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Filed: K-1 Visa Country: Peru
Timeline
Posted

My financee has a K-1 interview coming up soon, and I'm struggling to figure out what to do regarding the I-134 Co-sponsor. I'm trying to determine if I will need a co-sponsor or not, and have some questions.

Here is my annual income for the past three years:

90K - 2004

90K - 2005

5K - 2006

To make a long story short, I quit my job and have been living off my savings

since early 2006, which is why my income shot down so low.

In terms of finding out if my annual income is above the poverty line,

will they my most recent tax year income (5K), or will they average the

past three years (60k), or will they use 0 since I'm not currently employed?

Also for the purpose of determining if I have enough liquid assets,

the "annual income" in the formula ((1.25 * poverty level - annual income) * 5),

do they calculate the annual income any differently?

Basically I am looking for more specifics on how they calculate

annual income.. since the documements I've found so far aren't clear.

I did look around as much as possible before posting this .. and

one post seemed to suggest that it was average annual income over

last three years that was important.

http://www.visajourney.com/forums/index.ph...t=0#entry770693

Posted

With $5k for the past year, and still being unemployed, you 100% need a co sponsor. They look at your current situation, not what you earned 3 yrs ago. They want to ensure that your fiance/spouse will not be a burden to the gov't. Without having a job, you yourself can not guarantee that. So my recommendation is to start looking for a co sponsor.

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Filed: AOS (pnd) Country: Colombia
Timeline
Posted

I'd get a cosponsor. You may not need one....but better to be safe than sorry.

K1

1/22/07: I-129F sent to CSC

1/23/07: I-129F packet received and signed for at 9:45A.M.!!

1/29/07: NOA1

4/27/07: NOA2

5/01/07: NOA2 Hardcopy received

5/10/07: Approval arrives at NVC

5/14/07: Leaves NVC

5/17/07: Arrives at Bogota, Colombia

5/18/07: Packet 3 faxed to Embassy

5/22/07: Packet 3 sent via courier

5/30/07: Wendy receives packet 3 (Good thing we used the shortcut)

6/04/07: Packet 4 received

7/03/07: Medical appt. scheduled

7/05/07: Interview!!!! VISA APPROVED!!!!!!!

7/09/07: Visa in hand!!!

7/11/07: Point of Entry at LAX, complete success!!!!!!!!!!

7/24/07: Married!!!

AOS & EAD

07/27/07: Filed for AOS & EAD

08/02/07: Arrives at Chicago

09/10/07: NOA1

09/11/07: Social Security card in hand

10/12/07: Biometrics appointment

10/25/07: EAD Approved

01/23/08: Interview = APPROVED

02/02/08: Green Card received...10 day turn around, not bad!!!

Removing Conditions

11/12/09: Mailed to CSC!

11/13/09: Arrives at CSC!

11/16/09: NOA1

11/18/09: Check Cashed!

12/14/09: Biometrics

01/07/10: Card Production Ordered (APPROVED)

Filed: Timeline
Posted

generic_user25,

Current income.

Yodrak

My financee has a K-1 interview coming up soon, and I'm struggling to figure out what to do regarding the I-134 Co-sponsor. I'm trying to determine if I will need a co-sponsor or not, and have some questions.

Here is my annual income for the past three years:

90K - 2004

90K - 2005

5K - 2006

To make a long story short, I quit my job and have been living off my savings

since early 2006, which is why my income shot down so low.

In terms of finding out if my annual income is above the poverty line,

will they my most recent tax year income (5K), or will they average the

past three years (60k), or will they use 0 since I'm not currently employed?

.....

Filed: K-1 Visa Country: Peru
Timeline
Posted

Thanks for all that have responded. I swear this whole thing is incredibly stressful, it feels good to have some support.

After calling the embassy in Peru, I wanted to post what they told me for the benefit of others.

  • - "Annual Income" is the most recent years' filed tax return
  • - They do not take liquid assets into consideration at all.

Filed: K-1 Visa Country: Germany
Timeline
Posted
Thanks for all that have responded. I swear this whole thing is incredibly stressful, it feels good to have some support.

After calling the embassy in Peru, I wanted to post what they told me for the benefit of others.

  • - "Annual Income" is the most recent years' filed tax return
  • - They do not take liquid assets into consideration at all.

Wow, now I was under the impression bank account assets, or equity in a home were able to be used.....

Is this just Peru?

Bobbie & Klaus

2/23/07 Mailed Package to TSC (G-325A & I-125)

2-25-07 Online PO shows package delivered

3-06-07 NOA on I-129

3-12-07 Touched (I think)

6-8-07 Touched appropriately!

Filed: K-1 Visa Country: Peru
Timeline
Posted
Thanks for all that have responded. I swear this whole thing is incredibly stressful, it feels good to have some support.

After calling the embassy in Peru, I wanted to post what they told me for the benefit of others.

  • - "Annual Income" is the most recent years' filed tax return
  • - They do not take liquid assets into consideration at all.

Wow, now I was under the impression bank account assets, or equity in a home were able to be used.....

Is this just Peru?

I was totally under that impression too and wasted about 4 hours searching this site and

the rest of the web for all the rules and regulations regarding how to sponsor using assets.

When I called the consulate though, they flat out told me that they don't look at assets at all,

and they only consider current income. Now, this is what the "person on the phone" told me,

but I did call back and ask a different person the same question, and got the same answer, so

it seems that at least in Peru ... thats the rule.

I have a feeling it will be a different story in other countries, probably best to call the consulate and

ask them directly.

Filed: Timeline
Posted

See 9 FAM 40.41 'Public Charge' Notes. Observe that, unlike the financial requirements for an immigrant visa as documented in I-864, the financial requirements for a non-immigrant visa are quite subjective. The guidelines give consular officers have wide latitude in determining whether or not a non-immigrant visa applicant meets the public charge provisions of the law, and they do not tell the consular officer how assets may be considered.

Yodrak

Thanks for all that have responded. I swear this whole thing is incredibly stressful, it feels good to have some support.

After calling the embassy in Peru, I wanted to post what they told me for the benefit of others.

  • - "Annual Income" is the most recent years' filed tax return
  • - They do not take liquid assets into consideration at all.

Wow, now I was under the impression bank account assets, or equity in a home were able to be used.....

Is this just Peru?

I was totally under that impression too and wasted about 4 hours searching this site and

the rest of the web for all the rules and regulations regarding how to sponsor using assets.

When I called the consulate though, they flat out told me that they don't look at assets at all,

and they only consider current income. Now, this is what the "person on the phone" told me,

but I did call back and ask a different person the same question, and got the same answer, so

it seems that at least in Peru ... thats the rule.

I have a feeling it will be a different story in other countries, probably best to call the consulate and

ask them directly.

  • 1 month later...
Filed: K-1 Visa Country: Peru
Timeline
Posted

Yes, I could tell it was very subjective. The fact that I was there to tell my story (and that I am semi-fluent in spanish) made a huge difference, and after making a good impression it was pretty much a slam dunk.

But regarding the original question, they told me they were still taking 2005 income, and so I qualified on my own. I ended up submitting my co-sponsor paperwork anyway.

Thanks again for all those that helped me on this board .. especially Yodrak (extremely knowledgeable), and I hope my posts help someone else.

See 9 FAM 40.41 'Public Charge' Notes. Observe that, unlike the financial requirements for an immigrant visa as documented in I-864, the financial requirements for a non-immigrant visa are quite subjective. The guidelines give consular officers have wide latitude in determining whether or not a non-immigrant visa applicant meets the public charge provisions of the law, and they do not tell the consular officer how assets may be considered.

Yodrak

Thanks for all that have responded. I swear this whole thing is incredibly stressful, it feels good to have some support.

After calling the embassy in Peru, I wanted to post what they told me for the benefit of others.

  • - "Annual Income" is the most recent years' filed tax return
  • - They do not take liquid assets into consideration at all.

Wow, now I was under the impression bank account assets, or equity in a home were able to be used.....

Is this just Peru?

I was totally under that impression too and wasted about 4 hours searching this site and

the rest of the web for all the rules and regulations regarding how to sponsor using assets.

When I called the consulate though, they flat out told me that they don't look at assets at all,

and they only consider current income. Now, this is what the "person on the phone" told me,

but I did call back and ask a different person the same question, and got the same answer, so

it seems that at least in Peru ... thats the rule.

I have a feeling it will be a different story in other countries, probably best to call the consulate and

ask them directly.

 
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