Worried about Affidavit Form / Proof of Income (K1)

[Emmylou151 44]

Hey guys.

I just had a thought - and it's got me panicking! My fiancé is in the military, and earns plenty enough to support me, and the evidence we have gathered to accompany the affidavit form are fine. However, he will be LEAVING the military as of Dec 04, 2015. I am worried that by the time I have my interview as this date would have passed, and we've written in a statement that he is leaving, will they reject the evidence of income we have as he won't actually be working for USAF?

If there is anything I can get in advance to help, what is it?

Edited November 12, 2015 by Emmylou151

[baron555 934]

Then he'll need a cosponsor.

[Emmylou151 44]

Then he'll need a cosponsor.

I thought that might be the case.

Does the co-sponsor need to complete forms/provide evidence?

[baron555 934]

The cosponsor can be any USC.

Both he and the cosponsor will fill out the 134 form and submit accompanying documentation.

His form, which will show no current income, is sort of the proof for USCIS that he needs the cosponsor.

The cosponsor will include copies of the last three years, either the free IRS tax transcripts or a copy of their complete tax return plus current pay summaries or pay stubs and a letter from their employer.

Money in the bank can be used but it is valued at, I believe, only 30% of its total.

Assets like houses and planes and diamonds can be used but must be have an certified appraisal of value and again they are valued at some percentage less than their appraised value.

What is his plans for a job after USAF? Someone in your new family will need to work.

[Ash.1101 1,756]

The cosponsor needs to meet the same requirements your fiance did, and fill out the same forms and provide the same evidence.

But yeah, it looks like you'll need a cosponsor, you're still in NOA1 with an RFE stage, so your interview isn't going to be for a while. It's at the interview you provide the evidence and by that time he won't be making any income. It's also recommended to have financial evidence that's closer to the interview date, and also still relevant.

And just as a note, even if you have income proof for a place he DID work, yes they can reject it. He won't be working there by your interview, and it's technically not proof of current income. Once he gets out of the air force it's past income.

The only income evidence they accept is evidence that is current at the time of the interview, so if he has a new job when you have your interview, he'll provide his tax transcript or tax return/W2 combo for most recent year (some people say last 3 years but most low fraud consulates only ask for most recent), and then financial information from the NEW job, as that's his source of CURRENT income at the time of interview.




While it's good you're already gathering info, make sure to regather financial info close to the interview date. I personally recommend researching and know what you need to gather, and then do the actual gathering a month before the interview.

Edited November 12, 2015 by Ash.1101

[Emmylou151 44]

The cosponsor can be any USC.

Both he and the cosponsor will fill out the 134 form and submit accompanying documentation.

His form, which will show no current income, is sort of the proof for USCIS that he needs the cosponsor.

The cosponsor will include copies of the last three years, either the free IRS tax transcripts or a copy of their complete tax return plus current pay summaries or pay stubs and a letter from their employer.

Money in the bank can be used but it is valued at, I believe, only 30% of its total.

Assets like houses and planes and diamonds can be used but must be have an certified appraisal of value and again they are valued at some percentage less than their appraised value.

What is his plans for a job after USAF? Someone in your new family will need to work.

After USAF, he will be going back to school and getting a job. He will be getting monthly income via the military for the rest of his life for retirement. Then he will get income for going to school, and a job. Thank you for your help!

The cosponsor needs to meet the same requirements your fiance did, and fill out the same forms and provide the same evidence.

But yeah, it looks like you'll need a cosponsor, you're still in NOA1 with an RFE stage, so your interview isn't going to be for a while. It's at the interview you provide the evidence and by that time he won't be making any income. It's also recommended to have financial evidence that's closer to the interview date, and also still relevant.

And just as a note, even if you have income proof for a place he DID work, yes they can reject it. He won't be working there by your interview, and it's technically not proof of current income. Once he gets out of the air force it's past income.

The only income evidence they accept is evidence that is current at the time of the interview, so if he has a new job when you have your interview, he'll provide his tax transcript or tax return/W2 combo for most recent year (some people say last 3 years but most low fraud consulates only ask for most recent), and then financial information from the NEW job, as that's his source of CURRENT income at the time of interview.

While it's good you're already gathering info, make sure to regather financial info close to the interview date. I personally recommend researching and know what you need to gather, and then do the actual gathering a month before the interview.

Thanks for this - I thought I was safe, but it just dawned on me today. Getting a co-sponsor won't be an issue. But like you say, I'm planning in advance, and gathering docs now, so I need to ensure they're sufficient at the time of interview. thanks again, I feel like there is always something to worry about!

[Emmylou151 44]

In addition, we have gathered W2/stubs/bank letter for my fiancé - will we still need this if he isn't working by the time of interview?! If he has evidence of monthly retirement income, is that enough?

[baron555 934]

In addition, we have gathered W2/stubs/bank letter for my fiancé - will we still need this if he isn't working by the time of interview?! If he has evidence of monthly retirement income, is that enough?

You won't need those. Wait until you receive the NOA2 before you begin collecting financial stuff, including the cosponsor's.

Yes, if the retirement income annualized is above the poverty level for the future household size, it is enough.

[Emmylou151 44]

You won't need those. Wait until you receive the NOA2 before you begin collecting financial stuff, including the cosponsor's.

Yes, if the retirement income annualized is above the poverty level for the future household size, it is enough.

ahhh ok that is good news. So if we can prove that, then we potentially won't need a co sponsor if his retirement is enough?

[baron555 934]

ahhh ok that is good news. So if we can prove that, then we potentially won't need a co sponsor if his retirement is enough?

Yes

[Emmylou151 44]

sorry guys, one more question. When I eventually get to states, I will be living with my fiancé, my fiancés dad, and his wife. Does this mean we need to prove an income of $30,312 for family of 4? or is it a household of 3 (excluding me?). desperately trying to understand what I need!

[baron555 934]

sorry guys, one more question. When I eventually get to states, I will be living with my fiancé, my fiancés dad, and his wife. Does this mean we need to prove an income of $30,312 for family of 4? or is it a household of 3 (excluding me?). desperately trying to understand what I need!

Depends who is dependent on whom.

Does his dad list him as one of his dependents on his dad's tax return?

If yes, then the new household size is 4.

If not, then the new household size is 2, you and him. Just because he lives with them is meaningless. It depends who is listed as a dependent for tax purposes.

[Emmylou151 44]

Sorry to bring this thread up again.

My fiancé thinks that because his current stubs/bank deposits etc are enough, I won't need a co-sponsor? I see his point, as they are looking at current income and that is his current income until 4th December. Would it be safer to get co-sponsor?! I don't mind either way, but I am just concerned with delaying the process.....

[walran 24]

This is a concern to me as well.. I have assets, more than one house etc. but am having troubles with my tax returns as the accounting files got corrupted in Quickbooks and it may take more than a month or two to sort it out and get the final return filed.. Usually we file in October..

I can show cash, assets, etc. but may have my parents co-sponsor if needed if that is the sure thing.. on the I134. Anything to avoid delays seems to be a good idea to me..

[Emmylou151 44]

This is a concern to me as well.. I have assets, more than one house etc. but am having troubles with my tax returns as the accounting files got corrupted in Quickbooks and it may take more than a month or two to sort it out and get the final return filed.. Usually we file in October..

I can show cash, assets, etc. but may have my parents co-sponsor if needed if that is the sure thing.. on the I134. Anything to avoid delays seems to be a good idea to me..

I keep reading conflicting responses. Considering if you can prove the taxes paid and bank deposits, if my fiancé hasn't got a job at the time of my interview will it actually matter because he has still proved his income? You can't prove "projected tax" for something going forwards, even if he started his new job January or something, his taxes would be past evidence? We have someone lined up for joint sponsor but my fiancé is really trying to avoid it, and I just can't get a definitive answer.

I think, to be safer rather than sorry, we should both be looking at co sponsor route.