Does receiving welfare in the past for either of us affect K-1 Visa eligibility?

[KDXD 0]

1 minute ago, CEE53147 said:

How can you afford to travel to meet or marry him?

He works full-time as a front end web developer and has paid for all travel expenses, but just got laid off due to downsizing of the company (He has 2 weeks left) 

I've been studying and will start a new job soon. 

[CEE53147 559]

Be sure to remember the 2 year meeting rule for K-1.  Have him start a "Immigration Fund" for expenses as soon as he gets a new job.

 

Since the 125% is really inadequate to support a family - especially one with a teenager who likely consumes food at an incredible rate, the spouse route which allows earlier employment is the option you really should consider.  Check out the expected timelines if you want to get married at the last minute.

 

I applaud you for your planning ahead!

[aLinder 0]

Just a thought for you to consider, I am unaware of what the K1 requires when verifying income, but for the CR1, it lists on the financial paperwork where it asks for the sponsor's income, for all other accounts, such as 401k, TSP, bonds, etc etc. I found this out after filling mine out for my husband's CR1 visa and now I shouldn't need a co-sponsor due to the fact that I have approx. $30k in my 2 previous retirement savings accounts (because these can each be cashed out if needed, with a tax penalty). 

Just a thought for you in the income area. Maybe you can afford to do the spouse visa, once you start your pharm tech job and have an income to go along with the other assets. Also, you can use your 2nd car if you have one(I'm assuming you don't). Lastly, your co-sponsor could also be someone from a religious org or support group that you belong to, doesn't have to be a family member or even close friend(just putting that out there for you).

 

Good luck!

[KDXD 0]

1 hour ago, CEE53147 said:

Be sure to remember the 2 year meeting rule for K-1.  Have him start a "Immigration Fund" for expenses as soon as he gets a new job.

 

Since the 125% is really inadequate to support a family - especially one with a teenager who likely consumes food at an incredible rate, the spouse route which allows earlier employment is the option you really should consider.  Check out the expected timelines if you want to get married at the last minute.

 

I applaud you for your planning ahead!

Good thoughts, thank you. 

 

35 minutes ago, aLinder said:

Just a thought for you to consider, I am unaware of what the K1 requires when verifying income, but for the CR1, it lists on the financial paperwork where it asks for the sponsor's income, for all other accounts, such as 401k, TSP, bonds, etc etc. I found this out after filling mine out for my husband's CR1 visa and now I shouldn't need a co-sponsor due to the fact that I have approx. $30k in my 2 previous retirement savings accounts (because these can each be cashed out if needed, with a tax penalty). 

Just a thought for you in the income area. Maybe you can afford to do the spouse visa, once you start your pharm tech job and have an income to go along with the other assets. Also, you can use your 2nd car if you have one(I'm assuming you don't). Lastly, your co-sponsor could also be someone from a religious org or support group that you belong to, doesn't have to be a family member or even close friend(just putting that out there for you).

 

Good luck!

I get $1,056 anually ($88/month) in child support. Is child support considered an income? I wouldn't think so, since it's for the children but I guess I don't know the answer. That's about it. 

 

I have no vehicle what so ever . I live in a town with a population of 15,000. Everythings close to me but if I go to things like the university I take the city bus, etc. 

[aLinder 0]

1 hour ago, KDXD said:

 

 

I get $1,056 anually ($88/month) in child support. Is child support considered an income? I wouldn't think so, since it's for the children but I guess I don't know the answer. That's about it. 

 

I have no vehicle what so ever . I live in a town with a population of 15,000. Everythings close to me but if I go to things like the university I take the city bus, etc. 

 

KDXD, When I applied for nutrition and healthcare assistance a few weeks ago, they asked if I am receiving child support (the gentleman at DES said that it's considered income due to the child's costs would have to come out of your own income if you didn't receive child support). So in answer, it should be counted, and add that to your pharmacy tech job, you should be fine. See if you can start a 401k or some sort of retirement savings as well, not only a smart move for you and your family later in life but as you build your savings, most companies match your before tax contributions. You should be fine if you add your child support from your ex to the new income. I saw that if you don't meet income for the spouse visa, but you have a new job, you can have your employer type up a memo with the agreed upon salary, etc. Also, did you receive FAFSA or Pell grants? Those are also considered income. Trying to think of what other things count as income....

 

 

[geowrian 22,337]

2 hours ago, aLinder said:

now I shouldn't need a co-sponsor due to the fact that I have approx. $30k in my 2 previous retirement savings accounts (because these can each be cashed out if needed, with a tax penalty). 

Just as a note, those are assets, not income. Assets for a spouse must be at least 3x the required income level. The CO will consider the net cash value of the asset (meaning post-income-tax, post-penalties, if any).

 

2 hours ago, KDXD said:

I get $1,056 anually ($88/month) in child support. Is child support considered an income? I wouldn't think so, since it's for the children but I guess I don't know the answer. That's about it.

Child support is considered income. The challenge is showing that it is being received. If you can do so, then the CO should consider it.

 

15 minutes ago, aLinder said:

Also, did you receive FAFSA or Pell grants? Those are also considered income.

They are not income that would be considered for an I-134 or I-864. These are one-off payments that may or may not be granted the following year. it may or may not need to be reported on taxes or even be taxable (it's been forever since I needed to touch them!), but that does not make them part of one's current income.

[aLinder 0]

16 minutes ago, geowrian said:

Just as a note, those are assets, not income. Assets for a spouse must be at least 3x the required income level. The CO will consider the net cash value of the asset (meaning post-income-tax, post-penalties, if any).

---That's right, I keep forgetting that detail!

 

Child support is considered income. The challenge is showing that it is being received. If you can do so, then the CO should consider it.

---If the child support is being garnished through the father's paycheck and/or court ordered, and received in her checking account, or in the form of a check, she should be able to provide proof of income that way I do believe.

 

16 minutes ago, geowrian said:

They are not income that would be considered for an I-134 or I-864. These are one-off payments that may or may not be granted the following year. it may or may not need to be reported on taxes or even be taxable (it's been forever since I needed to touch them!), but that does not make them part of one's current income.

---I just applied for assistance and they said that not only is it considered income, because it is designed to reduce your tuition payments due to your low income, and it's also required to be reported on your taxes each year (I noticed that 2017 tax refund was less because I received $6k from FAFSA) they reduce your income on your taxes...and if she shows proof that she was enrolled in the past 3 years at school for pharmacy tech, then started working there, by next year her income should stabilize with the pharmacy tech job and child support---if she's not receiving current money for school, she can at least show proof in the past that she received that to attend school. I would think that any documents that she could provide that shows she is progressing towards full time work and reducing the need for assistance would be a positive thing, especially because they are trying to plan ahead and file either a fiance or spouse visa in the next few years.

 

[geowrian 22,337]

9 minutes ago, aLinder said:

---If the child support is being garnished through the father's paycheck and/or court ordered, and received in her checking account, or in the form of a check, she should be able to provide proof of income that way I do believe.

Yes, the order to do so - in conjunction with the other evidence of actually receiving it - should suffice just fine.

 

10 minutes ago, aLinder said:

---I just applied for assistance and they said that not only is it considered income, because it is designed to reduce your tuition payments due to your low income, and it's also required to be reported on your taxes each year (I noticed that 2017 tax refund was less because I received $6k from FAFSA) they reduce your income on your taxes...and if she shows proof that she was enrolled in the past 3 years at school for pharmacy tech, then started working there, by next year her income should stabilize with the pharmacy tech job and child support---if she's not receiving current money for school, she can at least show proof in the past that she received that to attend school. I would think that any documents that she could provide that shows she is progressing towards full time work and reducing the need for assistance would be a positive thing, especially because they are trying to plan ahead and file either a fiance or spouse visa in the next few years.

I'm not doubting the IRS or other government agencies count it as income. But for the purposes of the public charge issue that a CO or IO considers, it's not income.

 

For instance, if I was awarded a contract worth $50,000 in the first 6 months of a year, then transitioned to a $25/hour job for the remaining 6 months of the year, my current income is still the $25 rate. Both my taxes and applications for other aid would/may consider the $50,000 earned in that year. Immigration would would only consider the current income (not the $50k).*

*It's different if the contract was for self-employment, in which Schedule C on the tax returns for that tax year would permit using the net income from that self-employment ($50k - expenses). But school grants would not fall into this category.

[Esme2504 48]

I've been on food stamps in the past when I lost my job and I applied for a K1. I think what matters is your current situation when you apply and are currently waiting to be approved. I went on maternity leave after I got my noa2, went on disability, food stamps and WIC and I was good to go.  I was a bit worried at first but it did not stop my fiance's visa.  I also have good income now! & have made decent money in the last 2 years.  I sent my paystubs, last 2 years of taxes and employer letter.