K1 Visa during Ch 13? Plus additional questions

[MidnightApollo 0]

I've searched and found information about filing bankruptcy (after) a K1 Visa ... how about the other way around, what if you are already in a Chapter 13 bankruptcy then file for the K1?

 

My income is over the 125% guideline - so I don't see the problem there. What about when they request proof of income? Assuming I'd have to submit pay stubs as I've read in other threads, the deduction on my pay stub for a Ch 13 payment is clearly listed...  can I not just give them last years tax return/transcript? Maybe there are also some other factors in play here I'm not thinking of as well.

In person time spent with my fiance was over the span of 3 days. I'd originally gone to meet someone else I met online and it didn't work out, then ended up meeting my fiance through mutual acquaintances of the original woman. My fiance and I fell in love with each other almost the moment we met because our personalities meshed so well.

I'm concerned about filing the K1 with the BK and short amount of time we've known each other. We did take as many photos as we could together, visiting a variety of places, and it includes some photos of us kissing. We now chat online every day.

Any advice on how to proceed forward? The last thing I'd want to do is be hasty about filing for the K1 if the odds aren't in our favor, and ruin our chances of being together.

[geowrian 22,338]

The bankruptcy isn't likely to be a big issue. The CO makes the public charge consideration based upon a totality of the circumstances and bankruptcy is not a bar by any means. They may consider it, but I don't think it would be an issue by the time the I-134 (affidavit of support) is presented (~8-12 months from initial I-129F filing).

 

You can just give them tax returns, but it won't show them your current income, which is what they will base their decision on. Your pay stubs + an employment letter would be the primary evidence of your current income. A tax return may or may not still be requested by the CO (varies by consulate).

For AOS after entry on the K-1 visa, the most recent filing year's tax return is required.

 

The short amount of time physically spent together may raise scrutiny of your case. That said, a lot of it comes down to what embassy they are going through + other relationship evidence you can provide. Time spent physically together is optimal. You can visit again before filing, and/or visit during the processing.

What embassy/consulate are they going through?

 

Lots of photos are fine to provide, but them all being over 3 days doesn't mean much compared to just a few photos over the same period of time. It is what it is and facts are facts.

[MidnightApollo 0]

16 minutes ago, geowrian said:

What embassy/consulate are they going through?

Thank you for taking the time to read & answer my questions! Cebu is the nearest consulate.

[geowrian 22,338]

3 minutes ago, MidnightApollo said:

Thank you for taking the time to read & answer my questions! Cebu is the nearest consulate.

Cebu doesn't process K-1 or immigrant visas. He/She will interview at the US Embassy in Manila (USEM).

 

COs in Manila rarely ask for the I-134 (but have one ready just in case). That may also buy you more time to establish your income since the bankruptcy, since nobody may even look at the pay stubs until they file for AOS (after entry on the K-1 visa).

 

While I absolutely recommend more visits, a single visit is not that uncommon prior to filing a K-1 in Manila. I highly suggest more visits during the process just in case, and you can also attend the interview at USEM with him/her, which can help.

[MidnightApollo 0]

37 minutes ago, geowrian said:

Cebu doesn't process K-1 or immigrant visas. He/She will interview at the US Embassy in Manila (USEM).

 

COs in Manila rarely ask for the I-134 (but have one ready just in case). That may also buy you more time to establish your income since the bankruptcy, since nobody may even look at the pay stubs until they file for AOS (after entry on the K-1 visa).

 

While I absolutely recommend more visits, a single visit is not that uncommon prior to filing a K-1 in Manila. I highly suggest more visits during the process just in case, and you can also attend the interview at USEM with him/her, which can help.

Thank you again! Sounds like the best course of action is to get the ball rolling with the I-129F ... but make sure to try and visit again before the interview.