Would it be a problem to fill i-134 while on workers' compensation?

[Sisi1992 32]

Good morning/afternoon/evening fellow k1 filers! 

My fiancé and I are going through the k1 visa process as well. My case was approved a week ago (yay!) and now we are talking about the next steps.

He has had a very good job as a feeder driver for a big company for the past two years, and a usually steady and solid income. He got injuried at work last spring, received workers' comp for a couple of months, and he's back to driving at the moment since September 1st.

 

His injury hasn't healed yet though, and he's afraid he'll need to go back on compensation before my interview, that should happen around December.

So he was panicking a little bit about the documents we will need as evidence for the I-134, because I told him some pay stubs should do the job, but on the compensation checks there isn't anything like the YTD thing, only the money he's getting that time and that's all.

 

I'd like to reassure him someway that his injury won't compromise my possibilities to get the visa, and that he's still well above the required limit of income for the affidavit of support. Is it okay if we presents paystubs of a couple of months prior to the interview dates (like September and October), plus the past two tax returns, IRS official tax transcript and maybe the proof he just bought an apartment one month ago? Would it be enough?  Can the workers' comp situation affect the process?

 

Thank you in advance to anyone who will answer!

[aaron2020 11,651]

Current income is what's required.

 

His worker's comp is limited in duration.  It's not ongoing employment.

 

Being on worker's comp and not employed when you have your interview will affect his qualification for the I-134.

[Sisi1992 32]

2 minutes ago, aaron2020 said:

Current income is what's required.

 

His worker's comp is limited in duration.  It's not ongoing employment.

 

Being on worker's comp and not employed when you have your interview will affect his qualification for the I-134.

Thank you for the detailed answer! I think this will be relieving for him, so he might stop worrying too much about this ☺️

[aaron2020 11,651]

2 minutes ago, Sisi1992 said:

Thank you for the detailed answer! I think this will be relieving for him, so he might stop worrying too much about this ☺️

I think you are misunderstanding things.  

 

If he is not working and receiving worker's comp when you interview, he will not meet the I-134 requirements which means you will not get a K-1 visa. 

[Sisi1992 32]

17 minutes ago, aaron2020 said:

I think you are misunderstanding things.  

 

If he is not working and receiving worker's comp when you interview, he will not meet the I-134 requirements which means you will not get a K-1 visa. 

Ah darn it, yes you're right. I am tired and it's almost bed time! 

He will actually still be employed but on  paid leave. Anyway I'm going to send him this so he can decide and act consequently, thanks!

Edited September 27, 2021 by Sisi1992

[KayDeeCee 4,893]

3 hours ago, Sisi1992 said:

Ah darn it, yes you're right. I am tired and it's almost bed time! 

He will actually still be employed but on  paid leave. Anyway I'm going to send him this so he can decide and act consequently, thanks!

Paid leave is still employed, so have him get a letter from employer saying he works there, and current salary. Provide most recent pay stubs and tax transcript. All of those should be enough to show he meets the income requirements to sponsor you.