K1 Visa Proof of Income, need advisement.

[IheartAsia 8]

Hello, I am happy to find this forum, I was getting tired of asking lawyers an immigrant services questions an them wanting a stupid amount of money to file a petiton that I am more than capable of doing. I appreciate the community here an would much rather contribute an donate here versus paying a lawyer or immigration a service fee, an could care less. 

 

Manilla Embasy:

Everything is green light for K1 Visa petition except 1 issue.

Issue - Proving Income 
Income Tax (Past Year) - Unemployed no income listed.
Why? - Living with family, helping father with operations in his privately owned business. Never was necessary to put anything on my income tax because money I received could be considered gift. 

 

What I do have:
Bank Account Opened Mid Dec. 2016 With $2,000 deposit. 
Projected deposits of $1500- $2000 each month from a business I am starting up because of this situation (my love in a foreign land). 

Goal- Visit fiancee in the coming weeks an file Visa petition when I return to U.S..

*At time of adjudication have proof via bank statements my fiancee will not be a public charge. I would have an accumulation of 6-12 months worth of statements pending on when the interview is.

 

I want to make it as easy as I can for the consular at time of adjudication, to see my fiancee will not be a public charge. 
Are my bank deposits enough evidence? I am open to suggestions to appease the consular's decision making. 

Also, I am potentially open to marriage visa with co-sponsor. Really reluctant on that one, but if it is my only option for this time-table than I may have to take it.

[Vytra 9]

9 minutes ago, IheartAsia said:

Hello, I am happy to find this forum, I was getting tired of asking lawyers an immigrant services questions an them wanting a stupid amount of money to file a petiton that I am more than capable of doing. I appreciate the community here an would much rather contribute an donate here versus paying a lawyer or immigration a service fee, an could care less. 

 

Manilla Embasy:

Everything is green light for K1 Visa petition except 1 issue.

Issue - Proving Income 
Income Tax (Past Year) - Unemployed no income listed.
Why? - Living with family, helping father with operations in his privately owned business. Never was necessary to put anything on my income tax because money I received could be considered gift. 

 

What I do have:
Bank Account Opened Mid Dec. 2016 With $2,000 deposit. 
Projected deposits of $1500- $2000 each month from a business I am starting up because of this situation (my love in a foreign land). 

Goal- Visit fiancee in the coming weeks an file Visa petition when I return to U.S..

*At time of adjudication have proof via bank statements my fiancee will not be a public charge. I would have an accumulation of 6-12 months worth of statements pending on when the interview is.

 

I want to make it as easy as I can for the consular at time of adjudication, to see my fiancee will not be a public charge. 
Are my bank deposits enough evidence? I am open to suggestions to appease the consular's decision making. 

Also, I am potentially open to marriage visa with co-sponsor. Really reluctant on that one, but if it is my only option for this time-table than I may have to take it.

Bank account deposits, as assets, generally don't count for the interview. 

 

You haven't filed your petition yet, so you have a lot of time to prepare. 

 

Basically, you should be earning an income of at least $16,000 per year (before taxes). If you only started working this year, keep close track of your income and document everything. 

 

Manila usually doesn't accept co-sponsors (one of the only embassies to do that), but it depends on the circumstances. I was cosponsored by my parents since I graduated only last year and started working then. 

 

Just so you know, Manila usually doesn't ask anymore to see evidence of support, but it's best to always be prepared. 

 

For the interview, my fiancee brought a written letter of employment stating salary and when I started employment, my I-134, my parents', their form 1040, and my bank account statement. 

[IheartAsia 8]

Thanks for your input. So your telling me I could go to the interview an there is a chance they won't even ask me for proof of income?

Also, since I am self-employed the only thing I would have to show for is bank deposits. I could take up employment somewhere else but then wouldn't have as much time for my preferred income method of self-employment.

 

[Hank_ 9,174]

39 minutes ago, IheartAsia said:

Hello, I am happy to find this forum, I was getting tired of asking lawyers an immigrant services questions an them wanting a stupid amount of money to file a petiton that I am more than capable of doing. I appreciate the community here an would much rather contribute an donate here versus paying a lawyer or immigration a service fee, an could care less. 

 

Manilla Embasy:

Everything is green light for K1 Visa petition except 1 issue.

Issue - Proving Income 
Income Tax (Past Year) - Unemployed no income listed.
Why? - Living with family, helping father with operations in his privately owned business. Never was necessary to put anything on my income tax because money I received could be considered gift. 

 

What I do have:
Bank Account Opened Mid Dec. 2016 With $2,000 deposit. 
Projected deposits of $1500- $2000 each month from a business I am starting up because of this situation (my love in a foreign land). 

Goal- Visit fiancee in the coming weeks an file Visa petition when I return to U.S..

*At time of adjudication have proof via bank statements my fiancee will not be a public charge. I would have an accumulation of 6-12 months worth of statements pending on when the interview is.

 

I want to make it as easy as I can for the consular at time of adjudication, to see my fiancee will not be a public charge. 
Are my bank deposits enough evidence? I am open to suggestions to appease the consular's decision making. 

Also, I am potentially open to marriage visa with co-sponsor. Really reluctant on that one, but if it is my only option for this time-table than I may have to take it.

You need to have 125% income per the  I-864P guidelines for the number of people that are dependents and so will be  

https://www.uscis.gov/i-864p

 

Bank deposit will not be considered, only income.

 

If you are open to completing the spousal visa IR/CR-1 visa, that is the best route as the embassy is required to accept any qualified co-sponsor - this would remove the finance issues. 

 

25 minutes ago, Vytra said:

Bank account deposits, as assets, generally don't count for the interview. 

 

You haven't filed your petition yet, so you have a lot of time to prepare. 

 

Basically, you should be earning an income of at least $16,000 per year (before taxes). If you only started working this year, keep close track of your income and document everything. 

 

Manila usually doesn't accept co-sponsors (one of the only embassies to do that), but it depends on the circumstances. I was cosponsored by my parents since I graduated only last year and started working then. 

 

Just so you know, Manila usually doesn't ask anymore to see evidence of support, but it's best to always be prepared. 

 

For the interview, my fiancee brought a written letter of employment stating salary and when I started employment, my I-134, my parents', their form 1040, and my bank account statement. 

Embassy requires 125% if the poverty guidelines listed on the I-864P, which currently is $22,025 for two people

 

The embassy accepting a co-sponsor is at the embassy's discretion with the K-1, but with immigrant visas they are required to accept a qualified co-sponsor.

Edited January 17, 2017 by Hank_

[IheartAsia 8]

"Embassy requires 125% if the poverty guidelines listed on the I-864P, which currently is $22,025"

 

I thought it was $20,025.

Edited January 17, 2017 by IheartAsia

[IheartAsia 8]

I really want to avoid the marriage visa, I really think we should spend enough time here and there to make sure we are right for each other. Plus I don't know if I will be able to stay in Philippines for a month or however long it takes to get married. It is really a last ditch effort.

 

I see on the affidavit I can select self-employment enter in my annual income. Isn't that all I should have to do?

 

[Hank_ 9,174]

27 minutes ago, IheartAsia said:

"Embassy requires 125% if the poverty guidelines listed on the I-864P, which currently is $22,025"

 

I thought it was $20,025.

 

on my part, typing to fast, sorry.  Yes $20,025.  

[Vytra 9]

54 minutes ago, IheartAsia said:

Thanks for your input. So your telling me I could go to the interview an there is a chance they won't even ask me for proof of income?

 

Since 2015, most people haven't been asked. 

[Hank_ 9,174]

8 minutes ago, IheartAsia said:

I really want to avoid the marriage visa, I really think we should spend enough time here and there to make sure we are right for each other. Plus I don't know if I will be able to stay in Philippines for a month or however long it takes to get married. It is really a last ditch effort.

 

I see on the affidavit I can select self-employment enter in my annual income. Isn't that all I should have to do?

 

Embassy lists the MOST RECENT TAX RETURN, even self-employment pay taxes.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form may be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You may also be asked to submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

 

Now here is the "gamble" part, since 2014 the embassy has been sporadic on asking for support evidence, many times they ask for NOTHING with the K-1.

If you go the K-1 route you can try a co-sponsor, the embassy does accept them, just not required to do so.  When they do accept a co-sponsor with the K-1 the look for a close family member, your dad would be an ideal person.    But like said this is all a gamble.

[Hank_ 9,174]

5 minutes ago, Vytra said:

Since 2015, most people haven't been asked. 

 Actually the embassy stopped requiring the support evidence back in 2014, they change the wording in the instructions letter from  SHOULD to may.  But the instructions letter does state they MAY ask.. and if you don't have it... delay, and if you can't provide the required documents denial

[IheartAsia 8]

3 minutes ago, Hank_ said:

 Actually the embassy stopped requiring the support evidence back in 2014, they change the wording in the instructions letter from  SHOULD to may.  But the instructions letter does state they MAY ask.. and if you don't have it... delay, and if you can't provide the required documents denial

Do you know how long the delay could take?

[Hank_ 9,174]

11 minutes ago, IheartAsia said:

Do you know how long the delay could take?

 

Time it would take for you to FEDEX/UPS/DHL the documents to your fiancee and for her to take them to 2GO, then 2GO delivering them to the embassy.  After that a couple additional weeks usually.

[IheartAsia 8]

16 minutes ago, Hank_ said:

Embassy lists the MOST RECENT TAX RETURN, even self-employment pay taxes.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form may be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You may also be asked to submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

 

Now here is the "gamble" part, since 2014 the embassy has been sporadic on asking for support evidence, many times they ask for NOTHING with the K-1.

If you go the K-1 route you can try a co-sponsor, the embassy does accept them, just not required to do so.  When they do accept a co-sponsor with the K-1 the look for a close family member, your dad would be an ideal person.    But like said this is all a gamble.

Nice...

So, I am thinking I need to seek employment at an established business because I am lacking income on my last year's tax return? Being as bank statements don't seem to count for much. 

[Hank_ 9,174]

1 minute ago, IheartAsia said:

Nice...

So, I am thinking I need to seek employment at an established business because I am lacking income on my last year's tax return? Being as bank statements don't seem to count for much. 

If you want to go the K-1 route, yes, that would be the easiest way to get things done. 

 

Correct, USEM does not look at assets. 

[IheartAsia 8]

2 minutes ago, Hank_ said:

If you want to go the K-1 route, yes, that would be the easiest way to get things done. 

 

Correct, USEM does not look at assets. 

Alright, I appreciate it bud! That sux because self-employment is going good, but love comes first.