Jump to content

14 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
i have a question about the income


interview will be held in manila us embassy


for the last 4 years i been working part time (only 3 days a week 15 hours each day ) and my gross was about $7000+

been working that part time schedule from may 2011 up until at the beginning of this year 2016


as of April 13 i got a raised and also started working full time since then, averaging 42 hours and a half a week (without including overtime which would bring my hours up to 49-52 a week )


so my gross income if you add my base pay rate and my average hours each week would bring my gross income up to $20,748 a year


which is more than enough for the fiance visa including the adjustment of status


but since i started my full time shift in april my "year to date " says $11,790.50 - i dont know if this will be a problem because the rules are my annual gross income based off how much i make a year with my currently job not at the moment of the interview ( which will be held nov 3,2016)


my question is will my past financial history ( if you look at my taxes and w2 form which is way below the mark needed during the last 3-4 years ) including my year to date hurt me and my fiance during her interview in november ?


because eventhough in the past my income was low if they see that right now i would make more than enough if i were to work a full year of this current shift will we be okay?


cause the only evidence that i have that can help me are my paystubs and letter of employment, but my tax papers and w2 which i sent to my fiance will not help at all, so im wondering if i have nothing to worry about because i heard that they care more about how much i make now and its not really important how much i made in the past, especially since my income im making now is way above

$16, 020 to my now $20.748


i make $9.50 a hour and work a average of 42 hours a week as of april 2016


the problem is that if you were to add my income up from jan until december this year it wouldnt be enough because i only started working full time in april, if they will check my year to date then it would probably say something like 12- 13000 or somewhere close to that because i havent work this shift a full year


if i were to work this a full year then it will be beyond the minimum


when it comes to my letter instead of my boss putting my annual income she only put my year to date( which she couldnt remember so she decided to guess it and put my annual gross income as 11,420, - eventhough thats wrong and she tried to put my year to date instead because my year to date is 11,790.50, i believe she was suppose to put 20,748 instead


but i sent the letter anyway with my paystubs, so hopefully the consulate will see that she made a mistake and they will use my paystubs as a way to find my gross


i always thought that as long as im able to make the minimum income requirement then it wouldn't matter how long i been working this shift as long as i had it for a few months and i had this for 6 months now


the letter she gave me stated the regular and the position part, she just made the mistake of putting my year to date income as my annual gross salary income


my fiance interview is this coming november 3, 2016

Edited by dnique91
Filed: K-1 Visa Country: Sweden
Timeline
Posted

You need a co sponsor. You did not meet the poverty guideline.

K1 Visa                                                                                   AOS

03/28/2016 - I-129F Sent                                  02/10/2017 -  AOS/EAD/AP Application Sent

04/14/2016 - NOA1 Received                             02/21/2017 -  NOA 1 - email received

06/17/2016 - Approved                                     03/15/2017 -  Infopass Scheduled

06/24/2016 - NOA 2 Received                            03/15/2017 - Biometrics Done

09/14/2016 - Medical                                                   04/06/2017 - "Ready to Schedule for Interview"

09/29/2016 - Interview! APPROVED                     04/20/2017 - AP - approved

10/03/2016 - Visa Received                               05/09/2017 - EAD/AP card received

12/31/2016 - Wedding.                                    05/15/2017 - AOS interview - Approved!

                                                                                        05/15/2017 - New Card is Being Produced

                                                                                        05/23/2017 - Green Card received.

 

ROC                                                                                             N-400

02/18/2019 - I-751 sent                                              09/18/2020 - Submit Online     

02/25/2019 - USPS Delivered Docs                          09/20/2020 - USCIS receipt email

03/06/2019 - Check electronically processed.       01/04/2021 - Biometrics

03/08/2019 - NOA1 received                                     02/18/2021 - Interview Scheduled

09/06/2019 - Biometrics Appointment                    02/18/2021 - Passed

01/06/2020 - New Card is Being Produced            03/04/2021 - Oath Taking

01/09/2020 - Case Approved

01/14/2020 - Card Received

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

but the problem is that they dont allow other sponsors for the k1 in manila , only in certain conditions, in the end its in the discretion of the consular officer

because ive seen and read many stories (and know people personally) who were in the same situation and it wasnt a problem

Edited by dnique91
Filed: K-1 Visa Country: Russia
Timeline
Posted

So your problem is....

Your boss wrote a letter explaining your employment situation. She made a mistake. You just now caught it.

No, you cannot count on the consulate catching any mistake. It was your responsibility to make sure all of your documents were correct. You'd better get a corrected letter and send it right away. Maybe the consulate will be ok with your income, maybe not. You may need a co-sponsor since you've not been earning enough for that long, and you're barely making enough now.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

....Letter was already redone /scanned/and sent to my fiancé via email

Did that a few days ago, so the letter isn't a problem anymore

Again , I've been told that I can't use co sponsors for a k1 in the Philippines / only allowed in certain situations

Barely making enough ?

If the requirement for k1 in my household is - 16,020 /adjustment is 20,025 and I'm making 20,748 then it's more than enough for both processes

Some people who already went through it ( including immigration attorneys ) said I'll be fine

Some of them say I need a sponsor - which is not allowed

Some of them says maybe /maybe not it's a 50/50 chance for approval and that it's really up to the discretion of the consular officer interviewing her

I'm basically just posting this topic to get other people knowledge /help on the situation

Everything was already checked /redone / sent to my fiancé , I'm just making sure and asking questions leading up to November 3

Filed: K-1 Visa Country: Sweden
Timeline
Posted

....Letter was already redone /scanned/and sent to my fiancé via email

Did that a few days ago, so the letter isn't a problem anymore

Again , I've been told that I can't use co sponsors for a k1 in the Philippines / only allowed in certain situations

Barely making enough ?

If the requirement for k1 in my household is - 16,020 /adjustment is 20,025 and I'm making 20,748 then it's more than enough for both processes

Some people who already went through it ( including immigration attorneys ) said I'll be fine

Some of them say I need a sponsor - which is not allowed

Some of them says maybe /maybe not it's a 50/50 chance for approval and that it's really up to the discretion of the consular officer interviewing her

I'm basically just posting this topic to get other people knowledge /help on the situation

Everything was already checked /redone / sent to my fiancé , I'm just making sure and asking questions leading up to November 3

You do need a co sponsor because for the past 3 years you didn't make the poverty guideline. The embassy will check the last 3 years income tax return, I know this because my fiancé just had an interview on sept 29th they were checking my tax forms.

Although, now you are making enough but you didn't in the past 3 years.

Base on my experience with the Philippine embassy, they do accept a co sponsor. My cousin's fiancée at that time was a student and he provided a co sponsor. And the interview went smoothly, she's now in the US.

Anyway, the embassy just want to make sure that your fiancé will not be a public burden.

It's up to you if you want to take a risk in not providing a co sponsor. But base on your question, you do need one.

K1 Visa                                                                                   AOS

03/28/2016 - I-129F Sent                                  02/10/2017 -  AOS/EAD/AP Application Sent

04/14/2016 - NOA1 Received                             02/21/2017 -  NOA 1 - email received

06/17/2016 - Approved                                     03/15/2017 -  Infopass Scheduled

06/24/2016 - NOA 2 Received                            03/15/2017 - Biometrics Done

09/14/2016 - Medical                                                   04/06/2017 - "Ready to Schedule for Interview"

09/29/2016 - Interview! APPROVED                     04/20/2017 - AP - approved

10/03/2016 - Visa Received                               05/09/2017 - EAD/AP card received

12/31/2016 - Wedding.                                    05/15/2017 - AOS interview - Approved!

                                                                                        05/15/2017 - New Card is Being Produced

                                                                                        05/23/2017 - Green Card received.

 

ROC                                                                                             N-400

02/18/2019 - I-751 sent                                              09/18/2020 - Submit Online     

02/25/2019 - USPS Delivered Docs                          09/20/2020 - USCIS receipt email

03/06/2019 - Check electronically processed.       01/04/2021 - Biometrics

03/08/2019 - NOA1 received                                     02/18/2021 - Interview Scheduled

09/06/2019 - Biometrics Appointment                    02/18/2021 - Passed

01/06/2020 - New Card is Being Produced            03/04/2021 - Oath Taking

01/09/2020 - Case Approved

01/14/2020 - Card Received

 

Posted

You do need a co sponsor because for the past 3 years you didn't make the poverty guideline. The embassy will check the last 3 years income tax return, I know this because my fiancé just had an interview on sept 29th they were checking my tax forms.

Although, now you are making enough but you didn't in the past 3 years.

Base on my experience with the Philippine embassy, they do accept a co sponsor. My cousin's fiancée at that time was a student and he provided a co sponsor. And the interview went smoothly, she's now in the US.

Anyway, the embassy just want to make sure that your fiancé will not be a public burden.

It's up to you if you want to take a risk in not providing a co sponsor. But base on your question, you do need one.

Last time I checked it was your current income that counted. That she made less the for the previous 3 years should not matter as long as she has good proof that she is now making enough.

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

You need a co sponsor. You did not meet the poverty guideline.

this is incorrect. Current income is what counts.

Disregard what people are saying about needing a joint sponsor, current income is what they go by.


Posted (edited)

Mind you, he only makes 700$ more than the MINIMUM 125%. There is a chance it may be too close to the poverty line.

Also, in his first post he says he makes 9.50 an hour, averaging 42 hours per week.

There's two ways we know consulates do math, but it depends on the CO.

It's either one week times 52 (since there are 52 weeks in a year)

or it's one months worth of pay times 12, since there are twelve months in a year.

The second number is less than the first, in this case if the math is done one week times 52 it's 9.50 *42 = 399 , then 399 * 52 = 20748
but if he's unlucky he may get a CO who does the monthly times 12, which is 9.50 * 42 = 399, 399 * 4 = 1596, 1596 * 12 = 19152


While I'm not saying there will be a kick back, it is very very very close to the 125% poverty lines, only 700 over if you multiply his paycheck by 52. It's under if you do a months worth of paychecks and times by 12.




How many paystubs did you send? The more the better, but if you only sent over a months worth, they may just take that and times it by 12, for easier simple math purposes.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

Did you send her the bank statements showing deposits and a bank letter listing all deposits ?

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline
Posted

just a quick update,

my fiance's visa has been approved as of november 7th,

we are still waiting for the 2go services to deliver it to her home

funny thing is that the consular didn't even look at the evidences ( income,pic, messages )

all he wanted to see was her passport, her own paperwork and re-looked at my petition while interviewing her

but he asked all the women before her for the income and etc , so we not complaining lmao

he asked her alot of weird questions and it felt like he wanted to give her a hard time ( question wise) on purpose to see how she answered them,

for example, he kept a serious face the whole time while asking questions like - what was your expression of him when you first received a message from your fiance , and she replied that her expression was happiness, he wouldn't take that as a answer, and kept repeating the question over and over again while even saying that if she didnt change her answer he would deny her , her visa and put it on hold, but she never changed it and kept saying happiness regardless what he threaten to do, after the interview he gave her some form about domestic abuse and etc and told her that if she passed she would receive her visa within 1-2 weeks and good luck and dont forget that she failed his 1 question ( while smiling ) and she was very nervous that she might have failed because of that one question, but i laughed and told her dont worry he was testing you to see if you would break under pressure and change your answers,

because he cannot tell you how you should feel when we first talked , only you can know that answer

but anyway, at this very moment her status says "issued" so we just here waiting to receive it so we can then schedule for the cfo so i can bring her before thanksgiving :dancing::dancing::dancing:

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread is moved from the K-1 Process forum to the K-1 Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: AOS (apr) Country: Canada
Timeline
Posted

just a quick update,

my fiance's visa has been approved as of november 7th,

we are still waiting for the 2go services to deliver it to her home

funny thing is that the consular didn't even look at the evidences ( income,pic, messages )

all he wanted to see was her passport, her own paperwork and re-looked at my petition while interviewing her

but he asked all the women before her for the income and etc , so we not complaining lmao

he asked her alot of weird questions and it felt like he wanted to give her a hard time ( question wise) on purpose to see how she answered them,

for example, he kept a serious face the whole time while asking questions like - what was your expression of him when you first received a message from your fiance , and she replied that her expression was happiness, he wouldn't take that as a answer, and kept repeating the question over and over again while even saying that if she didnt change her answer he would deny her , her visa and put it on hold, but she never changed it and kept saying happiness regardless what he threaten to do, after the interview he gave her some form about domestic abuse and etc and told her that if she passed she would receive her visa within 1-2 weeks and good luck and dont forget that she failed his 1 question ( while smiling ) and she was very nervous that she might have failed because of that one question, but i laughed and told her dont worry he was testing you to see if you would break under pressure and change your answers,

because he cannot tell you how you should feel when we first talked , only you can know that answer

but anyway, at this very moment her status says "issued" so we just here waiting to receive it so we can then schedule for the cfo so i can bring her before thanksgiving :dancing::dancing::dancing:

Congrats, that's wonderful! :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...