My Fiance hasn't been working for 8 months

[Pinkypryze16 0]

Hello guys,

 

This is my first time posting on this platform and i would really appreciate if you guys (VJ SPECIALIST 🙂) could help me with some advice.

 

I am from Nigeria and living in Europe. I met my fiance 14 months ago and i proposed to her in February of this year, but since February of this year she lost her job and i've been the one helping her with bills every month and now we are about file for k1 visa in this Month of September.  So i would like to know if its gonna be a problem since has hasn't been working for 8 months now (She is on the verge of starting her own business within next month October).

 

Thank you guys in advance for your help.

Edited September 6, 2020 by Pinkypryze16
Forgot to add my country

[SalishSea 17,751]

No one here can help you unless you fill in your timeline.  The answer to your Qs will be different whether you are the petitioner or beneficiary.

[geowrian 22,337]

Who is the petitioner and who is the beneficiary here?

What country is the beneficiary from?

[Pinkypryze16 0]

5 minutes ago, Jorgedig said:

No one here can help you unless you fill in your timeline.  The answer to your Qs will be different whether you are the petitioner or beneficiary.

Hi, thanks for your reply. I am the beneficiary.  I thought I can only fill my timeline after submitting I-129

2 minutes ago, geowrian said:

Who is the petitioner and who is the beneficiary here?

What country is the beneficiary from?

I am the beneficiary, my fiancé is USC and I am from Nigeria.  Thanks 

Edited September 6, 2020 by Pinkypryze16

[SalishSea 17,751]

Just now, Pinkypryze16 said:

Hi, thanks for your reply. I am the beneficiary.  I thought I can only fill my timeline after submitting I-129

I am the beneficiary, my fiancé is from California, and I am from Nigeria.  Thanks 

Nope, you can do a timeline anytime.

 

And just so you know, the USC submits the I-129F, not the intending immigrant.  You should encourage her to come here and read and research as much as possible.  It is not a simple process, particularly for Nigeria.

 

And she will either need adequate income to sponsor you, or a qualified joint sponsor.  You both should read the guides.

[Pinkypryze16 0]

1 minute ago, Jorgedig said:

Nope, you can do a timeline anytime.

 

And just so you know, the USC submits the I-129F, not the intending immigrant.  You should encourage her to come here and read and research as much as possible.  It is not a simple process, particularly for Nigeria.

 

And she will either need adequate income to sponsor you, or a qualified joint sponsor.  You both should read the guides.

Hi, thanks,when she was working she was earning over 40kper annum

[geowrian 22,337]

So your fiance is the USC petitioner, and they lost their job in February. Gotcha.

They can start the K-1 process by filing the I-129F. No financial information is provided with the I-129F. That will only come into play for the K-1 interview later (via the I-134).

 

If they don't have sufficient current income at the time of the interview, then a co sponsor should be found.

Depending on the business setup, current income probably won't be sufficient until somewhere into 2022. Presumably they will be self-employed (not an employee that is paid like a regular employee of the business). If so, current income for self-employment = total income line from the most recent federal tax return. Given the timing, 2020 taxes likely won't meet the minimum income requirements. So 2021 taxes would be the soonest, meaning sometime whenever they get around to filing 2021 taxes (sometime in 2022) would their income be sufficient.

It might be best to look for a co sponsor.

Edited September 6, 2020 by geowrian

[Pinkypryze16 0]

5 minutes ago, geowrian said:

So your fiance is the USC petitioner, and they lost their job in February. Gotcha.

They can start the K-1 process by filing the I-129F. No financial information is provided with the I-129F. That will only come into play for the K-1 interview later (via the I-134).

 

If they don't have sufficient current income at the time of the interview, then a co sponsor should be found.

Depending on the business setup, current income probably won't be sufficient until somewhere into 2022. Presumably they will be self-employed (not an employee that is paid like a regular employee of the business). If so, current income for self-employment = total income line from the most recent federal tax return. Given the timing, 2020 taxes likely won't meet the minimum income requirements. So 2021 taxes would be the soonest, meaning sometime whenever they get around to filing 2021 taxes (sometime in 2022) would their income be sufficient.

It might be best to look for a co sponsor.

Hi, thanks for your wonderful advice, As a matter of fact that is what we have concluded on to get a co sponsor, but i just wanted to be sure that is why i came on here to ask the specialist.Thank you and i truly appreciate your help. 🙂

Edited September 6, 2020 by Pinkypryze16

[Pinkypryze16 0]

10 minutes ago, geowrian said:

So your fiance is the USC petitioner, and they lost their job in February. Gotcha.

They can start the K-1 process by filing the I-129F. No financial information is provided with the I-129F. That will only come into play for the K-1 interview later (via the I-134).

 

If they don't have sufficient current income at the time of the interview, then a co sponsor should be found.

Depending on the business setup, current income probably won't be sufficient until somewhere into 2022. Presumably they will be self-employed (not an employee that is paid like a regular employee of the business). If so, current income for self-employment = total income line from the most recent federal tax return. Given the timing, 2020 taxes likely won't meet the minimum income requirements. So 2021 taxes would be the soonest, meaning sometime whenever they get around to filing 2021 taxes (sometime in 2022) would their income be sufficient.

It might be best to look for a co sponsor.

Hi Geowiran,

I have one more question,  do you think its best we get the co sponsor now and include the co sponsor in the documents that she will send to USCIS, instead of waiting to file the I-134 beofre the interview. Thanks

[geowrian 22,337]

24 minutes ago, Pinkypryze16 said:

Hi Geowiran,

I have one more question,  do you think its best we get the co sponsor now and include the co sponsor in the documents that she will send to USCIS, instead of waiting to file the I-134 beofre the interview. Thanks

There's nothing in the I-129F packet sent to USCIS about financial sponsorship (USCIS doesn't care...that's handled by the embassy/consulate). I would not send anything about a co sponsor until the I-134 comes into play.

[Pinkypryze16 0]

23 minutes ago, geowrian said:

There's nothing in the I-129F packet sent to USCIS about financial sponsorship (USCIS doesn't care...that's handled by the embassy/consulate). I would not send anything about a co sponsor until the I-134 comes into play.

Thank you 😊 

[aaron2020 11,651]

Your USC fiancee can start the process by filing the I-129f.

 

There are two significant problems.

1.  Your fiancee will need to meet the financial requirements of the I-134 Affidavit of Support.  Without a job, her income is zero.  With a new business, her tax return for 2020 will not be enough.  She would need to find a co sponsor.  Not all US Embassy allows a co sponsor for an I-134.  Which embassy are you planning on interviewing at?  You can interview in your home country or in a country where you have legal residency.

2.  The Executive Order banning Nigerians from receiving any visas that would lead to permanent residency.  Since you are Nigerian, a K-1 visa can not be issued to you until that ban is lifted.  

[geowrian 22,337]

4 minutes ago, aaron2020 said:

2.  The Executive Order banning Nigerians from receiving any visas that would lead to permanent residency.  Since you are Nigerian, a K-1 visa can not be issued to you until that ban is lifted.  

Does not impact K-1.

https://fam.state.gov/FAM/09FAM/09FAM030214.html
“d  (U) K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued.”

 

The Nigeria ban is PP 9983 and therefore K visas are not impacted.

Edited September 6, 2020 by geowrian

[aaron2020 11,651]

6 minutes ago, geowrian said:

Does not impact K-1.

https://fam.state.gov/FAM/09FAM/09FAM030214.html
“d  (U) K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued.”

 

The Nigeria ban is PP 9983 and therefore K visas are not impacted.

Thanks for the correction.

[JeanneAdil 6,423]

the USC has plenty of time to find a job and go thru the process as there is currently a ban on Nigeria visas according to the January 2020 EO

even you live in Europe,  still you are Nigerian and all visas are impacted

 

ii)  The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.

 

https://www.whitehouse.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry/