Poverty guideline advice when filling

[Kellylou 0]

Hello all, new to the forum and this is my first post so forgive me if this is in the wrong place...my fiance (U.S. citizen) and I (UK) are hoping to do this process without a lawyer but have run into a bit of confusion during our research. Can anyone advise if you can earn below the poverty guideline amount and have a petition approved? My fiancé (the petitioner) has run his own start up for the past couple of years and his taxable income is below the guideline amount for two people. We each have assets and savings so are able to take care of ourselves financially and would not be a burden to the country etc but from what I've read the USCIS don't seem to take that into account..my fiancé has decided to get employment alongside running his business so he can show a stable income but I guess we were wondering if we can file while this is going on and then update them when he starts a job and has pay slips, etc. We're both very keen to get the process underway and get on with our life together rather than the back and forth we've been doing. He has proof of taxable income, tax returns, accountant reports, etc we thought we'd include with petition to show that the business is properly managed but unfortunately he just hasn't made a lot from it to date. Apologies for the long post but any help/advice/thoughts would be appreciated! Thanks

[KULtoATL 1,551]

Your case can still be approved so long you get a co-sponsor for the affidavit of support alongside your fiance

 

The sponsor is always the US petitioner.

 

A co-sponsor can be a US based family member or friend.

Edited June 17, 2017 by KULtoATL

[Kellylou 0]

Thank you so much for your reply and help KUL  we'll have to start asking lol 

[Kellylou 0]

KUL- do they take assets and savings into consideration do you know? My fiancé  and I are both able to support ourselves from what we have.

[KULtoATL 1,551]

2 minutes ago, Kellylou said:

KUL- do they take assets and savings into consideration do you know? My fiancé  and I are both able to support ourselves from what we have.

Your fiance can state his assets and savings but to figure out if you guys meet the poverty guideline pretty much relies on one's annual income. Having said that, if your fiance's annual income is below the poverty guideline, then he'll have to get a co-sponsor regardless of the assets and savings

[Kellylou 0]

3 minutes ago, KULtoATL said:

Your fiance can state his assets and savings but to figure out if you guys meet the poverty guideline pretty much relies on one's annual income. Having said that, if your fiance's annual income is below the poverty guideline, then he'll have to get a co-sponsor regardless of the assets and savings

Ok makes sense. Thanks again  

[Kellylou 0]

Can the amount be made up from different sources of income or would they only accept one?

[KULtoATL 1,551]

Not a problem. All the best 

[Kellylou 0]

4 minutes ago, KULtoATL said:

Not a problem. All the best 

Thanks. We might end up getting a lawyer if this seems too tricky but want to give a shot our selves before handing over so much money we could use for our lives/wedding and all that! This process is definitely complicated lol

[KULtoATL 1,551]

9 minutes ago, Kellylou said:

Thanks. We might end up getting a lawyer if this seems too tricky but want to give a shot our selves before handing over so much money we could use for our lives/wedding and all that! This process is definitely complicated lol

This process can be done on your own without an attorney Try checking out the top left tab where it says Guides. You can refer to the K-1 guide and flowchart. It will give you a feel of what to expect. This whole process has a lot to do with gathering the relevant and correct supporting documentation. You just need to know what they are. If you hire an attorney, you'll still need to gather them and pass them on to your attorney only to have them file the petition on behalf of you.

 

Ps: All information in the guides are still useful but the sample forms shown are outdated. Refer to USCIS website for the most current form and fee information.

Edited June 17, 2017 by KULtoATL

[KULtoATL 1,551]

14 minutes ago, Kellylou said:

Can the amount be made up from different sources of income or would they only accept one?

Different sources of income should be fine Sorry I missed this earlier.

[Wuozopo 4,293]

1 hour ago, Kellylou said:

Hello all, new to the forum and this is my first post so forgive me if this is in the wrong place...my fiance (U.S. citizen) and I (UK) are hoping to do this process without a lawyer but have run into a bit of confusion during our research. Can anyone advise if you can earn below the poverty guideline amount and have a petition approved? My fiancé (the petitioner) has run his own start up for the past couple of years and his taxable income is below the guideline amount for two people. We each have assets and savings so are able to take care of ourselves financially and would not be a burden to the country etc but from what I've read the USCIS don't seem to take that into account..my fiancé has decided to get employment alongside running his business so he can show a stable income but I guess we were wondering if we can file while this is going on and then update them when he starts a job and has pay slips, etc. We're both very keen to get the process underway and get on with our life together rather than the back and forth we've been doing. He has proof of taxable income, tax returns, accountant reports, etc we thought we'd include with petition to show that the business is properly managed but unfortunately he just hasn't made a lot from it to date. Apologies for the long post but any help/advice/thoughts would be appreciated! Thanks

You can get started now because the petition from the American (I-129f) does not require financial information. It merely determines if you are eligible to apply for the visa as the legitimate fiancé. The petition will basically determine if 1) he is a US citizen, 2) you have met in person during the last two years, 3) you are both free to marry and plan to marry.

 

Once the petition is approved, the case file goes to your consulate in London.  Then you apply for the K1 visa (DS-160), pass a medical exam in London, gather documents including the affidavit of support (I-134) to present at your interview, and finally interview in London at the US Embassy.

 

London is an easy consulate and they are not terribly strict on the I-134 financials. If you look up the form I-134, you can see that there is a place to show employment income and assets, so yes both are considered. London will also consider your UK savings if you will take  some proof like bank or financial statements. Your part does not go on a form, but others have found it helpful to make a spread sheet to summarize it all for officer at the interview-- his job, his asset balances, your asset balances.

 

London will also:

• Let another US person sponsor you instead of your fiance
• Approve with only 100% of the poverty guidelines
• Let the U.K. person with considerable savings or a house to sell, sponsor themselves with no I-134 form.
• Accept a variety of evidence like employer letter (with no tax return or pay slips). They don't require a long list of proofs you will read on these forums. Each consulate has their own vibe about what they consider adequate. 

 

Note: since your fiancé is self employed, his tax return (Line 22) will be the only way to show that income, but if he gets another job, then an employer letter for that additional income will do.

Edited June 17, 2017 by Wuozopo

[yuna628 9,696]

Keep in mind that London will accept 100% for the I-134, however when you marry you must adjust status, and the more strict guidelines for I-864 come in at 125%.

[Kellylou 0]

22 hours ago, KULtoATL said:

This process can be done on your own without an attorney Try checking out the top left tab where it says Guides. You can refer to the K-1 guide and flowchart. It will give you a feel of what to expect. This whole process has a lot to do with gathering the relevant and correct supporting documentation. You just need to know what they are. If you hire an attorney, you'll still need to gather them and pass them on to your attorney only to have them file the petition on behalf of you.

 

Ps: All information in the guides are still useful but the sample forms shown are outdated. Refer to USCIS website for the most current form and fee information.

I think we're just nervous we'll get it wrong but I'm sure we can do it especially with the support here. Thank you so much for all the help  are you currently in the process?

[Kellylou 0]

21 hours ago, Wuozopo said:

You can get started now because the petition from the American (I-129f) does not require financial information. It merely determines if you are eligible to apply for the visa as the legitimate fiancé. The petition will basically determine if 1) he is a US citizen, 2) you have met in person during the last two years, 3) you are both free to marry and plan to marry.

 

Once the petition is approved, the case file goes to your consulate in London.  Then you apply for the K1 visa (DS-160), pass a medical exam in London, gather documents including the affidavit of support (I-134) to present at your interview, and finally interview in London at the US Embassy.

 

London is an easy consulate and they are not terribly strict on the I-134 financials. If you look up the form I-134, you can see that there is a place to show employment income and assets, so yes both are considered. London will also consider your UK savings if you will take  some proof like bank or financial statements. Your part does not go on a form, but others have found it helpful to make a spread sheet to summarize it all for officer at the interview-- his job, his asset balances, your asset balances.

 

London will also:

• Let another US person sponsor you instead of your fiance
• Approve with only 100% of the poverty guidelines
• Let the U.K. person with considerable savings or a house to sell, sponsor themselves with no I-134 form.
• Accept a variety of evidence like employer letter (with no tax return or pay slips). They don't require a long list of proofs you will read on these forums. Each consulate has their own vibe about what they consider adequate. 

 

Note: since your fiancé is self employed, his tax return (Line 22) will be the only way to show that income, but if he gets another job, then an employer letter for that additional income will do.

That's really useful! Thank you so much. Do you know how sponsor yourself works or where I can find more info? I did google it but didn't find much. Thanks again 

19 hours ago, yuna628 said:

Keep in mind that London will accept 100% for the I-134, however when you marry you must adjust status, and the more strict guidelines for I-864 come in at 125%.

Thank you