K1 VISA - CO-SPONSOR (UNCLE)

[hopefulfor2021 31]

Hi everyone! Been a lurker for some time here and thought I'd ask for your help with this. We're currently in the processing of assembling our K1 packet and plan to file this December; I understand that we won't need the form I-134 until the interview but we're simply planning ahead given our situation.

 

We wanted to file early given the backlogs and we're actually banking on those right now as my boyfriend will only start working this December; hopefully, this will give us enough time to prepare for our finances. His monthly salary is enough for 125% of the HHS guidelines (if projected annually) but he won't be able to provide much proof of it aside from his recent pay stubs as he will only start next month, his current savings by that time, and maybe a letter from his employer, and on top of that, this situation may change as he's waiting on an application that will most likely pay better by March of next year. 

 

My question is - I've seen how some people used co-sponsors for Manila, some rejected (for reasons such as the sponsor was not an immediate relative, or that the k-1 is a non-immigrant application), and some accepted. Given that we have limited proof for the affidavit of support, we plan to ask my uncle, as in my mom's brother, who's currently a high ranking official in the US Navy, just in case, as a safeguard. There is no question if he will be able to meet the requirement, but will he qualify as immediate? And we will not be staying in the same household as they are situated in the west coast and we might have to stay somewhere east.

 

Am I overthinking this? I tend to do so with any kind of application. Any kind of advice is welcome!

 

Thank you and please stay safe.  

[Allovertheworld 355]

You are overthinking,  Your fiance should be good with his current job and recent paystubs.  

 

 

[Hank_ 9,174]

5 hours ago, hopefulfor2021 said:

Hi everyone! Been a lurker for some time here and thought I'd ask for your help with this. We're currently in the processing of assembling our K1 packet and plan to file this December; I understand that we won't need the form I-134 until the interview but we're simply planning ahead given our situation.

 

We wanted to file early given the backlogs and we're actually banking on those right now as my boyfriend will only start working this December; hopefully, this will give us enough time to prepare for our finances. His monthly salary is enough for 125% of the HHS guidelines (if projected annually) but he won't be able to provide much proof of it aside from his recent pay stubs as he will only start next month, his current savings by that time, and maybe a letter from his employer, and on top of that, this situation may change as he's waiting on an application that will most likely pay better by March of next year. 

 

My question is - I've seen how some people used co-sponsors for Manila, some rejected (for reasons such as the sponsor was not an immediate relative, or that the k-1 is a non-immigrant application), and some accepted. Given that we have limited proof for the affidavit of support, we plan to ask my uncle, as in my mom's brother, who's currently a high ranking official in the US Navy, just in case, as a safeguard. There is no question if he will be able to meet the requirement, but will he qualify as immediate? And we will not be staying in the same household as they are situated in the west coast and we might have to stay somewhere east.

 

Am I overthinking this? I tend to do so with any kind of application. Any kind of advice is welcome!

 

Thank you and please stay safe.  

 Yes you are overthinking things, just a little.

 

If his current income does meet or exceed the I-864P poverty guidelines (125%), even being a new employee, all should be fine.  It is not a big deal that he is a new employee.  He would provide; copies of pay stubs, letter from employer (and even if his income is low) a copy of his most recent tax return/transcript and W-2/1099 and the signed/completed I-134 ... all of which can be emailed to you as a PDF file for you to print out.

 

As for co-sponsors.  With the K-1 visa the embassy is not required to accept a joint sponsor, but when then do they, usually, want the joint sponsor to be an immediate relative (parents, siblings).

 

https://www.visaconnection-philippines.com/uscis-petition-process.html   < USCIS petition process

 

https://www.visaconnection-philippines.com/us-embassy-usem.html   < USEM visa application process

[SteveInBostonI130 3,387]

Hello,

 

If you are filing now the I-134 will not be required until about 8-12 months, which will give your fiance enough time to collect evidence of his earnings.  Also, I-134 only requires 100% of the poverty guideline.

 

The 125% is relevant after you enter the US on your K1, marry, and file for AOS.  Then he will fill out and submit the I-864.

[hopefulfor2021 31]

6 hours ago, Allovertheworld said:

You are overthinking,  Your fiance should be good with his current job and recent paystubs.  

 

 

Imagine my relief reading this! 🙏🏻 Thank you!

[hopefulfor2021 31]

1 hour ago, Hank_ said:

 Yes you are overthinking things, just a little.

 

If his current income does meet or exceed the I-864P poverty guidelines (125%), even being a new employee, all should be fine.  It is not a big deal that he is a new employee.  He would provide; copies of pay stubs, letter from employer (and even if his income is low) a copy of his most recent tax return/transcript and W-2/1099 and the signed/completed I-134 ... all of which can be emailed to you as a PDF file for you to print out.

 

As for co-sponsors.  With the K-1 visa the embassy is not required to accept a joint sponsor, but when then do they, usually, want the joint sponsor to be an immediate relative (parents, siblings).

 

https://www.visaconnection-philippines.com/uscis-petition-process.html   < USCIS petition process

 

https://www.visaconnection-philippines.com/us-embassy-usem.html   < USEM visa application process

I’ll keep this in mind! I appreciate the links too 🙏🏻

 

 

[hopefulfor2021 31]

1 hour ago, SteveInBostonI130 said:

Hello,

 

If you are filing now the I-134 will not be required until about 8-12 months, which will give your fiance enough time to collect evidence of his earnings.  Also, I-134 only requires 100% of the poverty guideline.

 

The 125% is relevant after you enter the US on your K1, marry, and file for AOS.  Then he will fill out and submit the I-864.

Oh I see! I think I focused too much at the 125% 😅

 

Also — would this be before or after taxes? Still in the process of reviewing everything, I’m sorry if I have a lot of questions but it’s really reassuring to have people respond 🤞🏻

[Allovertheworld 355]

21 minutes ago, hopefulfor2021 said:

Imagine my relief reading this! 🙏🏻 Thank you!

We were all in your shoes at one time

 

 

[SteveInBostonI130 3,387]

5 hours ago, hopefulfor2021 said:

Oh I see! I think I focused too much at the 125% 😅

 

Also — would this be before or after taxes? Still in the process of reviewing everything, I’m sorry if I have a lot of questions but it’s really reassuring to have people respond 🤞🏻

AGI.  Adjusted gross income.  Before taxes.

[Hank_ 9,174]

On 11/27/2020 at 9:57 AM, SteveInBostonI130 said:

Hello,

 

If you are filing now the I-134 will not be required until about 8-12 months, which will give your fiance enough time to collect evidence of his earnings.  Also, I-134 only requires 100% of the poverty guideline.

 

The 125% is relevant after you enter the US on your K1, marry, and file for AOS.  Then he will fill out and submit the I-864.

Embassy in the Philippines (this forum)  uses 125% guideline when processing the K-1.

 

 

On 11/27/2020 at 11:21 AM, hopefulfor2021 said:

Oh I see! I think I focused too much at the 125% 😅

 

Also — would this be before or after taxes? Still in the process of reviewing everything, I’m sorry if I have a lot of questions but it’s really reassuring to have people respond 🤞🏻

 

The embassy looks at GROSS income (before taxes)

[hopefulfor2021 31]

1 hour ago, Hank_ said:

Embassy in the Philippines (this forum)  uses 125% guideline when processing the K-1.

 

 

 

The embassy looks at GROSS income (before taxes)

I've been seeing some say it's 100% and 125% for some -- which initially confused me too! Because the 125% guideline was for people like us, non-military. But now that this is clarified 🙏🏻  Thank you!

[hopefulfor2021 31]

On 11/28/2020 at 6:06 AM, SteveInBostonI130 said:

AGI.  Adjusted gross income.  Before taxes.

Thank you so much