K1 Visa Requirement Questions

[JayHouser 209]

Hi everyone, I recently have been involved with an individual from El Salvador and I had some questions regarding on how to proceed with the K1 Visa. I understand there is a income requirement and I am in an interesting situation when it comes to this.

For the past 2 years I have worked as an independent contractor for commission only on a sales floor, last year I actually made 30,000 but because of the nature of my job, I claimed as many deductions as possible so that my AGI would be only 11,000. Of course at the time I was only thinking of saving on taxes and not marrying someone from another country. (2016 Taxes) I was also a student during this time.

 As for 2017 I am on track to make around 50,000 however I would not be able to even file until late January when I get my W4 of course. At that time I could claim less deductions if not needed to hit the required numbers. 

For 2015 I made around 12,000 AGI and I was also still a student.

 

So basically my past 2 years of income look bad if you go off W2s only (paystubs look decent though), and for all of 2017 it is looking really good. Also, her income is pretty much not a factor at all. I would prefer not to have to find a sponsor but I also do not want to risk denial. Any advice at all?

 

Thanks so much!

 

 

Oh and one last queston and I am sorry if it is off topic, Does anyone know how strict the approval is for C1 Transit Visas, We were thinking of going to Japan this December and most flights from her country pass through America first. 

[KULtoATL 1,551]

What matters most is your current year's expected annual income  You'll only need to provide your fiancee with the I-134 and supporting documents when she finally gets to the K-1 visa application stage at her local embassy.

 

If you file the I-129F now, you won't get your NOA2 for another 4 months. Due to that, you might have sufficient time to file your 2017 taxes and still be able to obtain the 2017 tax transcript to be attached to the I-134 when she goes for the K-1 interview. Otherwise, provide her with your employer letter, paystubs as well as corresponding W2 and 1040 with the I-134  

 

ETA: Her income will not be considered at all for the I-134. If your annual income is below the poverty guideline and then you have no choice but to get a co-sponsor.

 

Here's the poverty guideline - https://www.uscis.gov/i-864p. I-134 for the K-1 interview requires 100%. AOS will use the I-864 which requires 125%.

Edited August 28, 2017 by KULtoATL

[JayHouser 209]

Thank you so much for the quick response! Can I use paystubs or other ways to prove income if needed before my taxes are filed? So the most recent year is the only relevant one right? 

[Esme2504 48]

2 hours ago, JayHouser said:

Thank you so much for the quick response! Can I use paystubs or other ways to prove income if needed before my taxes are filed? So the most recent year is the only relevant one right? 

You can use current paystubs. I used paystubs, letter from employer, IRS transcripts for the past 3 years and 2016 tax return with w2s.  My fiance had his interview at el salvador and he said they did not look at my documents which is weird they didnt.