Question regarding I-134 form employment section with no US based income

[Horus 6]

So the TLDR is after dating my no fiance online for about 6 months while she was living in Korea waiting for a work visa approval to come stateside, we'd had a planned week long vacation in the phillipines. Work visa fell through, so we changed plans and decided to continue on to Cambodia to continue our relationship in person rather than over skype. We've been out here a little over a year now and another 6 months into the being out here I proposed and we started working on Visa paperwork in november.  Her parents are naturalized citizens, and her brothers gained citizenship through military service in the navy (currently stationed in japan). 

Anyway to get to the point, we're onto the second part of the k-1 visa process now and the only part that worries me a bit is the sponsorship, we're going to be using her brother and my mother as co-sponsors because I was only working for about 3 months in 2016 before I got out here, so my income tax stuff was only about 7k including a small retirement i'd cashed out that had been sitting stagnant for the last 6 years. Obviously I need the co-sponsors to meet income requirements, and we've been working on funneling savings into my american based checking account so that can hopefully look better for us (while still keeping some out here so she can show she's not broke ). I'm a bit worried that coming out here might of screwed things up in regards to getting stateside sooner rather than later, but what's done is done and going back home to find work and separating for a year or so isn't really a desirable option. 

On the current employment section I'm assuming I'd fill out N/A  and or None as it's meant to reference US based employment which being overseas I don't currently have.  My resources stateside include my car, savings that's being added to and family (we'd be coming back and getting married in California then driving up to Oregon where we'd settle in nearby the rest of my family, then her parent's would follow suit once they're able to secure a new employer up there. We're going in to Cali initially because her family down there's going to pay for the wedding, so I don't mind having mine fly down in that case  ) 

 

[Ash.1101 1,756]

Note that you can only use one cosponsor unless the CO specifically asks for a second.


With that said, you will need a cosponsor 100%, just make sure the one you pick makes more than the needed for their household + your fiance. Resources can help, but at the end of the day, they're going to be looking at the cosponsors documentation for something they can officially accept as good enough.

Also her income doesn't matter, my husband tried showing them that he had 13k in savings and they didn't want to see it. I believe there are some consulates that have looked at the foreign immigrants savings before but it's rare.


With that said, I was unemployed at the time of my husbands K-1 interview, we used my mother as a cosponsor and she did make more than the poverty line for her house hold + my husband (27K when at the time poverty line for 2 people was 20025, had the job for 4 years, provided w2,tax return,paystub, etc.), but we were asked for a second cosponsor since I had no income. In this case we got our friend to be a second cosponsor making 60k+ for only two people, the second got pushed through no problem lol.

Note though that the financial side is 100% consular discretion which means if they have ANY doubts they can ask for more info, I'm assuming that you will be there for the interview, which would be great. Maybe being there to speak to the CO (if they allow) could help your case, clearly you're willing to work, so that shouldn't come into question.

With that said, if you have two people willing to be a cosponsor, then you should be fine. If anything have them both fill it out and take it with you, they will only accept one cosponsors documentation to begin with, but if you run into a case like mine where you are asked for a second, maybe you could whip it out and give it to them lol.

Edited March 19, 2017 by Ash.1101

[Ash.1101 1,756]

33 minutes ago, Horus said:

On the current employment section I'm assuming I'd fill out N/A  and or None as it's meant to reference US based employment which being overseas I don't currently have.  My resources stateside include my car, savings that's being added to and family (we'd be coming back and getting married in California then driving up to Oregon where we'd settle in nearby the rest of my family, then her parent's would follow suit once they're able to secure a new employer up there. We're going in to Cali initially because her family down there's going to pay for the wedding, so I don't mind having mine fly down in that case  ) 

 

I missed answering this one. Yes you will put NONE since it is US based employment. 



Just remember, who ever you use a cosponsor has to provide the same things you would provide as a sponsor. Tax transcript or Tax Return/W2 combo, paystubs, employer letter (if possible), and if they are claiming any assets then proof of the assets. If they are using anything like a house or a car then it needs to be officially appraised by an appraiser, they can't just claim a number value without proof to back it up.

[tab4768 31]

11 hours ago, Ash.1101 said:

I missed answering this one. Yes you will put NONE since it is US based employment. 



Just remember, who ever you use a cosponsor has to provide the same things you would provide as a sponsor. Tax transcript or Tax Return/W2 combo, paystubs, employer letter (if possible), and if they are claiming any assets then proof of the assets. If they are using anything like a house or a car then it needs to be officially appraised by an appraiser, they can't just claim a number value without proof to back it up.

I am the petitioner and have been living overseas and earning local currency. I was told that when I fill out the Affidavit of support, that I fill in the income value in USD at the closest conversation rate. I also have letters from my job here for the last 4 years listing my income. I will have these translated Incase they are needed in the future for AOS and also IRS. 

[Ash.1101 1,756]

1 hour ago, tab4768 said:

I am the petitioner and have been living overseas and earning local currency. I was told that when I fill out the Affidavit of support, that I fill in the income value in USD at the closest conversation rate. I also have letters from my job here for the last 4 years listing my income. I will have these translated Incase they are needed in the future for AOS and also IRS. 

The income they are looking for is ongoing, current and WILL continue. If your job will continue after you move to the US, then you can feel free to put it. But if the job is ONLY while you're over seas, then you make 0$ for sponsorship purposes.

One of the first questions they will have for you is how is your income going to continue when you move to the US, again, if you can provide job transfer paperwork and proof you'll be working for the same company but within the US then you're better off. Some people have still been asked for a cosponsor even with transfer paperwork and proof of future job transfer. They want job stability WITHIN the US.

But if you have to leave your current job and get a new job in the US, then the money you make can't be used to sponsor as your income will cease once entering the US and you can't support your fiance on 0$ income.


Also the proof you'll need to back up the I-134, are tax transcripts or tax return (1040) and W2 combo, paystubs, and employer letter. Make sure your taxes have been filed because that's something that you can't get around. They will want tax returns+W2 or at least a tax transcript or they will ask for a cosponsor without question.


And like I said in another post in this thread, financial documentation and the I-134 are completely and absolutely based on consular discretion. If the CO doesn't like it, or the proof is pushing the realm of possibilities (which this may be the case for you even if you transfer) then they can ask for a cosponsor simply based on them feeling your fiance may become a public charge.

Edited March 20, 2017 by Ash.1101

[Ash.1101 1,756]

1 hour ago, tab4768 said:

I am the petitioner and have been living overseas and earning local currency. I was told that when I fill out the Affidavit of support, that I fill in the income value in USD at the closest conversation rate. I also have letters from my job here for the last 4 years listing my income. I will have these translated Incase they are needed in the future for AOS and also IRS. 

Also note since I can't edit my post, you do seem to have some misconceptions when it comes to the I-134. While they can't deny you, they can ask for a cosponsor or two. Like I posted before, this happened to us. The only way for denial would be that you couldn't provide a cosponsor when they ask, but being handed a 221g with considerations for a second cosponsor is a pretty awful feeling, especially when you expect everything to be fine because you "met the minimum requirement"..

Note that consular discretion exists heavily in the K-1 phase, when you AOS those minimum requirements are looked at as that, minimum requirements. If you make it, you're fine. But for K-1 visa interviews, even if you make the minimum it can still not be good enough if the CO has any valid doubt, such as working outside the country, having no income, etc.


From your prior posts I do see your using a cosponsor because you don't even make enough to file taxes, which means they will most likely just ignore your paperwork. If they do look at it, if anything they may ask you to correct it as you don't earn any US income. Make sure to include a letter as to why you don't earn enough to file taxes, but be aware that there may be some doubt placed on you as living outside of the US you've managed to never have to file a tax return because you've been under the threshold. I'm guessing that your fiance has been the sole provider for you, which sadly to the government doesn't matter much, as they view it as your job to take care of him.

Without paystubs, you can print your bank statements and highlight the deposits from your job.


As long as your cosponsors proof is solid, you should be fine, but just be aware of the possibilities. 




Also, if you called USCIS and asked if you can put your foreign income that will end when you move on your I-134, I would go ahead and chalk it up to someone that isn't sure about the situation. USCIS is normally known as the misinformation hotline, and there's a reason for that. Also, what proof do you have that you made what you said you made? If it's just employer letters that may not be enough. Normally there would be some form of yearly income tally, or again, a years worth of paystubs.

Edited March 20, 2017 by Ash.1101

[Horus 6]

On 3/19/2017 at 10:30 PM, Ash.1101 said:

Quote

Note that you can only use one cosponsor unless the CO specifically asks for a second.

Ah, thanks, didn't realize that since it had the room for 2 on the form if I remember right. Either way we'll get both ready so if they ask for a second she's got it on hand.
 

 

Quote

With that said, you will need a cosponsor 100%, just make sure the one you pick makes more than the needed for their household + your fiance. Resources can help, but at the end of the day, they're going to be looking at the cosponsors documentation for something they can officially accept as good enough.

Yea, my mother's only dependent is my father, so being decently above the poverty threshold should be no problem. 

Quote

Also her income doesn't matter, my husband tried showing them that he had 13k in savings and they didn't want to see it. I believe there are some consulates that have looked at the foreign immigrants savings before but it's rare.

Good to know we don't have to bother with that, easier to put it all in once place anyway.

Quote

With that said, I was unemployed at the time of my husbands K-1 interview, we used my mother as a cosponsor and she did make more than the poverty line for her house hold + my husband (27K when at the time poverty line for 2 people was 20025, had the job for 4 years, provided w2,tax return,paystub, etc.), but we were asked for a second cosponsor since I had no income. In this case we got our friend to be a second cosponsor making 60k+ for only two people, the second got pushed through no problem lol. 

 

Note though that the financial side is 100% consular discretion which means if they have ANY doubts they can ask for more info, I'm assuming that you will be there for the interview, which would be great. Maybe being there to speak to the CO (if they allow) could help your case, clearly you're willing to work, so that shouldn't come into question.  

 

With that said, if you have two people willing to be a cosponsor, then you should be fine. If anything have them both fill it out and take it with you, they will only accept one cosponsors documentation to begin with, but if you run into a case like mine where you are asked for a second, maybe you could whip it out and give it to them lol.

Yea, this was what we were nervous about, but I'm glad to hear it worked out better for you, and we have some other options co-sponsor wise if we need  a second with a more sizable income. I'm just glad we aren't living in the Phillipines because I'd read somewhere Manila's US embassy had started auto-denying all K-1 applications that necessitated co-sponsorship. 
 

Better to be over prepared than under!

 

[KimchiLumpia 315]

Your situation sounds similar to another VJ member's situation. 

You stated that you're now living in Cambodia for a little over a year now?  You may have your bases covered when it comes to your co-sponsors - but in your affidavit of support, the US citizen is also required to provide proof of US domicile.

 

Per the USCIS website: "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States."
https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

There are many instances where people were given 221(g) Visa refusals for being unable to provide evidence of domicile:
http://www.visajourney.com/forums/topic/629151-k1-visa-required-document/

 

[KimchiLumpia 315]

I should also clarify, that the link above regarding affidavit of support refers to instructions for affidavit of support form I-864 (Adjustment of Status), not affidavit of support form I-134 (K1 Visa).

Although the instructions for form I-134 say nothing about proving US domicile, at your fiance's interview, it will most likely be required.  For example, my Canadian fiance's interview checklist stated that she must provide the US citizen's proof of domicile.  And as you can read in the second link provided above, many other VJ members' countries required proof of domicile at the interview as well.

The K1 process is confusing enough, and I just want to make sure you have your bases covered with everything.

Good luck

Edited March 21, 2017 by KimchiLumpia

[Ash.1101 1,756]

10 hours ago, Horus said:

Better to be over prepared than under!

 

I agree 10000000000%! Good luck on your journey!

[tab4768 31]

On 3/20/2017 at 0:31 AM, Ash.1101 said:

Also note since I can't edit my post, you do seem to have some misconceptions when it comes to the I-134. While they can't deny you, they can ask for a cosponsor or two. Like I posted before, this happened to us. The only way for denial would be that you couldn't provide a cosponsor when they ask, but being handed a 221g with considerations for a second cosponsor is a pretty awful feeling, especially when you expect everything to be fine because you "met the minimum requirement"..

Note that consular discretion exists heavily in the K-1 phase, when you AOS those minimum requirements are looked at as that, minimum requirements. If you make it, you're fine. But for K-1 visa interviews, even if you make the minimum it can still not be good enough if the CO has any valid doubt, such as working outside the country, having no income, etc.


From your prior posts I do see your using a cosponsor because you don't even make enough to file taxes, which means they will most likely just ignore your paperwork. If they do look at it, if anything they may ask you to correct it as you don't earn any US income. Make sure to include a letter as to why you don't earn enough to file taxes, but be aware that there may be some doubt placed on you as living outside of the US you've managed to never have to file a tax return because you've been under the threshold. I'm guessing that your fiance has been the sole provider for you, which sadly to the government doesn't matter much, as they view it as your job to take care of him.

Without paystubs, you can print your bank statements and highlight the deposits from your job.


As long as your cosponsors proof is solid, you should be fine, but just be aware of the possibilities. 




Also, if you called USCIS and asked if you can put your foreign income that will end when you move on your I-134, I would go ahead and chalk it up to someone that isn't sure about the situation. USCIS is normally known as the misinformation hotline, and there's a reason for that. Also, what proof do you have that you made what you said you made? If it's just employer letters that may not be enough. Normally there would be some form of yearly income tally, or again, a years worth of paystubs.

I make literally $5,000 when converted into USD. I know I cannot sponsor my fiancé. I have a co sponsor already which is my dad. Thank you for the details, regarding ongoing position vs leaving foreign job. I can't wait to give my notice and get out of this place. I was providing feedback I got from a guy who seems to "know-it-all" when it comes to visa stuff. So I should put $0 and just include my letter explain the last 7 years of my life along with the letters from my currant job (also translated by a translator) so they can see my yearly salaries here, and also why I haven't filed taxes. I am my sole provider. I don't live with my fiancé. I make enough here to live fine. I actually make more than my fiancé. I follow the guidelines put out by the IRS, as doing the taxes (which I did in 2015), is a headache for falling so far below the minimum. 

Edited March 21, 2017 by tab4768

[Ash.1101 1,756]

4 hours ago, tab4768 said:

I make literally $5,000 when converted into USD. I know I cannot sponsor my fiancé. I have a co sponsor already which is my dad. Thank you for the details, regarding ongoing position vs leaving foreign job. I can't wait to give my notice and get out of this place. I was providing feedback I got from a guy who seems to "know-it-all" when it comes to visa stuff. So I should put $0 and just include my letter explain the last 7 years of my life along with the letters from my currant job (also translated by a translator) so they can see my yearly salaries here, and also why I haven't filed taxes. I am my sole provider. I don't live with my fiancé. I make enough here to live fine. I actually make more than my fiancé. I follow the guidelines put out by the IRS, as doing the taxes (which I did in 2015), is a headache for falling so far below the minimum. 

Honestly I would just put 0, but if you want you can at least do a letter and pay from your current job with translations so they can at least see you were working. At the end of the day though, USCIS will know you're leaving the job and will pretty much be making nothing.

I saw you want to include job applications or postings to show you're applying for jobs. I'd honestly do that as they may want to make sure that you are prepared to be your fiances provider. 



Either way, I would provide everything you have available. Really it's all you can do. It won't matter to too much unless there's an error in paperwork ( in which they would want corrected before officially accepting it ), but it could help you case showing that when he comes to the US with you that he won't end up being a public charge, even if he has someone cosponsoring him. 


 

Edited March 22, 2017 by Ash.1101

[Horus 6]

On 3/21/2017 at 0:10 PM, KimchiLumpia said:

Your situation sounds similar to another VJ member's situation. 

You stated that you're now living in Cambodia for a little over a year now?  You may have your bases covered when it comes to your co-sponsors - but in your affidavit of support, the US citizen is also required to provide proof of US domicile.

 

Per the USCIS website: "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States."
https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

There are many instances where people were given 221(g) Visa refusals for being unable to provide evidence of domicile:
http://www.visajourney.com/forums/topic/629151-k1-visa-required-document/

 

Yea that parts not a problem, we've got a place to stay in california when we get there. We plan on moving up north to oregon after the wedding, but prior to that her parents are going to put us up for the duration.  I'd think it strange if they took issue with that since im having them send mail regarding the process to her mothers address in cali.