K1 or IR1/CR1 Visa - Questions regarding employment before and after immigration

[heartmango 0]

Argh! Lol! Just as I said that I'm looking over the affidavit of support forms and I thought of something else.

Here's the thing, my fiance has only been working for his father since January this year. He used to live with family in Kentucky and he and his father only moved to California a little over a year ago, so this is all still pretty new stuff in our lives. He'll be filing his tax forms for the first time next year come April.

So, he hasn't received his first full salary yet and has no tax forms and would have incomplete bank statements to show for it. He'd only be able to have a statement from his employer but they wouldn't be able to say he's had a salary paid yet, just that he's supposed to receive a certain amount.

By the time we get to the i-864 he would have tax forms for the most recent year but this is making me wonder if we should do what nich-nick suggested, have his dad file for the i-134 and be over with it. Hmm...

[Nich-Nick 3,354]

Argh! Lol! Just as I said that I'm looking over the affidavit of support forms and I thought of something else.

Here's the thing, my fiance has only been working for his father since January this year. He used to live with family in Kentucky and he and his father only moved to California a little over a year ago, so this is all still pretty new stuff in our lives. He'll be filing his tax forms for the first time next year come April.

So, he hasn't received his first full salary yet and has no tax forms and would have incomplete bank statements to show for it. He'd only be able to have a statement from his employer but they wouldn't be able to say he's had a salary paid yet, just that he's supposed to receive a certain amount.

By the time we get to the i-864 he would have tax forms for the most recent year but this is making me wonder if we should do what nich-nick suggested, have his dad file for the i-134 and be over with it. Hmm...

Good news. On a K1, London will ok the I-134 with just a letter from his employer stating his yearly salary. He doesn't even have to have a tax return for a London interview. I told you this was easier than you are imagining.

Even on an I-864 which requires a tax return, the tax return does not have to show enough income if you can prove you currently earn more that the last tax return. You prove it with an employer letter or six months pay stubs.

[heartmango 0]

OK! That's pretty straightforward then. This was one of the only things that felt complicated about the process so far and now it's pretty much sorted as far as I can see. I'll put all of this by his Dad when we see him tonight.

[Nich-Nick 3,354]

You know you don't need an affidavit of support until you walk in the embassy on your interview day. That could be next Feb/Mar depending on when you get the first part going...the petition.

[heartmango 0]

Oh yeah, duh! That's right too. I guess we'll give ourselves a good bit of time to prepare the I-129f (no need to rush it) before we send it so by the time it's approved the taxes are done and he's had a full year of salary. We'd have that and then also have a supporting letter from his employer of his expected salary for the coming year, that's pretty convincing.

By that point in time as well we'd be able to easily reference what his full salary and taxable income came to and know where to go from there. I say this as since the work started only this year he's been transitioning into the employment and the work has not always been 100% consistent hours and monthly payments. We've been working to try and make sure it stays consistent to be sure we can meet the income requirements however.

We should probably see if there's a way to see how much he's done in hours and how much is earned of the salary in monthly payments so we can project how much more needs to be earned and know if we should expect to possibly have to provide a joint sponsor (his dad).

I think I read somewhere before on K-1 visas that having a joint sponsor on an I-134 is not always very convincing since it's not legally binding, but I don't know if I should really worry about it at this point.

Edited July 21, 2016 by heartmango

[Nich-Nick 3,354]

I think I read somewhere before on K-1 visas that having a joint sponsor on an I-134 is not always very convincing since it's not legally binding, but I don't know if I should really worry about it at this point.

You also read London is easy from somebody with 8 years of reading every London K1 interview story, question, concern, and celebration on here for the last 3070 days. Being dramatic LOL. But it's actually true.

No more replies from me because it's wasted time trying to ease your super anxiety. Best of luck to you.

[heartmango 0]

Its been really helpful to get the feedback I've gotten from those who are well versed in the process, I know now I was worrying about the wrong things and what actually matters. I think its been hard for my brain to chill and think sensibly when I've been looking over the entire process in depth the past few days and trying to grasp the whole thing to make sure we can do it before we actually start. I'm the one who likes to have a thoroughly set out plan and be extremely organised while my fiance is the one who takes things as they come so we're a good team to balance each other out, lol. Runs in our families too

The proof of income and financial support was the only part I was really worried about so far but we figured that out too. We put down a spreadsheet of how much he's earned monthly so far versus what you'd make monthly to meet the 125% absolute minimum and then the sum total of each to make sure we're above it. We're doing alright so far and we can just keep track of it each time he's paid, so now we're pretty much set.

I'm just getting chatty and thinking out loud now! But thanks again

[NikLR 13,227]

First, no matter how well organized you are there are parts of this process you have ZERO control and will have ZERO idea of whats happening, and nothing you do can provide insight or control.

For organized people like you and me, this is very hard to deal with but it's very good for us to learn to do.

So keep busy and learn to relax. Start yoga or meditate. Or you will drive yourself and your fiancé crazy.

[heartmango 0]

First, no matter how well organized you are there are parts of this process you have ZERO control and will have ZERO idea of whats happening, and nothing you do can provide insight or control.

For organized people like you and me, this is very hard to deal with but it's very good for us to learn to do.

So keep busy and learn to relax. Start yoga or meditate. Or you will drive yourself and your fiancé crazy.

Yep, I like having a general idea of what we can do in our head before starting but there's a lot of it that's completely in the hands of the officials processing everything. We can have our own plans and prepare for a few things but we also have to expect to take things as they come step by step. So, it's a matter of following instructions and providing what's necessary then planning whatever is sensible to be able to plan for.