get off her rear and start making the minimum amount required. Even if that means working 2 or 3 part time jobs to do it. Yes it's hard work but it will get rid of the headaches associated with your plan. Not only that it would be a big plus in your favor in the eyes of the interviewer.

Whatever you decide to do good luck!

[a.desantis 0]

Well here is the thing. She's a grad student with a part-time teaching job so she doesn't have much free time. There is a possibility she might also become self-employed but if that were the case, how could she prove it without any tax return documents (since it would be a fairly recent thing)? I understand this is a different topic by now but we are just exploring our options.

Speaking of immigration attorneys, how much should we be looking to spend on one for the whole process? Would be great to have an estimate. Thank you again for your time and for sharing your knowledge.

[A'n'L 735]

Speaking of immigration attorneys, how much should we be looking to spend on one for the whole process? Would be great to have an estimate. Thank you again for your time and for sharing your knowledge.

You're already on VJ, start reading guides and previous topics in relevant forums. A lot of great people are here to help. You won't need a lawyer!

[USC1961 251]

You're already on VJ, start reading guides and previous topics in relevant forums. A lot of great people are here to help. You won't need a lawyer!

Under normal straightforward circumstances I would (mostly) agree. But since this is not a cut and dry scenario, good legal advice could be the difference between approval and denial. There are good attorneys out there, you just have to do your homework.

[A'n'L 735]

Under normal straightforward circumstances I would (mostly) agree. But since this is not a cut and dry scenario, good legal advice could be the difference between approval and denial. There are good attorneys out there, you just have to do your homework.

Nothing attorney-worthy in the post from OP?? Maybe you have other insights in their case.