Question about financial income of US petitioner

[cedrichadjian 7]

Hi guys,

My (US citizen) fiancé earns about $21,600 before tax ($19,200 after tax), he started working around September 2017. 

So, my question is, is he eligible to apply for I-129F around June 2018? Or he should wait until September to apply (1 year)? Or he's still not eligible since income requirement requests for the past 3 years?

Also, as a side question, I have a lot of other questions to ask, should I post them all at once? This is my 1st post.

Thank you!

Edited May 18, 2018 by cedrichadjian
edited the tags

[geowrian 22,337]

Welcome!

 

What embassy/consulate will you be going through? Some are more or less strict than others. The income requirement is only for current income, not the past 3 years. The challenge can be in showing your current income and having that convince the CO that you will not become a public charge, but for a normal employee of a company, several pay stubs plus an employment letter will usually suffice. Providing at least the most recent year's tax return is usually requested as well (and is required for AOS later).

 

He can file the I-129F at any time. The I-134 + supporting documentation of income/assets won't be needed until the embassy interview. There is currently roughly a 6-8 month delay between filing the I-129F and having it approved. Then about a month to go through NVC and get to the embassy. Then 1-3 months for the embassy to get an appointment (varies heavily by embassy). All in all, the I-134 isn't needed until about 8-12 months after filing the I-129F. And that's without issues in your case and no delays on your part.

 

I'd suggest posting all the questions you have at one time, then any others as they pop up. It's generally easier for people to respond to questions when all the relevant information is already in the thread. At least that's my take.

[cedrichadjian 7]

First of all, thank you for your reply!

I will be going to the US embassy in Lebanon (I'm a Lebanese citizen).

Also, you're saying that he can file the I-129F at any time even though he doesn't meet the income requirements?

Edited May 19, 2018 by cedrichadjian

[geowrian 22,337]

15 minutes ago, cedrichadjian said:

I will be going to the US embassy in Lebanon (I'm a Lebanese citizen).

Also, you're saying that he can file the I-129F at any time even though he doesn't meet the income requirements?

I'm not personally familiar with the embassy, so I'll defer to anybody on what they look for for financial requirements. But it doesn't jump out to me as one known for being overly strict or lenient.

Yes. The I-134 (the document showing his income/assets to sponsor you) is not filed with the I-129F. It will be provided at the embassy stage.

 

Unless I misread something, it sounds like he does meet the income requirements (assuming he is an employee for a company...not self-employed or using investment income or something). He started working in Sept. 2017 and claimed $21,600 on his 2017 taxes, right? So I'm assuming he makes roughly ~$5,400/month, which is ~$65,000/year. That would be his current income. The $21,600 would be his past income (which is actually ~$4k or ~5k over the minimum for the K-1 visa anyway).

 

If he is an independent contractor, self-employed, etc., then the AGI on the income taxes would be his current income instead. That's much more borderline, and having a co sponsor ready would be wise.

 

Edit: Or did I misread that and he makes $21,600 now. That should still be enough for the K-1 visa, but I would suggest either increasing his income (second job?), using assets alongside income if he has them, or having a co sponsor ready.

Edited May 19, 2018 by geowrian

[cedrichadjian 7]

He makes around $1,600/month(with taxes taken out), I really have no idea how taxation works in the US so I guess you misunderstood me.

I believe he has his grandfather who would be willing to sponsor him. His mother has retired.

Also, the chart for poverty guideline states that if there are 4 household members, the minimum income should be $25,100. He lives with his mother, grandfather and sister, 4 household members. So does he have to show them minimum $25,100?

[boggsjd 27]

8 minutes ago, cedrichadjian said:

He makes around $1,600/month(with taxes taken out), I really have no idea how taxation works in the US so I guess you misunderstood me.

I believe he has his grandfather who would be willing to sponsor him. His mother has retired.

Also, the chart for poverty guideline states that if there are 4 household members, the minimum income should be $25,100. He lives with his mother, grandfather and sister, 4 household members. So does he have to show them minimum $25,100?

Household size refers to people he is financially responsible for. It should be the same as the number of dependents on his tax return (+the beneficiary). That's my understanding. 

[geowrian 22,337]

12 minutes ago, cedrichadjian said:

He makes around $1,600/month(with taxes taken out), I really have no idea how taxation works in the US so I guess you misunderstood me.

I believe he has his grandfather who would be willing to sponsor him. His mother has retired.

Also, the chart for poverty guideline states that if there are 4 household members, the minimum income should be $25,100. He lives with his mother, grandfather and sister, 4 household members. So does he have to show them minimum $25,100?

Ah, okay. So his current income really was the $21,600 number. Then yeah, he should be okay for the K-1 but I would suggest at least having a joint sponsor ready for AOS later.

 

His household size would be him + you + people who may be dependent upon him  (children under 21, other dependents claimed on his taxes, other immigrants sponsored). it doesn't count his parents, grandparents, siblings, etc. (unless he claims them as dependents on his taxes).

 

3 minutes ago, boggsjd said:

Household size refers to people he is financially responsible for. It should be the same as the number of dependents on his tax return (+the beneficiary). That's my understanding. 

Usually that's the case, but not always. For instance, if the sponsor has an under-21 child who the mother claims on her taxes, the child still needs to be counted in his household size.

Edited May 19, 2018 by geowrian

[boggsjd 27]

3 minutes ago, geowrian said:

Ah, okay. So his current income really was the $21,600 number. Then yeah, he should be okay for the K-1 but I would suggest at least having a joint sponsor ready for AOS later.

 

His household size would be him + you + people who may be dependent upon him  (children under 21, other dependents claimed on his taxes, other immigrants sponsored). it doesn't count his parents, grandparents, siblings, etc. (unless he claims them as dependents on his taxes).

 

Usually that's the case, but not always. For instance, if the sponsor has an under-21 child who the mother claims on her taxes, the child still needs to be counted in his household size.

Thanks for the info. 

[cedrichadjian 7]

7 minutes ago, geowrian said:

Ah, okay. So his current income really was the $21,600 number. Then yeah, he should be okay for the K-1 but I would suggest at least having a joint sponsor ready for AOS later.

 

His household size would be him + you + people who may be dependent upon him  (children under 21, other dependents claimed on his taxes, other immigrants sponsored). it doesn't count his parents, grandparents, siblings, etc. (unless he claims them as dependents on his taxes).

 

Usually that's the case, but not always. For instance, if the sponsor has an under-21 child who the mother claims on her taxes, the child still needs to be counted in his household size.

He said nobody is depended on him. He has a -21 sister who goes to school but also works. He only pays rent and utility. So it's me and him?

Also, I don't get this, we are a same-sex couple. We're planning on moving out, there's no way I'm not gonna work once I get to the US, get married, obtain my residency permit and move out. We both will work and pursue a life together...

[Naes 12,205]

1 minute ago, cedrichadjian said:

He said nobody is depended on him. He has a -21 sister who goes to school but also works. He only pays rent and utility. So it's me and him?

Also, I don't get this, we are a same-sex couple. We're planning on moving out, there's no way I'm not gonna work once I get to the US, get married, obtain my residency permit and move out. We both will work and pursue a life together...

Yes then it is only you and him (so you will check amount for 2 people). 

[geowrian 22,337]

4 minutes ago, cedrichadjian said:

He said nobody is depended on him. He has a -21 sister who goes to school but also works. He only pays rent and utility. So it's me and him?

Also, I don't get this, we are a same-sex couple. We're planning on moving out, there's no way I'm not gonna work once I get to the US, get married, obtain my residency permit and move out. We both will work and pursue a life together...

Correct. That's a household size of 2 for immigration purposes.

That plan is fine. It doesn't change any of the above. Your work won't impact the financial requirements nor his obligation to support you and ensure you don't become a public charge. This is a mechanism designed so that tax dollars aren't used to pay for certain benefits of an immigrant...somebody basically has to be legally & financially responsible for them (even if it's a spouse and they divorce).

[cedrichadjian 7]

29 minutes ago, geowrian said:

Correct. That's a household size of 2 for immigration purposes.

That plan is fine. It doesn't change any of the above. Your work won't impact the financial requirements nor his obligation to support you and ensure you don't become a public charge. This is a mechanism designed so that tax dollars aren't used to pay for certain benefits of an immigrant...somebody basically has to be legally & financially responsible for them (even if it's a spouse and they divorce).

Ok thank you so much! You saved a lot of time for us.  

[Saraslh 10]

Thats cool cedric i am lebanese too dealing with the same visa.. nshala ma y3ar2luna.. do u know any other lebanese couples that applied for a k1? I was wondering about the denial pourcentage

[cedrichadjian 7]

2 hours ago, Saraslh said:

Thats cool cedric i am lebanese too dealing with the same visa.. nshala ma y3ar2luna.. do u know any other lebanese couples that applied for a k1? I was wondering about the denial pourcentage

Haha nshalla bi sara7a msh 5yfen hal2ad cz 3anna a lot of evidence, bass we have plan b and c, would u like to stay in touch? Add me on facebook: Cedric Hadjian.

[Saraslh 10]

31 minutes ago, cedrichadjian said:

Haha nshalla bi sara7a msh 5yfen hal2ad cz 3anna a lot of evidence, bass we have plan b and c, would u like to stay in touch? Add me on facebook: Cedric Hadjian.

Oh cool yalla i will add u we stay in touch.. adamet l I-129f aw not yet? Mine was sent last Thursday