ChrisandAdrian

Hi All,

Our I-129F has been approved and we are waiting for it to be sent from the NVC to the embassy here in Sri Lanka! Woohoo!

Regarding financial requirements, in 2011 I quit my job to work with my fiancé as a design consultation "team", our main client based in London. This allowed him/us to take on a lot more work, but to keep things simple we kept things in his name, with his bank account and paying UK taxes, especially as our work is for mostly UK clientele. So officially and on paper, at least according to the USA, I have been living abroad unemployed while being supported by my UK boyfriend.

When we move to the US is a 50/50 chance we will have to terminate our current work contracts as all our projects are based in Asia for UK clients, and not transferable to the USA. I however already have a job lined up for immediate start upon our arrival in the US. It more than meets the poverty minimums but, of course, I haven't started yet.

At present, we have plenty of evidence that we can support ourselves NOW and that we (or rather my fiancé) has a substantial income NOW. But once we move, I'll have a different job and our current source of income will no longer exist. So how should we present evidence of financial support? And how should I fill out I-134?

In my head, it makes sense that on my end I have my new USA employer mail me a contract on company letterhead stating my salary, sign it and then have my fiancé bring it with him for the interview as proof of my future employment and income. On my fiancé's end, he provides bank statements as proof of current income and money in the bank as evidence he can support himself.

Any thoughts? Would really appreciate any advice!

Cheers to all and thanks in advance!

BigBoss1984

I've had a lot of queries around this also - from my understanding to use your income on the affidavit of support, you must be able to prove that the income is continuing from the same source after your move to the United States. An offer of employment from a United States employer is usually not sufficient to prove that you can support yourself, from my understanding. Ian and Rene on this forum definitely have more experience here than me - and I'm sure they'll be along soon to help you out further.

Just a side note though, be aware that with a K1 Fiance Visa you can't work as soon as you arrive in the United States as you need to apply for work authorisation, you can do this via an EAD - which is only valid for 90 days and usually takes around 2 months to process (this can vary) - or when you apply for adjustment of status after you've got married in the U.S - which again takes around 2 months to process - you can get work authorisation this way.

You may have your bases covered with this - but I just wanted to make you aware incase you weren't.

Thanks,

Adam

Noorah101

Congratulations! But it's really "my" I-129F. Only the USC completes the I-129F, so it's not a joint application to be called "our". In the future, there will be joint applications.

OK, so you had zero income, and therefore have no US tax returns to show. This is not ideal. You need to write a statement explaining why you were not required to file a US tax return for each of the past 3 years.

To my knowledge, future income can't be used. It must be current income.

Fill out the I-134 honestly. If it asks for current income, and you have none, put 0. Where it asks for assets, if you have any (savings in the bank, property) list it. These assets must be in YOUR name, because you aren't married yet, his assets are not considered to be your assets. Present whatever evidence you have of current income in your name, or current assets in your name. If you have none of these, then you need to look at other ways of meeting this requirement.

As I said, I don't believe future income can be used.

Now we're getting somewhere. His current income probably won't count, as it may not continue once inside the USA. But his money in the bank could be beneficial. If he has significant savings of cash in the bank, then he can "self-sponsor" without using an I-134 from you. How much is enough savings in the bank? There is no set dollar amount. It will be up to the ConOff to determine if what he has is enough. As a very rough guideline, but by no means set in stone, you can use the I-864P figures found at Homepage | USCIS.

If his savings in the bank are not enough, and you also don't qualify to be his financial sponsor, then you can have someone else do an I-134 for him. Anyone age 18+, living in the USA can complete an I-134 and be his financial sponsor for the K-1 visa. They would need to be willing to provide 3 years of tax returns, proof of their current income/assets, and proof of their status in the USA. They do not have to be a USC, but the money has to be earned legally.

Rene

Noorah101

This isn't quite true. A K-1 visa holder is work authorized for their first 90 days in the USA just by virtue of having a K-1 visa. Whether they can actually work, depends on the employer. If the K-1 visa holder finds an employer who needs them to complete an I-9 (verification of employment), then they will not be able to, because they won't have any paper documents to show that they have this work authorization (an EAD). However, if they want to be self-employed, or they want to continue working for an overseas employer, they can legally do this during their first 90 days in the USA, without having an EAD in hand. So in the OP's scenario, if he's going to be working for his overseas employer, he can continue to do that for his first 90 days in the USA, without an EAD.

Rene

BigBoss1984

Thanks Rene - so it'd be possible to work remotely in the United States for an international employer just on the K1 alone?

Would this 90 day work permit still be valid if the AoS was filed within the 90 day period for the K1 visa?

Noorah101

Yes.

There's no "work permit" involved. It's written into the terms of the K-1 visa itself. Yes, the authorization to be able to work is valid the first 90 days no matter when AOS is filed.

Back in the days before the I-9 form existed, a K-1 visa holder could work for any employer in the USA during the first 90 days. But when the I-9 was created, it didn't account for K-1 visa holders who do not yet have an EAD, unfortunately. If a US employer wants to hire a K-1 visa holder and NOT complete an I-9, they CAN, but they could get a fine for doing so.

Oh, and if you end up working beyond those first 90 days, USCIS forgives this "unauthorized work" anyway.

Rene

BigBoss1984

Hey Rene,

I've took this from the USCIS website - just for clarity on this as it's not worded great, the I-765 is applied for when the non immigrant wants to work past the 90 day K1 visa - is that right?

'Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.'

Noorah101

No, that blurb doesn't have anything to do with working past the initial 90 days allowed. That blurb is just pointing out that upon entry, the K-1 visa holder can apply immediately for an EAD (and as we all know, that's not going to help, because it takes 90 days to even receive that EAD, and it will only be valid the first 90 days in the country, so by the time you get it in hand, it will be close to expiring, so it's useless). Then the blurb goes on to say that another EAD can be applied for at the same time as AOS (which we know and recommend). The blurb is calling that an "extended work authorization" when it's not an extension of the first one at all. It's a new one.

So basically, the K-1 visa holder arrives in the USA on Day 1. He is work authorized "incident to status" for 90 days just by virtue of having a K-1 visa, but he won't have any physical proof of this to show a US employer. So he can apply for an EAD immediately (at his own expense, this EAD is not free). That EAD can only be valid from Day 1 to Day 90, no matter when he applies for it. Since it takes between 60 to 90 days to get that EAD in hand, it's useless to spend the money for it and then have it only be valid a couple of weeks (as it will expire on the 90th day after arrival in the USA).

As part of AOS, you can file the application for EAD at no charge. So this is what most people wait to do. I've not heard of anyone applying for that initial EAD at their own expense, simply because it doesn't pay to do so.

Rene

ian-mstm

This is true only for the spouse of a USC... just in case someone else reading thinks it's true for anyone!

Ian

ChrisandAdrian

Thanks everyone. We have quite a bit of savings between the 2 of us. Perhaps if he submits both our bank statements for our respective savings accounts that will be enough, even if I haven't officially drawn an income for the last 4 years.

ian-mstm

Unfortunately, since you're not yet married, only one source will be considered. After marriage, your combined income and assets will probably be sufficient for the I-864... but that doesn't help you right now.

Ian

Noorah101

Since you're not yet married, your assets can't be considered joint. You can, of course, give it a try. If the ConOff doesn't accept it, they will postpone visa approval, and will give you time to get what you need and resubmit. Once they review the new information, if acceptable, they can approve the visa.

Rene

ScottUK1990

Sorry to butt in, but since it was mentioned on this thread (and saves me starting a new one) - What is the process of self-sponsoring for K-1? How would I go about that?

My fiancee earns enough, but only just (we've done her I-134). However we will be living temporarily with her parents, and I additionally have a significant amount of money in savings. Just concerned the interviewing officer won't like it so figured I could take a back-up (self sponsor information).

ian-mstm

If you're the non-USC fiancé(e), you'll likely need assets at a minimum of 3x the amount of income that you'd otherwise need. Check the I-864P for amounts (I'm guessing 2 people, so roughly $60,000) - but keep in mind that the officer isn't obligated to accept your assets to self-sponsor.

Ian

ScottUK1990

Thanks Ian, I'll have a look now. Would I fill out an additional I-134 as a self sponsor?