Can the K1 visa be paused?

[nanaaalex 49]

Hello

I am the beneficiary in Canada and my fiance is the petitioner. I did my interview in February 2016, got accepted but the only thing that is missing is a i-864 and/or W2 (I did not get a 221G) We were going the cosponsor route at first but we decided to do it on our own.

However he won't meet the poverty guideline for 2016 with his new job which means we will have to wait for 2017 to finish for him to meet it. I will pretty much only be able to send the missing financial documents in the beginning of 2018 My question is will my case still be open? The ideal situation for us is of course to not start over again (just redo the medical/police certificate) but I feel like more than a year is a long time. I thought about sending the 2016 financial documents (even though we don't meet them) to show that we still want the case to stay open. Can anything be done?

Thank you in advance

[KayDeeCee 4,896]

Why do you need an I-864 for a K-1? Did the CO give a reason for wanting that form? They are not supposed to request the I-864 for a K-1.

Why do you need to wait? Is he self-employed? If he is currently earning enough annually to meet the requirement, then he should be able to provide a letter from employer and recent pay stubs to prove his current annual income, and not base it on what he made last year in the past.

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action. However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)

[nanaaalex 49]

Why do you need an I-864 for a K-1? Did the CO give a reason for wanting that form? They are not supposed to request the I-864 for a K-1.

Why do you need to wait? Is he self-employed? If he is currently earning enough annually to meet the requirement, then he should be able to provide a letter from employer and recent pay stubs to prove his current annual income, and not base it on what he made last year in the past.

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action. However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)

I don't know, the officer said I could give the I-864 if I wanted to and/or the W2.

He was self employed for a long time until January 2016. He will not earn enough annually in 2016. So I should be able to send a letter at the beginning of 2017 with a letter from employer/recent pay stubs.

Thank you for that link!

[EM_Vandaveer 2,417]

If he got a job in January 2016, that's fine. It's 6+ months at the same job. Get employer letter and paystubs.

For K-1, an I-134 is needed NOT an I-864.

[Ontarkie 14,449]

Why do you need an I-864 for a K-1? Did the CO give a reason for wanting that form? They are not supposed to request the I-864 for a K-1.

Why do you need to wait? Is he self-employed? If he is currently earning enough annually to meet the requirement, then he should be able to provide a letter from employer and recent pay stubs to prove his current annual income, and not base it on what he made last year in the past.

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action. However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)

In Canada they do not accept 100% you must make 125% or it's a no go.

If he got a job in January 2016, that's fine. It's 6+ months at the same job. Get employer letter and paystubs.

For K-1, an I-134 is needed NOT an I-864.

In Canada they do not accept 100% you must make 125% or it's a no go.

Edited September 1, 2016 by Ontarkie

[Ontarkie 14,449]

~~Moved to the Canada forum from the K1 P&P - as the OP's question is Country specific.~~

[EM_Vandaveer 2,417]

In Canada they do not accept the I-134 you must make 125% or it's a no go.

In Canada they do not accept the I-134 you must make 125% or it's a no go.

Good to know. Still, if the USC got a job in January that should be good enough assuming the yearly income is above 125%, right?

[KayDeeCee 4,896]

In Canada they do not accept the I-134 you must make 125% or it's a no go.

In Canada they do not accept the I-134 you must make 125% or it's a no go.

Really? Montreal never asks for or accepts the I-134 for a K-1 visa? First I have ever heard of this. The K-1 instructions for the consulate in Canada state an I-134 for the K-1. Many consulates still expect 125%, even with the I-134. Does not mean they have to provide an I-864. >

https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/07/Packet3Instructions-K1.pdf

Signed Affidavit of Support (I-134) with all supporting financial documents.

https://fam.state.gov/fam/09FAM/09FAM030208.html

(e) Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134 is necessary. You must not require or accept Form I-864 in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR). See paragraph (d) above.

OP> I have seen cases where the CO will ask for an I-864 from a joint sponsor before they will approve a K-1. Even though they are not supposed to, perhaps they are asking for the I-864 thinking along the lines of it being legally binding, where the I-134 is not. Still, they are not supposed to ask for one for a K-1 visa.

If they have been working since Jan., then they have been working at that job for almost a year now. They do not have to wait for the 2016 taxes. It is not about what they made so far, or what they made during any one specific year. It is the projection of their income for a year's time. So, what they make hourly times hours worked per week, then weekly income multiplied by 52 weeks. That is the current annual income that you list. You provide letter from employer and most recent 6 months of pay stubs to prove that current income amount.

[nanaaalex 49]

In Canada they do not accept the I-134 you must make 125% or it's a no go.

In Canada they do not accept the I-134 you must make 125% or it's a no go.

Thanks for the specification!

Good to know. Still, if the USC got a job in January that should be good enough assuming the yearly income is above 125%, right?

He doesn't work at the job he had back in January 2016 anymore, the job he had after that was just on call which is why his yearly income as of now is not above 125%.

The job that will bring him to have a yearly income above 125% is starting next Tuesday.

[nanaaalex 49]

OP> I have seen cases where the CO will ask for an I-864 from a joint sponsor before they will approve a K-1. Even though they are not supposed to, perhaps they are asking for the I-864 thinking along the lines of it being legally binding, where the I-134 is not. Still, they are not supposed to ask for one for a K-1 visa.

If they have been working since Jan., then they have been working at that job for almost a year now. They do not have to wait for the 2016 taxes. It is not about what they made so far, or what they made during any one specific year. It is the projection of their income for a year's time. So, what they make hourly times hours worked per week, then weekly income multiplied by 52 weeks. That is the current annual income that you list. You provide letter from employer and most recent 6 months of pay stubs to prove that current income amount.

Yea since they asked for the I-864 AND/OR W2 I will just send in the W2 with the employer's letter.

He just stopped being self employed in January 2016 he isn't at the same place anymore. He is starting a new full time job next week.

But that is good to know for the timeline, I should be able to send in everything in March 2017.

Thank you!

Edited September 1, 2016 by nanaaalex

[Pitchman 8]

Assuming its a full time job its not hard to exceed 125%.

[KayDeeCee 4,896]

Yea since they asked for the I-864 AND/OR W2 I will just send in the W2 with the employer's letter.

He just stopped being self employed in January 2016 he isn't at the same place anymore. He is starting a new full time job next week.

But that is good to know for the timeline, I should be able to send in everything in March 2017.

Thank you!

I would just stay in touch with the consulate to let them know you are still intending to pursue the K-1 visa and ask that they extend your I-129F petition.

[Ontarkie 14,449]

Really? Montreal never asks for or accepts the I-134 for a K-1 visa? First I have ever heard of this. The K-1 instructions for the consulate in Canada state an I-134 for the K-1. Many consulates still expect 125%, even with the I-134. Does not mean they have to provide an I-864. >

https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/07/Packet3Instructions-K1.pdf

Signed Affidavit of Support (I-134) with all supporting financial documents.

https://fam.state.gov/fam/09FAM/09FAM030208.html

(e) Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134 is necessary. You must not require or accept Form I-864 in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR). See paragraph (d) above.

OP> I have seen cases where the CO will ask for an I-864 from a joint sponsor before they will approve a K-1. Even though they are not supposed to, perhaps they are asking for the I-864 thinking along the lines of it being legally binding, where the I-134 is not. Still, they are not supposed to ask for one for a K-1 visa.

If they have been working since Jan., then they have been working at that job for almost a year now. They do not have to wait for the 2016 taxes. It is not about what they made so far, or what they made during any one specific year. It is the projection of their income for a year's time. So, what they make hourly times hours worked per week, then weekly income multiplied by 52 weeks. That is the current annual income that you list. You provide letter from employer and most recent 6 months of pay stubs to prove that current income amount.

Yes you're right, meant 100% and 125% I had two train of thoughts, multi tasking at my worse. I fixed my first post. Montreal is also notorious for making their own rules.

Edited September 1, 2016 by Ontarkie

[nanaaalex 49]

I would just stay in touch with the consulate to let them know you are still intending to pursue the K-1 visa and ask that they extend your I-129F petition.

I will do that, thank you!

[NikLR 13,232]

How much does he make per hour? How current income is measured is $/hr x hrs/wk x 52 =current annual income.

Now even if he technically will only have 6 months at that job this year, his annual income will be the formula I describe.

And yes Canada normally uses the I-134 but they dont generally go with 100%. It's normally 125%.