i-129f Tax returns, last year was student

[Yace 43]

I have seen so many people including students having their Fiance coming here to get married with them. Me and my fiance are currently on day 141 at the CSC and we are 20 and 21 years old. Some people have told me they require the finance form and some people have had it to where the interviewer has never asked for it. Last year, I was a full time student, and worked only a part time job. However, I got my degree, and this January I got hired full time at a new Job and make above the poverty line BASE not including my commission. I live with my parents technically and pay no rent as it is a guest house. I am worried because some people tell me that at the end of this looonnnnggg process which are are doing correctly with a very good life plan, that they will look at my last years tax return and deny her entry at the last step (interview). I am literally freaking out as this would be tragic, and not fair at all. I heard about co-sponsors however, although they have a lot of money, my parents are retired and don't have a yearly income. Can somebody please help me out? Has anyone else already had their interview?? Thanks

[geowrian 22,337]

The I-134 is a tool to help the CO address the public charge concern. Some COs will request it and others won't. COs at certain embassies are more likely than others to request it. What embassy are you going through?

 

They won't deny you purely on the tax returns last year. Current income is what really matters...previous tax returns may be used to get an idea of your current income in some situations (i.e. self-employed, commission-based employment, tips-based income, etc.). If you can show current income to a satisfactory level for the CO to address the public charge concern, then you will be fine. This is typically via paystubs and an employment letter.

 

Co-sponsors can be used at most embassies, but not all (or on a case-by-case basis at others). Or more precisely, the CO makes the decision again. Income and/or assets (5x multipler for a fiance/fiancee) can be used to meet the financial requirements.

 

Anyway, knowing more about your situation is needed. How long have you been employed and making sufficient income? What embassy are you going through? Is the base income borderline?

[Yace 43]

21 minutes ago, geowrian said:

The I-134 is a tool to help the CO address the public charge concern. Some COs will request it and others won't. COs at certain embassies are more likely than others to request it. What embassy are you going through?

 

They won't deny you purely on the tax returns last year. Current income is what really matters...previous tax returns may be used to get an idea of your current income in some situations (i.e. self-employed, commission-based employment, tips-based income, etc.). If you can show current income to a satisfactory level for the CO to address the public charge concern, then you will be fine. This is typically via paystubs and an employment letter.

 

Co-sponsors can be used at most embassies, but not all (or on a case-by-case basis at others). Or more precisely, the CO makes the decision again. Income and/or assets (5x multipler for a fiance/fiancee) can be used to meet the financial requirements.

 

Anyway, knowing more about your situation is needed. How long have you been employed and making sufficient income? What embassy are you going through? Is the base income borderline?

We are going through the US Embassy of Amsterdam. 130% of poverty line without kids is 21,000 or a little lower I think and I work 40+ hours a week at BMW and Porsche with 11 an hour base plus roughly 100-400 dollar monthly commission. Soon to get a raise I believe.

[Yace 43]

44 minutes ago, geowrian said:

The I-134 is a tool to help the CO address the public charge concern. Some COs will request it and others won't. COs at certain embassies are more likely than others to request it. What embassy are you going through?

 

They won't deny you purely on the tax returns last year. Current income is what really matters...previous tax returns may be used to get an idea of your current income in some situations (i.e. self-employed, commission-based employment, tips-based income, etc.). If you can show current income to a satisfactory level for the CO to address the public charge concern, then you will be fine. This is typically via paystubs and an employment letter.

 

Co-sponsors can be used at most embassies, but not all (or on a case-by-case basis at others). Or more precisely, the CO makes the decision again. Income and/or assets (5x multipler for a fiance/fiancee) can be used to meet the financial requirements.

 

Anyway, knowing more about your situation is needed. How long have you been employed and making sufficient income? What embassy are you going through? Is the base income borderline?

I just read that for the K1 they only require 100% of poverity income... I think that means that I am in the clear.. 125% for her greencard

[geowrian 22,337]

30 minutes ago, Yace said:

We are going through the US Embassy of Amsterdam. 130% of poverty line without kids is 21,000 or a little lower I think and I work 40+ hours a week at BMW and Porsche with 11 an hour base plus roughly 100-400 dollar monthly commission. Soon to get a raise I believe.

I'm not too familiar with that embassy personally, so I can't speak to much there and hope somebody else can chime in. It doesn't jump out to me as an embassy known not to take a co-sponsor.

 

Your base income sounds sufficient (it's over 125% of the poverty level for a household of 2) so you should be fine, but again the CO looks at the totality of the circumstances. I would suggest bringing several months of paystubs just in case so they can see stable employment and the consistent 40+ hours and commissions.

 

I think you'll be just fine, personally (not that my opinion matters...just that I personally wouldn't be overly worried in your position). Worst case is they refuse the visa pending sufficient income or a co sponsor (assuming they do take them).

 

9 minutes ago, Yace said:

I just read that for the K1 they only require 100% of poverity income... I think that means that I am in the clear.. 125% for her greencard

There is no hard requirement for the I-134. Many COs go by 100% of the poverty level as baseline, but some like to see at least 125% of it. Again, the I-134 is only a tool the CO uses to address the public charge concern. The I-134 itself has no income requirements (and is not enforceable).

 

The I-864 (for AOS after arriving on the K-1) has more defined requirements: 125% level, joint sponsors permitted, etc. They still look at the totality of the circumstances, though...those are just minimums.

Edited September 20, 2017 by geowrian

[Yace 43]

5 minutes ago, geowrian said:

I'm not too familiar with that embassy personally, so I can't speak to much there and hope somebody else can chime in. It doesn't jump out to me as an embassy known not to take a co-sponsor.

 

Your base income sounds sufficient (it's over 125% of the poverty level for a household of 2) so you should be fine, but again the CO looks at the totality of the circumstances. I would suggest bringing several months of paystubs just in case so they can see stable employment and the consistent 40+ hours and commissions.

 

I think you'll be just fine, personally (not that my opinion matters...just that I personally wouldn't be overly worried in your position). Worst case is they refuse the visa pending sufficient income or a co sponsor (assuming they do take them).

 

There is no hard requirement for the I-134. Many COs go by 100% of the poverty level as baseline, but some like to see at least 125% of it. Again, the I-134 is only a tool the CO uses to address the public charge concern. The I-134 itself has no income requirements (and is not enforceable).

 

The I-864 (for AOS after arriving on the K-1) has more defined requirements: 125% level, joint sponsors permitted, etc. They still look at the totality of the circumstances, though...those are just minimums.

I think they will let her right in at least for the K-1, as I have already made more than 18k this year, as poverty line is 16,240!!! So that should not be a problem!!! However maybe i'll use a co sponsor regardless to be safe! Thanks!