When to file petition if we want to use income from 2013 on affadavit of support?

[a+o 0]

Hi there,

My partner is Finnish and we want to start our application for the K-1 visa. The average waiting time for other Finns on the forum seem to be approximately 4-6 months from filing the petition to getting it approved.

My question:

After the petition is approved, how soon does the visa application including Form I-134 need to be filed?

In other words, when is the best time to file our petition if we want to use this year's (2013) income on the affadavit of support?

Thank you for your help!

A

Edited March 22, 2013 by a+o

[Darnell 8,478]

When to file petition if we want to use income from 2013 on affadavit of support?

September 30th or 29th, 2013.

Good Luck !

PS - I-134 is gathered up on interview day, evaluated on interview day.

Edited March 22, 2013 by Darnell

[a+o 0]

When to file petition if we want to use income from 2013 on affadavit of support?

September 30th or 29th, 2013.

Good Luck !

Thanks Darnell. Can you help me to understand how you came up with those dates?

*edit* Just saw your P.S. - so the I-134 doesn't need to be mailed to the embassy with the visa application in advance of the interview?

Edited March 22, 2013 by a+o

[Penguin_ie 5,993]

Yes I-134 is usually brought in at interview.

How long has the petitioner had the job they want to use? Usually, a few months is enough, so if you file now, and already have the job, you will be fine.

[KayDeeCee 4,893]

Yes I-134 is usually brought in at interview.

How long has the petitioner had the job they want to use? Usually, a few months is enough, so if you file now, and already have the job, you will be fine.

This works if you are an employee. If you are self-employed and need to use your income from your 2013 taxes, then time it out to wait until you would have your taxes done before your interview.

[a+o 0]

Yes I-134 is usually brought in at interview.

How long has the petitioner had the job they want to use? Usually, a few months is enough, so if you file now, and already have the job, you will be fine.

I'm a little confused because some people report that they submit the K-1 application form and materials before the interview. Do you know if that is the current process?

It's good to know that the I-134 does not have to be sent before the interview. To answer your question, my last full-time job ended late 2010. I have been on an extended bicycle trip since then living off savings and the occasional freelance job. Met my partner in September 2011. We've been traveling together since then. I am planning to work more this year to meet the income requirements.

This works if you are an employee. If you are self-employed and need to use your income from your 2013 taxes, then time it out to wait until you would have your taxes done before your interview.

I am self-employed and pretty organized, so taxes can be done the first week of January. Earning enough is a bigger challenge!

[Penguin_ie 5,993]

Current process is here: http://www.visajourney.com/content/k1guide

[Lynkali 163]

The average waiting time for other Finns on the forum seem to be approximately 4-6 months from filing the petition to getting it approved.

The others have answered your income question mostly, but I'd suggest that your time scale is a bit too optimistic. Right now California Service Center is at an absolute dead halt and has a tremendous backlog (people from July have still not been approved). Since your profile says Washington, I'd assume your petition will go through CSC.

By comparison, we're also a Finnish-USA couple. We filed in early November last year and I have no hope or indication that our petition will be approved by the six month mark -- it's looking more like July or even August (8-10 months) at this point, if we're LUCKY. Add on another 1-2 months before the interview, and the total time from filing petition to interview could very well be 10 months or more, given current processing trends.

I wish you luck and speediness, whenever you decide to file. If I were you, I would do it right away to get the huge wait started.

[Gary and Alla 3,694]

Hi there,

My partner is Finnish and we want to start our application for the K-1 visa. The average waiting time for other Finns on the forum seem to be approximately 4-6 months from filing the petition to getting it approved.

My question:

After the petition is approved, how soon does the visa application including Form I-134 need to be filed?

In other words, when is the best time to file our petition if we want to use this year's (2013) income on the affadavit of support?

Thank you for your help!

A

Anytime. The I-134 asks "My CURRENT annual income is..." that means your income TODAY. The day you sign it. It is already 2013. If you got a job paying $300,000 per year YESTERDAY and you fill in the form TODAY, your "current annual income" is $300,000

It does not ask what you have made "to date this year" or anything like that. No worries.

[Gary and Alla 3,694]

I'm a little confused because some people report that they submit the K-1 application form and materials before the interview. Do you know if that is the current process?

It's good to know that the I-134 does not have to be sent before the interview. To answer your question, my last full-time job ended late 2010. I have been on an extended bicycle trip since then living off savings and the occasional freelance job. Met my partner in September 2011. We've been traveling together since then. I am planning to work more this year to meet the income requirements.

I am self-employed and pretty organized, so taxes can be done the first week of January. Earning enough is a bigger challenge!

You attach the most recent year tax return but they go by current income. Self employed people can show bank deposits or a profit/loss statement to show current income. If you made $500,000 last year and currently have -0- income, you do not qualify.

There is no date to choose here. Just file your petition when you are ready, this is a non-issue.

[a+o 0]

Current process is here

I read that through and saw the I-134 on the "What to send to your fiance(e) once the I-129F is approved" list.

The VJ timeline for the K-1 includes a "Packet 3" received and returned. Not what that is. Some people mentioned submitting a visa application pre-interview, but don't specify which other materials they included.

[a+o 0]

The others have answered your income question mostly, but I'd suggest that your time scale is a bit too optimistic. Right now California Service Center is at an absolute dead halt and has a tremendous backlog (people from July have still not been approved). Since your profile says Washington, I'd assume your petition will go through CSC.

By comparison, we're also a Finnish-USA couple. We filed in early November last year and I have no hope or indication that our petition will be approved by the six month mark -- it's looking more like July or even August (8-10 months) at this point, if we're LUCKY. Add on another 1-2 months before the interview, and the total time from filing petition to interview could very well be 10 months or more, given current processing trends.

I wish you luck and speediness, whenever you decide to file. If I were you, I would do it right away to get the huge wait started.

Thanks for sharing your experience. I saw the photos of your petition — super nice and organized! I'm sorry to hear about the backlog at the CSC. You are still in the 4-5 month range and I HOPE that it happens quickly for you two. I'll be watching your journey with interest.

Since we are already living together (mostly in a tent, moving from here and there) — the time frame doesn't matter so much. Only if it's much sooner rather than later. The website of the US embassy in Helsinki says 5-12 months total from petition to visa. Wish they could be more precise!

[a+o 0]

You attach the most recent year tax return but they go by current income. Self employed people can show bank deposits or a profit/loss statement to show current income. If you made $500,000 last year and currently have -0- income, you do not qualify.

There is no date to choose here. Just file your petition when you are ready, this is a non-issue.

Thanks for your answer.

The wording on the current I-134 form is,

"I derive an annual income of: ______________________

(If self-employed, I have attached a copy of my last income tax return or

report of commercial rating concern which I certify to be true and correct to the best of my knowledge

and belief. See instructions for nature of evidence of net worth to be submitted.)"

When I had a full-time (W-2) job, I made 50K+. I've been traveling since late-2010 and work as needed. We have decided to apply for a K-1 visa, so the need is 15K for 2013. I maintain a mailing address in the States, but haven't returned for more than a few months at a time. Since this is a bit unconventional, I don't want to raise any red flags. Submitting a 1040 from 2013 showing the minimal income requirement seems to be the most uncomplicated way to go.

What you're saying does make sense. They must interview lots of couples that meet while traveling?

[feli114 65]

Thanks for your answer.

The wording on the current I-134 form is,

When I had a full-time (W-2) job, I made 50K+. I've been traveling since late-2010 and work as needed. We have decided to apply for a K-1 visa, so the need is 15K for 2013. I maintain a mailing address in the States, but haven't returned for more than a few months at a time. Since this is a bit unconventional, I don't want to raise any red flags. Submitting a 1040 from 2013 showing the minimal income requirement seems to be the most uncomplicated way to go.

What you're saying does make sense. They must interview lots of couples that meet while traveling?

Where did you get $15,000? The requirement for 2 is at least $18,912

Edited March 22, 2013 by feli114

[a+o 0]

Where did you get $15,000? The requirement for 2 is at least $18,912

From the .gov page for K-1:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

I got $15,510 for two people from this chart and others.