What if poverty guidelines are already met for the year?

[kitkat123 0]

Hi members,

I submitted the K1 visa application with the necessary documents to USCIS. Lately, me and my fiance have been missing each other very much, and I am thinking about moving to her country and be with her until the K1 visa process is completed, and then return back together to the US with the K1 visa. In this case, I would have to leave my current job as I am not sure how long the visa process would take, and I assume it would at least take about 4 months or so. I am reading that the consulate might ask you for I-134 and proof of current employment during the visa interview. As of today, I have already met the 125% poverty guidelines for the year. Would the consulate officer be ok with me not having a current job at the time of the visa interview as long as I show the proof that I already met the 125% poverty guidelines for the year? Once I return to the US, I will be working back again. But I am wondering how to fill out the I-134 without a current job, and how to convince the consulate officer that we have been missing each other and I left my job, and that I will be working as soon as I return to the US? Or do I need a joint sponsor in this situation? Please share if you have any similar experience or suggestions. Thank you very much.

[Suss&Camm 2,213]

SInce a job is not a guarantee (if you can somehow show you will be guaranteed to continue working I see no problem with your suggestion) they will require you to have a co-sponsor if you don't have a job or assets to cover. It's not just about "at present". It's about being able to show also future ability.

[aleful 1,905]

you would need assets or a joint sponsor

 

as said, you can't guarantee that she won't get means tested benefits since you would be unemployed

 

 

[kitkat123 0]

2 hours ago, Suss&Camm said:

SInce a job is not a guarantee (if you can somehow show you will be guaranteed to continue working I see no problem with your suggestion) they will require you to have a co-sponsor if you don't have a job or assets to cover. It's not just about "at present". It's about being able to show also future ability.

Thanks @Suss&Camm If you have to show assets, how much should you show in assets for 2 people? Also, let's say, if I have an offer from a company that states I will be working for the company after I return back to the US, would they consider it?

[kitkat123 0]

2 hours ago, aleful said:

you would need assets or a joint sponsor

 

as said, you can't guarantee that she won't get means tested benefits since you would be unemployed

 

 

Thank you. How much do you need to show in assets? Would the consulate require affidavit of support during the visa interview?

[Suss&Camm 2,213]

1 minute ago, sampg said:

Thanks @Suss&Camm If you have to show assets, how much should you show in assets for 2 people? Also, let's say, if I have an offer from a company that states I will be working for the company after I return back to the US, would they consider it?

Well, normally it would be 5x the difference in your lacking yearly wages and the poverty requirement, but that's if you have employment.

Your problem is you wouldn't be having a job in itself - which would mean having to prove your case on assets only and thus 5 x the poverty requiements for your embassy.

[Suss&Camm 2,213]

Yes the embassy wants an affidavit with very few exceptions but do read your embassy's information since a couple exist. Also most require 100% of the poverty limit and a couple 125% so check that also.

Regarding job, a letter of future employment is not enough. You have to be employed and able to show pay stubs and employment letter. I was thinking more along the lines of a letter of approved leave of absence.

 

Maybe you have a friend or a family member that would co-sponsor instead? The i-134 isn't legally enforcable against them like the aos i-864 one,  so it's maybe an "easier sell"

 

[Ash.1101 1,756]

If you don't currently have a job, then you would have to prove assets and you would have to prove somewhere between 3time or 5 times the amount you AREN'T CURRENTLY making.  It'll depend on the CO, but if you make 0$, then you would need to prove anywhere between 60,900 and 101,500 in assets.

You're better off having a cosponsor, unless you have over 60k sitting in your bank.

But the way to find out assets is you minus what you make, from the needed income, then you times it by 3 or 5 depending on how risky you're feeling.

So.. if you made 10,000$ for the year then you would minus 10,000 from 20,300 and have 10,300 as how much you're missing, then times that by 3, or 5 that's what you need in assets.



Honestly while the wait is rough, finances are something the CO can deny on just based on them worrying about you being a public charge, finances are something you should NOT skimp on, it's something you may want to consider having the strongest possible proof other than relationship proof.

Also if you move from the US, you will have to prove that you have a place in the US for you two to move into.

Edited May 22, 2017 by Ash.1101

[Suss&Camm 2,213]

11 minutes ago, Ash.1101 said:

But the way to find out assets is you minus what you make, from the needed income, then you times it by 3 or 5 depending on how risky you're feeling. 

Since this comes up a lot I researched this a while back, the policy manual clarifies that a fiancé is not a direct family member and thus it's 5 x by policy. That said, as I assume from your answer you have also seen that there are, again a couple of exceptions for each rules where, just as you point out, they still only require 3 x.

Edited May 22, 2017 by Suss&Camm

[Ash.1101 1,756]

27 minutes ago, Suss&Camm said:

Since this comes up a lot I researched this a while back, the policy manual clarifies that a fiancé is not a direct family member and thus it's 5 x by policy. That said, as I assume from your answer you have also seen that there are, again a couple of exceptions for each rules where, just as you point out, they still only require 3 x.

Yeah, it's a lot like how some CO's want 125% but others want 100%. That's why I like to stress the CO's ability to kind of bend the rules, if you're going to take risks, make sure you're covered with 5 times assets and plan for 125% instead of 100%! =]

[kitkat123 0]

1 hour ago, Suss&Camm said:

Yes the embassy wants an affidavit with very few exceptions but do read your embassy's information since a couple exist. Also most require 100% of the poverty limit and a couple 125% so check that also.

Regarding job, a letter of future employment is not enough. You have to be employed and able to show pay stubs and employment letter. I was thinking more along the lines of a letter of approved leave of absence.

 

Maybe you have a friend or a family member that would co-sponsor instead? The i-134 isn't legally enforcable against them like the aos i-864 one,  so it's maybe an "easier sell"

 

Yes, I was also thinking about the leave of absence. So would it be ok to use a co-sponsor while filling out the I-134, and then once I return back to the US, can the AOS be processed with me as the sponsor once I started working?

[kitkat123 0]

46 minutes ago, Ash.1101 said:

If you don't currently have a job, then you would have to prove assets and you would have to prove somewhere between 3time or 5 times the amount you AREN'T CURRENTLY making.  It'll depend on the CO, but if you make 0$, then you would need to prove anywhere between 60,900 and 101,500 in assets.

You're better off having a cosponsor, unless you have over 60k sitting in your bank.

But the way to find out assets is you minus what you make, from the needed income, then you times it by 3 or 5 depending on how risky you're feeling.

So.. if you made 10,000$ for the year then you would minus 10,000 from 20,300 and have 10,300 as how much you're missing, then times that by 3, or 5 that's what you need in assets.



Honestly while the wait is rough, finances are something the CO can deny on just based on them worrying about you being a public charge, finances are something you should NOT skimp on, it's something you may want to consider having the strongest possible proof other than relationship proof.

Also if you move from the US, you will have to prove that you have a place in the US for you two to move into.

Looks like co-sponsor would be the best way to go. Thanks very much for your time.

[Suss&Camm 2,213]

5 minutes ago, sampg said:

Yes, I was also thinking about the leave of absence. So would it be ok to use a co-sponsor while filling out the I-134, and then once I return back to the US, can the AOS be processed with me as the sponsor once I started working?

Most embassies allow a co-sponsor but all do not. You should ask in the local forum for the specific embassy. That should be fine since you'll be able to show the income from your old job that already meets the requirements for the year and that you are employed currently. Best would be a couple of paystubs from the new job aswell.

Edited May 22, 2017 by Suss&Camm