K1 Visa help/guidance

[Becker 17]

Hi all. We are looking to file a K1 visa very soon but we want to confirm we have everything ready for the entire visa process. We also have a few little details that might differ from usual situations.

 

The I-129f form is filled out and ready but we want a little help with supporting documents. We have pictures and boarding passes/itinerary’s to add but the question is about the intent to marry. We don’t plan on having a big wedding at all and it’s more to get us living together after 7 years of a long distance relationship. We want our wedding to be much better than we can afford right now so what would be the suggestion for intent to marry. Are we okay both to but a statement of intent or would we require more. 
 

Also a little note for the form itself, it asks for details where we met but are the photos enough from the past few years. Do we need to attach a written document stating how we met as I haven’t seen that in any supporting documents but the form itself asks for it. 
 

Finally, down the line at the interview which will be at the London office. As the petitioner my latest tax return shows my income to be a lot less than now. I have a new job which pays much better and will surpass the required annual income (but the Latest tax return Would not show near the amount needed). Is it okay to include recent payslips/bank statements showing my now monthly income. Or would I have to wait until next tax return which is almost a year away. I can also gather other things like a letter from employer but what would that letter need to include? 
 

We just want to get everything right before we submit. I know it’s a long wait before the interview and further documents but I’d rather have peace of mind now! Thanks in advance 

[payxibka 10,045]

A statement of intent similar to the site example has worked for thousands 

 

Circumstances of meeting can be but a few sentences,  no love story essay required 

 

You only need to provide proof of one face to face meeting,  not several years worth

[VISBIS 18]

A brief statement should be more than enough stating your intent to marry, and I would get both of you guys to sign both the petitioner and beneficiary letters of intent to marry. Once your fiancé arrives at the US, even a court ceremony would suffice and can push back the real wedding until you’re able to afford it.

 

12 hours ago, Becker said:

Do we need to attach a written document stating how we met as I haven’t seen that in any supporting documents but the form itself asks for it. 

we did submit a statement of meeting stating how we met and then the many times after that on how we met very briefly describing the relationship. It doesn’t hurt at all to submit this, especially since your relationship is 7 years long. 
 

12 hours ago, Becker said:

Is it okay to include recent payslips/bank statements showing my now monthly income. Or would I have to wait until next tax return which is almost a year away.

it depends on the CO. Some do accept paystubs or even a letter from the employer stating your income, but some might strictly want the tax transcript to reflect your ability to meet the 100% poverty guideline which was the case for us. So it’s better to always have a joint sponsor when your fiancé go to the interview. Someone in your immediate family would be ideal. He could just use this, if the CO does not accept your paystubs. 

[Wuozopo 4,293]

On 5/27/2020 at 3:05 PM, Becker said:

what would be the suggestion for intent to marry. Are we okay both to but a statement of intent or would we require more. 

This is what we did: (two separate statements)

 

I, John H. Doe, declare I am free to marry and intend to marry Mary J. Smith within 90 days of my entry into the US on a K1 fiancé visa.

 

(signature) (date)

John H. Doe

 

I, Mary J.Smith, declare I am free to marry and intend to marry John H. Doe, within 90 days of his entry into the US on a K1 fiancé visa.

 

(signature) (date)

Mary J.Smith

 

Also know that a fancy wedding is not required. A legal marriage with a marriage certificate filed at your county courthouse meets the requirement. 

 

Edited May 29, 2020 by Wuozopo

[Wuozopo 4,293]

On 5/27/2020 at 3:05 PM, Becker said:

Finally, down the line at the interview which will be at the London office. As the petitioner my latest tax return shows my income to be a lot less than now. I have a new job which pays much better and will surpass the required annual income (but the Latest tax return Would not show near the amount needed). Is it okay to include recent payslips/bank statements showing my now monthly income.

London doesn’t even require a tax return from K1s if you have another way to prove your income. You can provide a letter from your employer stating your current job and income. They have approved many with only the employer letter. You can provide your 2020 W2 which you will probably have before you get to the interview stage. Recent pay stubs work.  You don’t have to prove income four different ways to London. Note: those can be photocopies or scans emailed over. Also you do not have to list your assets and provide bank statements unless you fall short on salary and are making up the difference with assets. 
 

A note on the tax return. If it falls short of the minimum, then definitely choose another way to prove what you earn now. But if your return is over the minimum threshold, proving more doesn’t get you more approved. 
 

[Wuozopo 4,293]

On 5/27/2020 at 3:05 PM, Becker said:

Also a little note for the form itself, it asks for details where we met but are the photos enough from the past few years. Do we need to attach a written document stating how we met as I haven’t seen that in any supporting documents but the form itself asks for it. 

The form says:

. Have you and your fiancé(e) met in person during the two years immediately before filing this petition?
__Yes  __No  __N/A, beneficiary is my spouse
If you answered "Yes" to Item Number 53., describe the circumstances of your in-person meeting in Item Number 54. Attach evidence to demonstrate that you were in each other's physical presence during the required two year period.

It says describe which means write it. If you want to write a short paragraph of background you can.
We first became acquainted in 2003 when blah, blah. We have been visiting each other for the last seven years. Our most recent meetings were Jan 4-14, 2020 when I went to England and July 4-14, 2019 when Sharon came to the US. 

 

Attach  evidence means to provide documentation of being in each other’s  presence face to face during the last two years. That’s where your boarding passes and passport stamps fit in the picture. Skip anything more than 2 years ago. They don’t count. Add a few photos. We used credit card transactions (highlighted) where it showed us making charges in the others town and also coincided with the passport and boarding pass dates. Paint a little picture with documentary evidence of maybe two meetings showing you were in the same country or town.

[Becker 17]

22 hours ago, Wuozopo said:

London doesn’t even require a tax return from K1s if you have another way to prove your income. You can provide a letter from your employer stating your current job and income. They have approved many with only the employer letter. You can provide your 2020 W2 which you will probably have before you get to the interview stage. Recent pay stubs work.  You don’t have to prove income four different ways to London. Note: those can be photocopies or scans emailed over. Also you do not have to list your assets and provide bank statements unless you fall short on salary and are making up the difference with assets. 
 

A note on the tax return. If it falls short of the minimum, then definitely choose another way to prove what you earn now. But if your return is over the minimum threshold, proving more doesn’t get you more approved. 
 

Thanks for the reply. What would happen if i earned under the minimum when the time comes? I am referring here to the 125% of income to get the green card. The K1 visa should be fine as i earn over. What is the point of a joint sponsor if the petitioner still has to earn the minimum threshold also. 

[Wuozopo 4,293]

1 hour ago, Becker said:

Thanks for the reply. What would happen if i earned under the minimum when the time comes? I am referring here to the 125% of income to get the green card. The K1 visa should be fine as i earn over. What is the point of a joint sponsor if the petitioner still has to earn the minimum threshold also. 

This is a London specific answer based on many experiences. It is not true of every consulate.
First off,  to get the visa if you earn less than 100% (K1 visa) then for London,  you find another sponsor who qualifies. The petitioner doesn’t need to provide anything. Or if the beneficiary fiancé has a good amount of savings or maybe a house to sell, they can sponsor themselves with no I-134 affidavit of support. 
 

After marriage in the US, the beneficiary applies for a greencard. There is another affidavit of support (I-864) that requires 125%.  If the petitioner doesn’t earn that amount, they find a joint sponsor who does. The petitioner still has to fill out the I-864 and provide a tax return even if they don’t qualify. They remain the primary sponsor  “on the hook” for the beneficiary even if they say zero income on the form. The joint sponsor also fills out an I-864 and provides tax return and other proofs of income. The joint sponsor is also “on the hook”  unless he dies, OR the beneficiary leaves the US permanently, becomes a citizen, or works 10 years in the US. 

Edited May 30, 2020 by Wuozopo

[Becker 17]

17 hours ago, Wuozopo said:

This is a London specific answer based on many experiences. It is not true of every consulate.
First off,  to get the visa if you earn less than 100% (K1 visa) then for London,  you find another sponsor who qualifies. The petitioner doesn’t need to provide anything. Or if the beneficiary fiancé has a good amount of savings or maybe a house to sell, they can sponsor themselves with no I-134 affidavit of support. 
 

After marriage in the US, the beneficiary applies for a greencard. There is another affidavit of support (I-864) that requires 125%.  If the petitioner doesn’t earn that amount, they find a joint sponsor who does. The petitioner still has to fill out the I-864 and provide a tax return even if they don’t qualify. They remain the primary sponsor  “on the hook” for the beneficiary even if they say zero income on the form. The joint sponsor also fills out an I-864 and provides tax return and other proofs of income. The joint sponsor is also “on the hook”  unless he dies, OR the beneficiary leaves the US permanently, becomes a citizen, or works 10 years in the US. 

Okay thank you for the help! I’ll be earning less due to the recent situation and I won’t make the required amount. I read articles stating each sponsor must individually make up the required amount separately and it can’t be combined (which is why I was confused). I can get a parent of mine to sponsor and I’m registered on the same household so I guess it will all work out. 

[Wuozopo 4,293]

7 hours ago, Becker said:

Okay thank you for the help! I’ll be earning less due to the recent situation and I won’t make the required amount. I read articles stating each sponsor must individually make up the required amount separately and it can’t be combined (which is why I was confused). I can get a parent of mine to sponsor and I’m registered on the same household so I guess it will all work out. 

You will be the sponsor whether you earn enough or not. Your spouse’s joint sponsor can be anybody...a friend or relative. You don’t have to live with them. They can be in another state, but must reside in the US. 
 

Now if people reside at the same address and neither makes enough to qualify, they can pool income if they are related and live under the same roof.  But if dad earns enough by himself, then it’s a cleaner application if he just does a separate joint sponsorship. 
 

Another thing, your income at the time of applying for adjustment of status is what counts. It’s not limited to what you made on your tax return for 2020 when you maybe were furloughed or whatever for some months. If you have a full time job at that time next year, then your salary is what you are earning at the time of applying  

 

And  if you really want accurate information, read the instructions for form I-864. It explains, joint sponsors and tax returns and such once you get past the first few pages.