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LyndseyRae

Starting a K-1 Fiance Visa Petition

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So I've just started to fill out my K-1 Visa for my Fiance.

 

A little background:

 

I arrived here in the US back in 2010 with a IR-1 Visa and I am a USC now. Since then I have never had a job for a couple reason, 1st being I did not bother to look for one 2nd, I'm a babysitter for my younger brother (my mother is a registered nurse)

so I never had a real job for 7 years. I started to work as an Independent Contractor for Amazon called Amazon Flex. It's a delivery program that uses your own car to deliver packages to customers much like Uber. I can choose whether to deliver or not an I can pic a schedule. I started on September 2017 and still currently delivering. So my concern is, I don't have any tax return yet..

 

so my plan is to use my mother as a co sponsor because there is no way I can file my own since I don't have a tax return. What are the steps do I need to follow? will it hurt my application?

I have a question regarding on what to put on my "Employment History" on I-192F becuase I am an Independent Contractor/Self employed.

 

Any help, tips will be greatly appreciated! Thank you!

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57 minutes ago, LyndseyRae said:

So I've just started to fill out my K-1 Visa for my Fiance.

 

A little background:

 

I arrived here in the US back in 2010 with a IR-1 Visa and I am a USC now. Since then I have never had a job for a couple reason, 1st being I did not bother to look for one 2nd, I'm a babysitter for my younger brother (my mother is a registered nurse)

so I never had a real job for 7 years. I started to work as an Independent Contractor for Amazon called Amazon Flex. It's a delivery program that uses your own car to deliver packages to customers much like Uber. I can choose whether to deliver or not an I can pic a schedule. I started on September 2017 and still currently delivering. So my concern is, I don't have any tax return yet..

 

so my plan is to use my mother as a co sponsor because there is no way I can file my own since I don't have a tax return. What are the steps do I need to follow? will it hurt my application?

I have a question regarding on what to put on my "Employment History" on I-192F becuase I am an Independent Contractor/Self employed.

 

Any help, tips will be greatly appreciated! Thank you!

In the i-864 and i-864ez instructions (on the actual form)it states "If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it." As you had no income previously, you didn't have to submit tax returns and will need a statement saying why you haven't filed taxes.

 

Your mom can be your co-sponsor but she will need to meet the minimum income requirements for the household, including your fiance.

 

Also, you might want to look into your tax status - self-employed persons, depending on their activities, have to pay income taxes quarterly or they are fined. Make sure you're taking money from each paycheck and set it aside for those purposes. As self-employed or contracted, you will be responsible for the additional tax burden - normally the company splits the burden with you. 

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13 minutes ago, GreatDane said:

 

 

Your mom can be your co-sponsor but she will need to meet the minimum income requirements for the household, including your fiance.

 

Thanks for the response!

I see.. my mother earned $70k last year, now she has 2 jobs and makes around $100k but we're 5 in the household including me. So my fiance doesn't need any income right?

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9 minutes ago, LyndseyRae said:

Thanks for the response!

I see.. my mother earned $70k last year, now she has 2 jobs and makes around $100k but we're 5 in the household including me. So my fiance doesn't need any income right?

Where is your fiancé from? Some embassies allow K-1s to self-sponsor. The I-864 comes into play much later on (at the AOS stage) by which time you will have filed a tax return as you will not be doing AOS before April 17, 2018

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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7 minutes ago, LyndseyRae said:

Thanks for the response!

I see.. my mother earned $70k last year, now she has 2 jobs and makes around $100k but we're 5 in the household including me. So my fiance doesn't need any income right?

No - assuming you are the US Citizen, your fiance's income won't matter. As they will be transitioning countries, the I864 is meant to show that someone can financially provide for them if they aren't able to do so for themselves. You will still need to file the I864 as a co-sponsor with your mom. Your mother's income will be sufficient to meet USCIS's expectations.

 

Back when I applied, I wasn't earning much and had my brother-in-law co-sign with me. As he/she will be coming to live with you, they won't be able to work for 4+ months. For us, it was really helpful that I found something career-wise to give ourselves some startup money together. 

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Filed: Citizen (apr) Country: Argentina
Timeline

Some embassies do not allow co-sponsors and, a few others, allow the beneficiary to sponsor themselves (as JFH pointed out).

 

As a suggestion,  evaluate the cost of the entire process, including Adjusting Status after you have married. Both processes are very expensive.

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  • 2 weeks later...
On 10/30/2017 at 6:36 AM, C-ma'am said:

Some embassies do not allow co-sponsors and, a few others, allow the beneficiary to sponsor themselves (as JFH pointed out).

 

As a suggestion,  evaluate the cost of the entire process, including Adjusting Status after you have married. Both processes are very expensive.

I’ve read through forums that the Manila Embassy does not allow co/joint sponsor?? wow that is kinda stressful. My mother comfortably earns more than $100k a year. My Fiance has a bachelor’s degree too. Are the CO in US Embassy Manila leniet to that?

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Filed: Citizen (apr) Country: Argentina
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2 hours ago, LyndseyRae said:

I’ve read through forums that the Manila Embassy does not allow co/joint sponsor?? wow that is kinda stressful. My mother comfortably earns more than $100k a year. My Fiance has a bachelor’s degree too. Are the CO in US Embassy Manila leniet to that?

 

I moved your post to the Philippines forum for specific assistance from other folks who know the details of what's accepted and what isn't at the Manila embassy

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For a household of 6, for AOS, your sponsor will need to make a minimum of $41,200.  The Manila Embassy will follow the guidelines set up by the Federal Government but they still can make their own decision based on the information provided.  For the K-1 it is a minimum of $36,960.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: Other Country: Philippines
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On 10/29/2017 at 9:29 PM, LyndseyRae said:

So I've just started to fill out my K-1 Visa for my Fiance.

 

A little background:

 

I arrived here in the US back in 2010 with a IR-1 Visa and I am a USC now. Since then I have never had a job for a couple reason, 1st being I did not bother to look for one 2nd, I'm a babysitter for my younger brother (my mother is a registered nurse)

so I never had a real job for 7 years. I started to work as an Independent Contractor for Amazon called Amazon Flex. It's a delivery program that uses your own car to deliver packages to customers much like Uber. I can choose whether to deliver or not an I can pic a schedule. I started on September 2017 and still currently delivering. So my concern is, I don't have any tax return yet..

 

so my plan is to use my mother as a co sponsor because there is no way I can file my own since I don't have a tax return. What are the steps do I need to follow? will it hurt my application?

I have a question regarding on what to put on my "Employment History" on I-192F becuase I am an Independent Contractor/Self employed.

 

Any help, tips will be greatly appreciated! Thank you!

As for employment history.. be honest and factual.


Additional Information at VisaConnection_petition process

 

On 10/29/2017 at 10:46 PM, LyndseyRae said:

Thanks for the response!

I see.. my mother earned $70k last year, now she has 2 jobs and makes around $100k but we're 5 in the household including me. So my fiance doesn't need any income right?

5 in the household.. are they all claimed as dependents on your mom's tax return?  If no, they are not included in the count.     Poverty Guidelines

 

2 hours ago, LyndseyRae said:

I’ve read through forums that the Manila Embassy does not allow co/joint sponsor?? wow that is kinda stressful. My mother comfortably earns more than $100k a year. My Fiance has a bachelor’s degree too. Are the CO in US Embassy Manila leniet to that?

USEM does accept co-sponsors with the K-1, but it is a case by case decision (much accept a qualified co-sponsor with the immigrant visa).  One thing the embassy does look for is the co-sponsor with the K-1 be an immediate relative, your mom is a perfect choice in that regard.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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8 hours ago, Hank_ said:

As for employment history.. be honest and factual.


Additional Information at VisaConnection_petition process

 

5 in the household.. are they all claimed as dependents on your mom's tax return?  If no, they are not included in the count.     Poverty Guidelines

 

USEM does accept co-sponsors with the K-1, but it is a case by case decision (much accept a qualified co-sponsor with the immigrant visa).  One thing the embassy does look for is the co-sponsor with the K-1 be an immediate relative, your mom is a perfect choice in that regard.

Yes we’re all dependents. Myself, my brother and grandparents plus my Fiancé would be 6 in total including my mother.

 

I might not making much, probably just a grand a month at best, I only work 15 hours a week, I can’t work a full time job because I’m the only person that can take my brother to school and look after my grandparents while my mom is out working. Should I make a written explanation for that so my fiancé can present it to the Consul?

 

I’ve heard that the USEM favors students? plus my mom is my co sponsor. Do we have greater chance of getting approved? I’m going to school next year around August if lucky, I want my fiance to be with me before that.

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Filed: Other Country: Philippines
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7 hours ago, LyndseyRae said:

Yes we’re all dependents. Myself, my brother and grandparents plus my Fiancé would be 6 in total including my mother.

 

I might not making much, probably just a grand a month at best, I only work 15 hours a week, I can’t work a full time job because I’m the only person that can take my brother to school and look after my grandparents while my mom is out working. Should I make a written explanation for that so my fiancé can present it to the Consul?

 

I’ve heard that the USEM favors students? plus my mom is my co sponsor. Do we have greater chance of getting approved? I’m going to school next year around August if lucky, I want my fiance to be with me before that.

Not sure a letter from you would be of value regarding why you are not working.   All things considered it may do the opposite...  just my opinion.

 

Never heard of USEM favoring students.  I do know of a fair number that were either in college or just out of college using a parent as a co-sponsor and had no issues, but the main factor there was "who" was the co-sponsor.

 

None of this evidence is needed until your petition reaches USEM in the Philippines.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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