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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Our case was already sent to NVC and we are in the process of gathering paperworks for the I 134. We are a young couple, 19 (I am a graduating university student with a degree this March, yaaay. I am the beneficiary) and 22 to be exact. My fiance unfortunately did not make enough for his 1040 and W2 for the past 2 years for the ff reasons: 2012 he was a Full time college student. 2013, He quit his job to stay with me for 3 months and just got back to the US late november.

However, this February he got a permanent job, which pays above 125% of the Poverty line (with overtime).

50 hours a week= $500, $2000 a month which results to $24,000 a year

He also has more than $10,000 on his bank account. We will get an employment letter and paystubs to support this new job(together with the 1040 and W2 and his bank statement). Are we in trouble?Are we in for a denial because this is just a fairly new job (interview might be late March or April)?

We also have a co-sponsor just incase, his mom who is a registered government nurse and makes more than $35,000 a yr (household of 5, including me). However, I am from the Philippines, and they are known to be realllyyy strict when it comes to accepting co-sponsors.

Are there any red flags in our situation? Or do we even need the co-sponsor? eitherway, we will prepare the documents for the co-sponsor too just incase.

Filed: K-1 Visa Country: Singapore
Timeline
Posted

If the petitioner is a recent graduate, the CO is likely to understand why he did not make as much money in previous years. Current income is what matters most so you'll most likely be fine on the financial front. The only tiny thing I see is the overtime - is it fixed or does it vary depending on the amount of overtime available? I ask because if some weeks he works 50 hours and some weeks 20 hours, then you have to average out the number of hours he can expect to work for the year in your calculation.

As long as it averages out to above the income guidelines, I don't think you'll need a co-sponsor but no harm in having his mom's documentation with you just in case.

Flying to Seattle on 6 May 2014!

Posted

To build the strongest case possible, I would suggest the following:

> Submit your fiance's 2013 income tax return even though he had no income in 2013, or submit an explanation of why he didn't file an income tax return.

> Submit all of his current paycheck stubs to show the consular officer that his current sustained income easily surpasses 125% of the poverty guidelines.

> Submit an employer's letter.

> Attempt to submit the co-sponsor's documents. Instead of submitting the co-sponsor's I-134, submit an I-864 from the co-sponsor. It carries more weight in Manila.

> Submit letters from both you and your fiancé detailing your educational background and any special skills you have that would make you more employable in the U.S.

>. Have your fiancé attend your interview.

Just out of curiosity, is your fiancé Pinoy?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

To build the strongest case possible, I would suggest the following:

> Submit your fiance's 2013 income tax return even though he had no income in 2013, or submit an explanation of why he didn't file an income tax return.

> Submit all of his current paycheck stubs to show the consular officer that his current sustained income easily surpasses 125% of the poverty guidelines.

> Submit an employer's letter.

> Attempt to submit the co-sponsor's documents. Instead of submitting the co-sponsor's I-134, submit an I-864 from the co-sponsor. It carries more weight in Manila.

> Submit letters from both you and your fiancé detailing your educational background and any special skills you have that would make you more employable in the U.S.

>. Have your fiancé attend your interview.

Just out of curiosity, is your fiancé Pinoy?

I-864 for the cosponsor? Not the 1-846ez? My fiance is American. We will submit his w2,1040 (2012,2013 even if he didnt make enough), paystubs, employment letter with the computation for his expected annual income, letter for why he didnt make enough for the past 2 years, and his bank statement. Thank you for the suggestion I will definitely make a letter of my educational background. My fiance cannot accompany me to the interview as he is not allowed to take a leave off work.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

If the petitioner is a recent graduate, the CO is likely to understand why he did not make as much money in previous years. Current income is what matters most so you'll most likely be fine on the financial front. The only tiny thing I see is the overtime - is it fixed or does it vary depending on the amount of overtime available? I ask because if some weeks he works 50 hours and some weeks 20 hours, then you have to average out the number of hours he can expect to work for the year in your calculation.

As long as it averages out to above the income guidelines, I don't think you'll need a co-sponsor but no harm in having his mom's documentation with you just in case.

Hi, his overtime is fixed. His boss knows about our situation so he has been very helpful in that aspect. However, he only got into 2nd yr of college, as he started working to be able to afford to buy his plane tickets to stay with me (only part time though)

Posted

Yes, the bank statement is a great idea. Sorry I missed that.

I haven't looked at the I-864EZ, but it's possible that the co-sponsor could use it. It would be better than using the I-134.

You stand a good chance of approval because the consular officer will place weight on your fiance's current sustained income.

You and your fiancé are both young and educated, both of which are factors in your favor.

Your fiance's co-sponsor is a close family member, another plus.

If he's Pinoy, that would help too.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes, the bank statement is a great idea. Sorry I missed that.

I haven't looked at the I-864EZ, but it's possible that the co-sponsor could use it. It would be better than using the I-134.

You stand a good chance of approval because the consular officer will place weight on your fiance's current sustained income.

You and your fiancé are both young and educated, both of which are factors in your favor.

Your fiance's co-sponsor is a close family member, another plus.

If he's Pinoy, that would help too.

As i've seen on the site, I1864ez is used for the co sponsor and I 1864 for the petitioner. I'll bring my diploma and transcript of records as proof of my educational background. Better be prepared. Thank you so much for the help.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

As i've seen on the site, I1864ez is used for the co sponsor and I 1864 for the petitioner. I'll bring my diploma and transcript of records as proof of my educational background. Better be prepared. Thank you so much for the help.

Now I am wondering if it is better to use the I864 or the I864EZ

Posted

Now I am wondering if it is better to use the I864 or the I864EZ

You also might want to look into the I-864A. Isn't that the one you are supposed to use if the petitioner and the co-sponsor are living in the same house?

A friend of mine was living in the same house as his co-sponsor, and he had no problem using the I-864.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You also might want to look into the I-864A. Isn't that the one you are supposed to use if the petitioner and the co-sponsor are living in the same house?

A friend of mine was living in the same house as his co-sponsor, and he had no problem using the I-864.

My fiance is living on his own apartment. I guess the I-864 would suffice.

Filed: Other Country: Philippines
Timeline
Posted

If you are going to try getting a co-sponsor accepted at USEM with the K-1, use the I-864 (can't use the I-864ez, note the instructions for that form: http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf%C2'>

And everything Tahoma listed...

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

If you are going to try getting a co-sponsor accepted at USEM with the K-1, use the I-864 (can't use the I-864ez, note the instructions for that form:

And everything Tahoma listed...

The co sponsor is just a back up plan incase. But my fiance meets the required guidelines. I will use the I864 form, thanks. Do you think providing my diplomas and certification that I graduated with honors to support the educational background letter we will both sign would be helpful?

Filed: Other Country: Philippines
Timeline
Posted

The co sponsor is just a back up plan incase. But my fiance meets the required guidelines. I will use the I864 form, thanks. Do you think providing my diplomas and certification that I graduated with honors to support the educational background letter we will both sign would be helpful?

In your case I would provide as much information as possible from the petitioner because of being in college as previous years of ITR don't show adequate income.

Does anybody know how many paystubs are needed?

I suggest 4-6 (more the merrier) if that is possible as you are trying to establish income that can't be proved with a tax return yet.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Croatia
Timeline
Posted

No, no, no. I-864ez is only used when the petitioner can qualify on income alone. It is not used for co-sponsors. See "Who May Use Form I-864EZ?" http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf

As i've seen on the site, I1864ez is used for the co sponsor and I 1864 for the petitioner. I'll bring my diploma and transcript of records as proof of my educational background. Better be prepared. Thank you so much for the help.

 
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