Unusual case

[visahelp 0]

my case is perhaps a bit unusual, so i have some questions that i am hoping someone maybe able to help with.

my fiance is indian. he is also a swami/sadhu/baba, a life that he was forced into by circumstance as an adolescent and one that he no longer wants. he wants a family life, and has proposed marriage.

we met in india this year, and spent three months together before i returned home to the u.s.

i am older than my fiance by 16 years.

what i am wondering is, will the fact that he is a swami and i am older than he raise red flags that may require professional help?

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

[pushbrk 13,174]

my case is perhaps a bit unusual, so i have some questions that i am hoping someone maybe able to help with.

my fiance is indian. he is also a swami/sadhu/baba, a life that he was forced into by circumstance as an adolescent and one that he no longer wants. he wants a family life, and has proposed marriage.

we met in india this year, and spent three months together before i returned home to the u.s.

i am older than my fiance by 16 years.

what i am wondering is, will the fact that he is a swami and i am older than he raise red flags that may require professional help?

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

All couples seeking immigrant visas need to convince a Consular officer at interview, that their relationship is bonafide and ongoing and that their intentions to marry and have a married life are genuine. A 16 year age difference alone would not be a red flag but the totality of your circumstances could well be. Evidence you spent 3 months "together" (not just that you were in the same country) can go a long way to showing the validity of your relationship, as can evidence of ongoing communication.

As for income, yes, the $50,000 in liquid assets can substitute for at least $10,000 in annual income. However, the I-134 used for K visas has a place to state "current income". It is perfectly acceptable to use an annualization of your current monthly income. If that is sufficient, you need not mention or provide evidence of other assets.

[visahelp 0]

thanks for your post pushbrk - it is most helpful!

[jg_am 0]

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.

[maya62 7]

If the non-USC is entering into a union that is at odds with his/her cultural norms, one can expect questions at the Consular interview level. If, for example, in India it is very unusual for a man to marry a woman who is 16 years older than he is, the interviewing CO may very well call his motives into question, and he (the fiance) should be prepared for this.

Best wishes!

Maya

[pushbrk 13,174]

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.

Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.

Edited May 9, 2007 by pushbrk

[Tom99 0]

Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.

Thanks for the info.

[jg_am 0]

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.

Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.

From the instructions for I-134 Affidavit of support, which is requried for a K1 visa. I don't know about a K3, but the OP didn't say what they are filing for. Proff of employment is also required for the I-864, which is with AOS.

The sponsor must submit in duplicate evidence of incomeand resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

B. Statement of your employer on business stationery,revealing:

1. Date and nature of employment;

C. If self-employed:

2. Report of commercial rating concern.

D. List containing serial numbers and denominations of bonds and name of record owner(s).

[TracyTN 237]

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.

Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.

I always thought that any required support documents with the I 134 were determined on a consulate by consulate basis. Vietnam, if I recall correctly, is one of the most strict consulates when it comes to proving support of the beneficiary. So I'm not sure your advice should be taken at face value across the board.

Besides which, it doesn't take a lot of effort to secure at least an employer letter.

Edited May 9, 2007 by TracyTN

[payxibka 10,047]

From the instructions for I-134 Affidavit of support, which is requried for a K1 visa. I don't know about a K3, but the OP didn't say what they are filing for.

I-134 was not required for me.... Check with the individual consulates for local procedures.....

[Yodrak 7]

jg_am,

You appear to have missed the phrase "as appropriate" in the instuctions that you quoted. Letters from employers and banks are required only when they are appropriate for the person's financial situation as that situation is presented by the person. E.g. one may not have a bank account or may not wish to present their bank account information, in which cases there is no need for a letter from the bank.

Beyond that, I-134 is not a requirement for the K visas. It's use is optional at the discretion of the consular officer who is processing the visa application. It is quite possible for a K-visa applicant to meet the public charge provisions of the law without submitting an I-134 from a sponsor.

And beyond that, proof of employment is not required for the I-864. It is quite possible for an unemployed person to be a sponsor - it's income, not employment, that is the requirement and income can come from sources other than employment.

Yodrak

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!

If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.

Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.

From the instructions for I-134 Affidavit of support, which is requried for a K1 visa. I don't know about a K3, but the OP didn't say what they are filing for. Proff of employment is also required for the I-864, which is with AOS.

The sponsor must submit in duplicate evidence of incomeand resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

B. Statement of your employer on business stationery,revealing:

1. Date and nature of employment;

C. If self-employed:

2. Report of commercial rating concern.

D. List containing serial numbers and denominations of bonds and name of record owner(s).

Edited May 9, 2007 by Yodrak

[rebeccajo 14]

As for income, yes, the $50,000 in liquid assets can substitute for at least $10,000 in annual income. However, the I-134 used for K visas has a place to state "current income". It is perfectly acceptable to use an annualization of your current monthly income. If that is sufficient, you need not mention or provide evidence of other assets.

That's an I864 requirement and the $50000 would substitute for $16666 shortfall, not a $10000.

[visahelp 0]

thanks for the add'l replies and help. forgot to say that i am applying for the k1 visa.

my financial situation is this:

i have not worked since sept. '06. i lived in india the last six months. i am now doing some PT work for a previous employer, but the bulk of my work will writing a book that i went to india to do research for. (meeting my fiance was a surprise bonus )

i lost nearly four months of wages in '06, which shows last years salary below the poverty guidelines on my tax returns. i can get a letter from my employer, but that does not help with the tax returns. i do have adequate funds in the bank to support my fiance when he comes, so i just need to understand how to go about presenting this on the given forms. it looks like i need to do further research with re to the I864 to understand how "$50000 would substitute for $16666 shortfall".

what a great forum!

[pushbrk 13,174]

thanks for the add'l replies and help. forgot to say that i am applying for the k1 visa.

my financial situation is this:

i have not worked since sept. '06. i lived in india the last six months. i am now doing some PT work for a previous employer, but the bulk of my work will writing a book that i went to india to do research for. (meeting my fiance was a surprise bonus )

i lost nearly four months of wages in '06, which shows last years salary below the poverty guidelines on my tax returns. i can get a letter from my employer, but that does not help with the tax returns. i do have adequate funds in the bank to support my fiance when he comes, so i just need to understand how to go about presenting this on the given forms. it looks like i need to do further research with re to the I864 to understand how "$50000 would substitute for $16666 shortfall".

what a great forum!

Liquid assets like cash can substitute for income using a 5 to 1 or 3-1 formula. For the I-864, you file with adjustment of status, the ratio for a spouse is 3-1, they will divide the cash by three and add that number to your income to show you qualify. For other family members the formula is 5 to 1. That's why I said "at least" 10,000.

I'm not absolutely certain which formula they would use when the I-134 is used for K1. Perhaps somebody else can confirm.

[Dean iWait 0]

Couple of questions that come to mind.

Is it way outside the cultural norm for an Indian man to marry a foreigner 16 years older than he is?

Has his family met you and if so do they approve of this marriage?

The only reason I ask this is I remember a VJ'er who had this same scenario sometime last year. She (USC) was older then her Indian fiance and they didn't tell his family of the engagement as they knew they would disapprove. The CO denied the visa. Apparently the CO stated he believed the engagement/relationship was a sham and for immigration purposes only. I don't know what the final outcome was but the last time I heard I believe the USC was appealing the denial. Remember this is only one couples experience at one consulate in India. Maybe there were other reasons for the denial other than the ones stated. Just thought you should be aware.

Maybe some people who have experience with the Indian consulates will stop by and add their experiences.