K1 Income Requirement

[NicolaBolton87 161]

Hi all,

So myself and my fiance are close to having our I-129F package ready to send off but there are a few things I would like some more opinions on... my fiance makes well over the 100% income requirement for the K1 however he is about £1000 short a year of the 125%. I've read that it really depends on the person you get at the interview as to whether this is a cause for denial however a friend of mine who went through this process about 3 years ago told me that if you can put down assets and perhaps show that you (the immigrant) have some savings, all they really care about is that you can support yourself until you can work.

What are peoples thoughts on this? Has anyone had experience of being approved when only meeting the 100% requirement of income? Can I declare things like my fiance's car etc to bump the income up to the 125%?

My friend also had a letter from her US fiance's father stating that should anything happen they could move in with him and he would support them financially. Has anyone else done this?

 

Thank you!

[geowrian 22,338]

While the minimum is 100% of the poverty level, they will really look at the totality of the circumstances. The actual requirement for the CO is that they must believe that the intending immigrant will not become a public charge.

 

You noted he's £1000/year short for the 125% level. I'm assuming that's you converting his salary to GBP...if he's actually being paid in GBP then I would assume he's working abroad, in which case none of his income may qualify unless he can show it will continue from the same source after returning to the US. I just want to verify this assumption about the conversation / source of the income so there aren't any surprises.

 

Assets can be used as well, assuming they meet the requirements. Assets must convertible to cash within 1 year without becoming a hardship for the sponsor. For instance, a primary vehicle would not qualify, but a secondary vehicle could. Bank accounts are fine as well. For a fiance/fiancee, assets need to be at a 5x level (albeit I have heard some COs going by the 3x level of a spouse, but I wouldn't count on this).

 

I believe London accepts joint sponsors for the I-134 fine.

[Wuozopo 4,293]

Do you know that there is a UK forum? It would be more appropriate if you asked London questions there to weed out experiences from other consulates. Each consulate varies when it come to procedures, interviews and the I-134. UK forum http://www.visajourney.com/forums/forum/99-united-kingdom/

 

Some London specific info:

• London has approved 100% in the past on more than one case.
• They don't require tax returns if you have some other proof of income.
• They have allowed the British fiancé to self sponsor on assets with no I-134 at all.
• They have considered a combination of income plus British fiancé's assets.
• They don't need an I-134 from the US fiancé should you decide to have a joint sponsor. It would be from then joint sponsor only.

Yes, it is a subjective decision by the interviewer, but London is quite flexible where some consulates may not be.

 

When you get to adjustment of status after marriage, there is another affidavit of support I-864 with hard and fast rules:

• Yes to (new) US spouse must fill out a form even if no income.
• Yes tax returns are required
• Yes you can supplement income with immigrant's assets because he is the husband by then so it is household assets. $1000 short needs $3000 cash to make up for it.
• If you need a joint sponsor, they do an I-864 as well.