K1 visa I-134 and foreign exempt income

[EatBulaga 315]

Hello Everyone with expertise in the I-134 affidavit of support,

 

I, as the US citizen petitioner of the K1 visa, worked all of 2020 and most of 2021 overseas (non-military job) and worked only a few months in the US in 2021. In fact, working overseas is how I met my foreign fiancee.🙂

 

My 2020 foreign income were within the IRS guidelines for foreign exemption (below 107,600), but above the 125% HHS Poverty Guidelines (above 22,887) to show support for K1 visa. Therefore, my 2020 tax filing shows wages, salaries, tips, etc. are above the HHS Poverty Guidelines sufficient for the I-134 support, but my adjusted gross income on the 2020 tax filing is 0 because of the foreign exemption, which is not sufficient.

 

My 2021 foreign and US income wages, salaries, tips, etc. combined is above the 125% HHS Poverty Guidelines, but since my foreign income is US tax exempt, my adjusted gross income shows only the 3-months period of US income, which will be below the 125% HHS Poverty Guidelines.

 

I can get my current employer's statements to show my annual salary is above the 125% HHS Poverty Guidelines, but I have not worked a full year with them yet. And I can get my bank to write a reference letter to show my savings to be sufficient.

 

My question is will my 2020 and 2021 tax filings showing of the adjusted gross income affect my show of support or should I get my parents or relative to help with joint support? My I-134 Income and Asset Information should show enough support, but the 2020 and 2021 tax filings adjusted gross income does not. I'm afraid that if I just include a letter with my I-134 to explain my foreign income is exempt from the adjusted gross income, it will be ignored as non-standard.

 

Any advice? Or will the consulate know enough to look at the wages, salaries, tips instead of the adjusted gross income? Or should I get joint support with another I-134?

 

Thanks in advance for any response.

[Crazy Cat 41,850]

CURRENT annual income is king....not past tax filing.

Current annual income is calculated as follows:

Most recent pay period gross income multiplied times number of pay periods per year.

Is this income going to continue after re-locating to the US?  If not, you can either get a well qualified joint sponsor or list assets in order to qualify. 

Edited March 20, 2022 by Crazy Cat

[EatBulaga 315]

1 minute ago, Crazy Cat said:

CURRENT annual income is king....not past tax filing.

Current annual income is calculated as follows:

Most recent pay period gross income multiplied times number of pay periods per year.

Is this income going to continue after re-locating to the US?  If not, you can either get a well qualified joint sponsor or list assets in order to qualify. 

Yes, current income will continue after re-locating to the US.

So I include a few payment slips with the I-134 in addition to the employer's statement of annual salary?

 

Thanks again!

[Crazy Cat 41,850]

16 minutes ago, EatBulaga said:

Yes, current income will continue after re-locating to the US.

So I include a few payment slips with the I-134 in addition to the employer's statement of annual salary?

 

Thanks again!

I would......

[iwannaplay54 985]

44 minutes ago, EatBulaga said:

Yes, current income will continue after re-locating to the US.

So I include a few payment slips with the I-134 in addition to the employer's statement of annual salary?

 

Thanks again!

Pay slips / bank statements / employer letter will suffice. You would have an issue if your foreign income would not continue after return

[Mike E 11,739]

50 minutes ago, EatBulaga said:

Yes, current income will continue after re-locating to the US.

So I include a few payment slips with the I-134 in addition to the employer's statement of annual salary?

 

Thanks again!

Your employer needs to state that the income will continue once you live in the USA.  

[iwannaplay54 985]

1 minute ago, Mike E said:

Your employer needs to state that the income will continue once you live in the USA.  

Agree 👍