Income requirements

[prettylilraindrop 3]

Me and my SO have been together for over two years now and are looking into the K1 visa and then once married adjusting our status, I'm from the UK and he's in the US. However I am quite confused about this whole process, I'm aware of the income requirements for the K1 visa but from what I can tell for a marriage visa the income requirements are more than for the K1 visa? I'm also unsure of what exact visa will be needed for the adjustment of status, the CR1 or IR1?

 

I'm asking as I concerned about the income requirements, my SO has only just got a job which makes enough a year for the income requirements for the marriage visa and before this he did not make enough. I know as part of the proof for this we will need his tax returns which I believe don't start until February time? By which point he wont yet have had the job for a year and therefore I'm assuming we would need to wait another year for it to count or be considered useful? He doesn't have any significant assets or money saved to make up the difference and so we would be mostly relying on his income alone, which as I said is enough had it have been a year.

 

We really want to avoid waiting so long to file for this so was wondering if there's any other way around it? I know you can have a joint sponsor which it seems many recommend but unfortunately we don't have anyone to use for this either, both his parents have children living with them so wouldn't have enough as the dependents have to be considered into the guidelines, all his friends have just recently got out of college, meaning they haven't been in a job for a year yet and so I believe would be considered unreliable. I'm just looking for any help on this as waiting another 2 years is frustrating, especially when it's taken him so long to find a job which meets the requirements. I also apologise if any of this has been covered before. I've tried my best to navigate this site but like I said it's all very confusing. Thanks in advance.

[Ben&Zian 4,398]

9 minutes ago, prettylilraindrop said:

Me and my SO have been together for over two years now and are looking into the K1 visa and then once married adjusting our status, I'm from the UK and he's in the US. However I am quite confused about this whole process, I'm aware of the income requirements for the K1 visa but from what I can tell for a marriage visa the income requirements are more than for the K1 visa? I'm also unsure of what exact visa will be needed for the adjustment of status, the CR1 or IR1?

 

I'm asking as I concerned about the income requirements, my SO has only just got a job which makes enough a year for the income requirements for the marriage visa and before this he did not make enough. I know as part of the proof for this we will need his tax returns which I believe don't start until February time? By which point he wont yet have had the job for a year and therefore I'm assuming we would need to wait another year for it to count or be considered useful? He doesn't have any significant assets or money saved to make up the difference and so we would be mostly relying on his income alone, which as I said is enough had it have been a year.

 

We really want to avoid waiting so long to file for this so was wondering if there's any other way around it? I know you can have a joint sponsor which it seems many recommend but unfortunately we don't have anyone to use for this either, both his parents have children living with them so wouldn't have enough as the dependents have to be considered into the guidelines, all his friends have just recently got out of college, meaning they haven't been in a job for a year yet and so I believe would be considered unreliable. I'm just looking for any help on this as waiting another 2 years is frustrating, especially when it's taken him so long to find a job which meets the requirements. I also apologise if any of this has been covered before. I've tried my best to navigate this site but like I said it's all very confusing. Thanks in advance.

 

For K-1 visa, the embassy considers only the USC petitioners income/assets. For this it is form I-134 which is 100% the poverty guideline. If you can't manage it can use a co-sponsor.

 

For AOS after the marriage you submit form I-864 which is 125% the poverty guideline. Co-sponsor can also be used.

 

For spousal visa (CR-1) you would use the I-864 from the get go during NVC stage. Co-sponsor can be used also. With the CR-1 visa, the embassy could consider the immigrants income if they can show it will continue once they move to the US. If not then they won't.

 

A year in a job is not bad. It's generally when someone has just switched jobs. For the K-1 it's taking 7-8 months about, and CR-1 is 12-14 so have extra time to work int he company.

Edited August 27, 2018 by Ben&Zian

[Jeanne Adil 1,651]

But if worried about money at all the CR1 is cheaper in the long run as AOS is over $1200 after marriage and doing CR1 you would be waiting a year for interview 

[prettylilraindrop 3]

3 minutes ago, adil-rafa said:

But if worried about money at all the CR1 is cheaper in the long run as AOS is over $1200 after marriage and doing CR1 you would be waiting a year for interview 

Thank you for this. Is there any preference as to what immigration prefer? I was always under the impression that they prefer a K-1 visa as it shows you're getting permission and following the proper procedures, whereas with the CR1 I assume that would mean marrying in the US without the fiancee visa, meaning entering the US with the intent to marry but without the suitable visa for this? I hope that makes sense. I just want to make sure nothing goes against my chances. 

[Jeanne Adil 1,651]

Immigration has no preference

it is what is best for u

u have to see each other within 2 years of interview 

 

[Ben&Zian 4,398]

24 minutes ago, prettylilraindrop said:

Thank you for this. Is there any preference as to what immigration prefer? I was always under the impression that they prefer a K-1 visa as it shows you're getting permission and following the proper procedures, whereas with the CR1 I assume that would mean marrying in the US without the fiancee visa, meaning entering the US with the intent to marry but without the suitable visa for this? I hope that makes sense. I just want to make sure nothing goes against my chances. 

 

Coming to the US to get married and return home is perfectly fine. How many tourists you think go to Las Vegas yearly just to get married? 

 

Preference is yours obviously do to availability and options. For us, K-1 was really only option.

 

As mentioned above, if you want to do the K-1 visa, for the I-129f petition you must both be free and able to marry, and have met in person within the last two years.

 

CR-1(spousal) just get married whenever and where ever you can(doesn't have to the be the US even) and then file for the I-130.

Edited August 27, 2018 by Ben&Zian

[Wuozopo 4,293]

1 hour ago, prettylilraindrop said:

I'm asking as I concerned about the income requirements, my SO has only just got a job which makes enough a year for the income requirements for the marriage visa and before this he did not make enough. I know as part of the proof for this we will need his tax returns which I believe don't start until February time? By which point he wont yet have had the job for a year and therefore I'm assuming we would need to wait another year for it to count or be considered useful? 

For immigration (K1, CR1, or adjustment of status), the tax return does not have to reflect being over the threshold. They want to know the current income. If the tax return doesn't show it, then an employer letter stating the job and salary and/or pay stubs can prove he is in a job that earns enough.  For the question concerning income, the answer is not what last year's tax return says. The answer is what he makes right now carried out to a year.  If the new job was $2000/month, then the answer is $2000 X12. An employer letter stating his salary is $24k or $2k/month works. 

Edited August 27, 2018 by Wuozopo