K1 interview / income requirments

[Yace 43]

Hello guys!!! I am writing this post just because I am going through what seems to be the worst anxiety of my entire life. It has been almost 8 months since we filed for our K1. I am the American and her interview is 11-21-17 (6 days away) and I can't sleep at night I sometimes feel extremely sick to my stomach in fear that they will deny my Love's K1. Here's my financial situation: I was a student last year, and only worked a part time job making 10k and that was my tax return. However, I earned my degree and got a full time job at BMW and Porsche on February 6th 2017, with $11 an hour base pay 40 hours a week min and a lot of bonuses and commissions on top of that. I got a letter from the HR department and they addressed it to the embassy and said I am a full time permanent employee and make a projected $30,000 salary. My last three paystubs only show $18,600 to date gross pay 14.5k net since my hire date. So that would be like 22.3k more realistically from what they will see, because something messed up and I get 4 months worth of bonus checks next month. These checks were all my base pay. Bi-weekly roughly $900 net gross check. 690-720 net. So they don't see my bonus checks. I have 6.5k in my bank account and have no trouble living with what I make. However I am deathly afraid that they will look at it and look at my last years tax return and say no kid. Someone pleaaaassseeee please please encourage me so I can sleep these coming nights.. I literally cannot imagine what would would happen if they said no   I just want sleep and peace of mind. A lot of people said theres no reason to worry and they I am better off than a lot of people who have gotten accepted but I don't feel that way. Here is everything I sent her to take to her interview:

 

3 Recent pay stubs averaging $900 gross $695-710 net bi weekly

Form I-134 with my combined accounts at$ 6.5k dollars

Bank account opening date and most recent statement from last month.

PDF Showing that I have deposited 18.3k net in my account within 365 days betweed 10/31/16-17

My last years 10,000 dollar tax return

A signed letter explaining I was in college and that I make a projected 30k now

A copy of the degree I earned at my school for proof

A signed letter from my HR department stating I make a 11/h base pay as well as bonuses and commissions and that I make a projected 30,000 per year

A new letter of intent to marry my fiancé within 90 days of entering

A copy of our I-129F

A copy of NOA2

A copy of my passport bio page

 

 

Please help guys I hate reading the horror stories on this website I would love to be at ease in my heart for this next week with hope. Please pray for us!!

 

 

[GreatDane 366]

What country is she from, how long have you been together, and how many times have you met in person?

[Yace 43]

6 minutes ago, GreatDane said:

What country is she from, how long have you been together, and how many times have you met in person?

The Netherlands, We have been together in person for 7 months in total, 3 months last year 4 months this year, I also flew to her country and visited her family for two weeks with her.

Edited November 15, 2017 by Yace

[Yace 43]

5 minutes ago, GreatDane said:

What country is she from, how long have you been together, and how many times have you met in person?

I am only concered for my income. Everything else is a breeze, shes bringing photos of us together and everything

Edited November 15, 2017 by Yace

[eastcoastgroove 329]

I would just make sure your fiancée gives them your paystubs and letter from employer, even if they don't ask for it at first, and explain why. For my interview (in Canada) they only asked for my now- husband's tax form, they didn't care about the rest.  I'm not sure if they check right on the spot if it meets the requirement, or if they look at everything after the interview (that's why I would make sure they have the other info incase they look at it after, since in your case the tax return from last year doesn't meet the requirements).  I have seen from others posting in the past, that they are more concerned with what you make currently, so you should be good!!

[Yace 43]

2 minutes ago, eastcoastgroove said:

I would just make sure your fiancée gives them your paystubs and letter from employer, even if they don't ask for it at first, and explain why. For my interview (in Canada) they only asked for my now- husband's tax form, they didn't care about the rest.  I'm not sure if they check right on the spot if it meets the requirement, or if they look at everything after the interview (that's why I would make sure they have the other info incase they look at it after, since in your case the tax return from last year doesn't meet the requirements).  I have seen from others posting in the past, that they are more concerned with what you make currently, so you should be good!!

All the things I listed in my post, she will give them in a packet. I don't have a tax return yet because I haven't been at my job a whole year yet. But they have good evidence that I make well over 16.4k because the K1 requirement is that you need to make more than 100% poverty. 125% is only for AOS but I also make more than 125%

[kris&me 572]

Income is iffy

you may be asked for cosponsor

you wrote your own letter of proposed income / should have been letter from  employer

college degree and $11 an hour ?

sorry but it is 125% for the interview and visa

Edited November 15, 2017 by kris&me

[GreatDane 366]

You make enough annualized to pass this step of the process, but not necessarily enough to pass the additional income level requirement for AOS ($20,300). Your current net annualized puts you around 17,400-18460, depending on whether I used your current net in pay checks or the highest value of them ($710 bi-weekly, no time off). It might raise some questions with the officer. I would definitely recommend a co-sponsor given your situation, if that is an option.

Edited November 15, 2017 by GreatDane

[Yace 43]

Just now, kris&me said:

Income is iffy

you may be asked for cosponsor

you wrote your own letter of proposed income / should have been letter from  employer

college degree and $11 an hour ?

It is a letter directly from my employer lol. How in the world is the income iffy? Tell me?

Just now, GreatDane said:

You make enough annualized to pass this step of the process, but not necessarily enough to pass the additional income level requirement for AOS ($20,300). Your current net annualized puts you around 17,400-18460, depending on whether I used your current net in pay checks or the highest value of them ($710 bi-weekly, no time off). It might raise some questions with the officer. I would definitely recommend a co-sponsor given your situation, if that is an option.

The income requirements are all gross pay

[audacieux89 256]

Don't worry...if they will have a problem with your finances, they will not deny or reject the application outright. THey might request for a joint sponsor...and give your fiance a 221g form to follow-up with the requested additional info.

[Yace 43]

4 minutes ago, GreatDane said:

You make enough annualized to pass this step of the process, but not necessarily enough to pass the additional income level requirement for AOS ($20,300). Your current net annualized puts you around 17,400-18460, depending on whether I used your current net in pay checks or the highest value of them ($710 bi-weekly, no time off). It might raise some questions with the officer. I would definitely recommend a co-sponsor given your situation, if that is an option.

My year to date pay is how much I have been payed SINCE febuary. It has not been a year yet, I still have almost 4 months to go before it is a whole year of pay... did you read that?

[Yace 43]

12 minutes ago, kris&me said:

Income is iffy

you may be asked for cosponsor

you wrote your own letter of proposed income / should have been letter from  employer

college degree and $11 an hour ?

sorry but it is 125% for the interview and visa

Letter is written by the HR Department from my job stating a 30k salary (My employer - they are the ones who pay me and they wrote and signed the letter) and I make 400+ a month in bonuses so like 2400 a month. And it is written VERY clearly in the info page of the embassy, the I-134 does not have the 125% requirement, for the K1 visa there is a 100% poverty income requirement and you must submit proof

[GreatDane 366]

1 minute ago, Yace said:

My year to date pay is how much I have been payed SINCE febuary. It has not been a year yet, I still have almost 4 months to go before it is a whole year of pay... did you read that?

Yes - but they're not concerned about that. They focus on annual earnings meeting a benchmark. That's all. During the past 12 months, by your own account you've deposited $18,000 into your account (hopefully not including gifts). All the offer cares is that you exceed the requirement, not by how much. You should be okay.

[Yace 43]

2 minutes ago, GreatDane said:

Yes - but they're not concerned about that. They focus on annual earnings meeting a benchmark. That's all. During the past 12 months, by your own account you've deposited $18,000 into your account (hopefully not including gifts). All the offer cares is that you exceed the requirement, not by how much. You should be okay.

They are not idiots they can do math I would assume. You said they are more concerned with what I make NOW, not over last year? And they will see a degree which many americans do not have, which means I can also get jobs easy? I wanted encouragement not pessimistic comments  haha I just want to marry her before Christmas

[geowrian 22,337]

Just to clarify a few points...

1. The I-134 is only a tool to help the CO assess the visa applicant's risk of becoming a public charge. While the 100% of the poverty level is typically the minimum they go by, they look at the totality of the circumstances.
2. The I-864 for AOS will have a 125% minimum level. Again, they look at the totality of the circumstances.
3. For income, they care about current income. However, establishing your current income level is usually the question. That's why the paystubs plus an employment letter come in handy. Some COs like to see a tax return as well for the I-134 (especially for non-wage earnings like bonuses/commissions/tips since they are not consistent paycheck to paycheck).
   1. In this particular case, I'm uncertain they will count the commissions and bonuses as they have not been established long enough for a baseline. But the base pay is likely sufficient, IMO, for the K-1 visa. For AOS, you may have filed for 2017 taxes by then and that would show the additional income being included.

 

1 minute ago, Yace said:

And they will see a degree which many americans do not have, which means I can also get jobs easy? I wanted encouragement not pessimistic comments

Many Americans do have a degree. A degree is not a guarantee of a job by any means.

Future employability may be part of the consideration for the public charge concern, but has no bearing on current income.

Sorry...this is a public forum so be ready for all of the following: optimistic, pessimistic, and realistic responses. And some wise cracks occasionally...