K1 Fiance Visa Fiancial & Employment Questions

[BlueEyedIndian 0]

Hello All,

I am looking for a little guidance and reassurance here, and I am hoping that someone can do so based on personal experiences or knowledge about the Fiance Visa.

 

We filed for our Fiance Visa the end of October 2017 (NOA1 received, waiting for NOA2). I am the US Citizen, my fiance is from India. I was unemployed last year (no taxes filed) and currently am unemployed as well this year so far. I DO have a co-sponsor, by best friend and she makes well over the required amount ($40,000+ yearly). I stay home and take care of my child that is in middle school and involved in many activities, my ex-husband and I mutually agreed I would do so for our child. I receive a good amount in child support and have zero debt. 

My question is this - is it necessary for me to have a job for the fiance visa to be approved? I was under the impression it wasn't required, BUT have since read a few links that have made me doubt things, so really wanted clarification on that fact.

I CAN get a job, we were waiting to see about the fiance visa, as we had hoped to go abroad over summer (when school is out) and spend time with my Fiance's family before he comes here and cannot travel for a few months (as his parents are older and not able to travel here). I was waiting to jump out and get a job because I didn't want to be tied to it and not able to travel abroad for a couple months over summer (if we get the visa approval in time) before he comes here for us to marry AND I thought once he reached here I could then get a job and work accordingly. I am educated and had a decent job in the past. 

I do have a decent amount of savings, and retirement accounts I can access if needed. (Not rich, but have always been a saver not a spender so to speak - and good with my money choices.) I also have the funds set aside for the needed AOS and required fees once my fiance reaches USA and we marry. I do plan to work once he reaches here and we marry, as I know he cannot do so right away.

I just really need clarification on whether its necessary or required for me to be employed during the process? I definitely do not want to have gone this far to miss out on something that I could easily fix. If that makes sense? 

Thanks in advance - feel free to ask if I left out something that would be important in deciding this.

God bless,

BlueEyedIndian

[clairegie 265]

It depends. Some consulates are very strict with co-sponsors, some don't accept them at all. Where is your fiance from?

[BlueEyedIndian 0]

9 hours ago, iammrsregie said:

It depends. Some consulates are very strict with co-sponsors, some don't accept them at all. Where is your fiance from?

My fiance is from India. 

[geowrian 22,337]

AFAIK, India isn't picky on using co-sponsors, but are strict on the public charge concern.

[BlueEyedIndian 0]

1 minute ago, geowrian said:

AFAIK, India isn't picky on using co-sponsors, but are strict on the public charge concern.

So would that mean its fine that I'm not currently employed? Or something different? I'm not in any government assistance, nor would be be. 

[geowrian 22,337]

16 minutes ago, BlueEyedIndian said:

So would that mean its fine that I'm not currently employed? Or something different? I'm not in any government assistance, nor would be be. 

With a good co sponsor, I think you would be fine. If there's something more familiar with India willing to speak up and disagree, I wouldn't be opposed to it...but I don't recall co sponsorship being an issue there.

[BlueEyedIndian 0]

Just now, geowrian said:

With a good co sponsor, I think you would be fine. If there's something more familiar with India willing to speak up and disagree, I wouldn't be opposed to it...but I don't recall co sponsorship being an issue there.

Thank you Geowrian, I appreciate your reply.  I *think* we'll be ok... But always nice to have reassurance on things like this.  Especially when the wait time is sooo long. 

[BlueEyedIndian 0]

Anyone else have any thoughts or suggestions on this? 

Thanks in advance. 

[BlueEyedIndian 0]

@pushbrk After reading several posts you have chimed in on with great info, would you care to read my original post and give your thoughts? We are getting quite close to needing the 134 and my nerves are a bit frazzled at the thought of this not working out as we had previously hoped...

I guess the only thing I could add at this point would be, is it too late for me to jump out and get a job if the above is not sufficient? I DO plan on working once my fiance comes and is able to care for my child before/after school and activities and such (at least until he is able to work, then we can re-evaluate everything).

We are still waiting for our NOA2 (220+ days currently) - my fiance is indian, but will be interviewing in UAE (not sure if that info is helpful or not?) 

Thanks in advance - appreciate your knowledge.

Edited June 6, 2018 by BlueEyedIndian

[pushbrk 12,908]

4 hours ago, BlueEyedIndian said:

@pushbrk After reading several posts you have chimed in on with great info, would you care to read my original post and give your thoughts? We are getting quite close to needing the 134 and my nerves are a bit frazzled at the thought of this not working out as we had previously hoped...

I guess the only thing I could add at this point would be, is it too late for me to jump out and get a job if the above is not sufficient? I DO plan on working once my fiance comes and is able to care for my child before/after school and activities and such (at least until he is able to work, then we can re-evaluate everything).

We are still waiting for our NOA2 (220+ days currently) - my fiance is indian, but will be interviewing in UAE (not sure if that info is helpful or not?) 

Thanks in advance - appreciate your knowledge.

You'll need to meet the requirements you will find in the I-864p, in terms of income or show and document at least three times the income requirement in savings.  If you cannot do one or the other, then you'll need a qualified additional sponsor.  There is no guarantee that a new job of a few months will be sufficient to satisfy the Consular Officer.  They make a judgment call on a case by case basis.  If you have a new job and substantial savings as well, that looks a lot better.

[BlueEyedIndian 0]

On 6/6/2018 at 5:58 AM, pushbrk said:

You'll need to meet the requirements you will find in the I-864p, in terms of income or show and document at least three times the income requirement in savings.  If you cannot do one or the other, then you'll need a qualified additional sponsor.  There is no guarantee that a new job of a few months will be sufficient to satisfy the Consular Officer.  They make a judgment call on a case by case basis.  If you have a new job and substantial savings as well, that looks a lot better.

@pushbrk Ok.  Thank you so much! 

 

Would 401k/IRA count towards savings? I have just over $215,000 in there, with about $30,000 of that as a Roth account (so no tax penalty if I withdraw). Would that be enough for me to be the sole sponsor? Or still better with a co-sponsor? (Household would be myself, 1 child + fiance.)

 

Also, I include child support in the 134 too, right? As its household income - just not taxable. Its directly deposited into my bank account each month, and court ordered - so if I highlight and show that on several bank statements, is that enough evidence for child support? Along with the court order copy?

 

Based on the above info, would you say its ok that I wait until fiance is here (God willing) to go back to work? Or it would look better to start a new job now?

 

Thanks again! Appreciate your help so much!

[pushbrk 12,908]

Sounds like you have it covered.  Just document the child support and liquid assets.  Include the court order for child support as well as evidence of receiving it.  As for when to go to work, that's a personal decision.  You have the sponsorship covered.  No need for any additional sponsor unless your fiance is coming from India.  There, they want to see three years of qualifying tax returns.

[BlueEyedIndian 0]

@pushbrk My fiance is originally from India. But has residence in UAE for the past 5 years.  Is that the same as "coming from India"? Or you mean only if he were interviewing there? And not UAE? Thanks again! You've been a huge help!

[pushbrk 12,908]

10 hours ago, BlueEyedIndian said:

@pushbrk My fiance is originally from India. But has residence in UAE for the past 5 years.  Is that the same as "coming from India"? Or you mean only if he were interviewing there? And not UAE? Thanks again! You've been a huge help!

Interviewing.

[doggieandsam 765]

11 hours ago, BlueEyedIndian said:

@pushbrk My fiance is originally from India. But has residence in UAE for the past 5 years.  Is that the same as "coming from India"? Or you mean only if he were interviewing there? And not UAE? Thanks again! You've been a huge help!

I interviewed in the Abu Dhabi for the K1 visa so I can answer this for you. I am Filipino but was a resident of the UAE for a decade prior to moving here. The US embassy in Abu Dhabi will require the I-134 (you have the co-sponsor questions already answered above). I was also required to submit the latest tax transcript as a minimum (I submitted the last 3 years). I don't recall you mentioning if you have filed taxes in the last 3 years. If you haven't filed taxes then you may want to research what you can submit in lieu of that.

 

for your info, here is the exact wording from the Abu Dhabi embassy re evidence of support documents required to be brought to the interview:

 

EVIDENCE OF SUPPORT: Evidence which will show that you are not likely to become public charge in the United States.  An affidavit of support From I-134 should be completed by the petitioner and submitted with all supporting documents - current salary letter, current bank statement and 1040 tax form for the most recent year.  A joint sponsor would also be required if the petitioner is unemployed. Originals, not photocopies, of these documents must be brought.

http://www.uscis.gov/files/form/i-134.pdf