Rammy1964

I am currently considering options with regards marriage to my USC Fiance.
K1 probably, but also possibly travel to US, marry her, leave and apply for a CR1.

I do have some questions relating to the financial aspects of all of this and I was hoping someone could enlighten me as both my and her financial positions are not the norm.

Her:
She has a low paid job and is paid in cash, filing no annual tax returns. She has no debts, but no savings either.

Me:
For the past 14 months I have been employed in the UK by my company and have earned income as self-employed. For the prior 3 years I was no longer UK resident and was a tax nomad, and accordingly have not filed UK tax returns. I do have savings and controlling ownership of a company with significant value.

If I go K1 route and she files I-129F etc what are the requirements, if any, for her to have savings or other assets. Our intent is that we will live off my income, which is significant and she would give up work. Do i understand there are some financial sponsorship requirments/criteria for her to meet?

Does she have to show tax returns? Do I? What if I can't show tax returns but can show substantial assets, does that help me?

If we go CR1 route, does that change any of the financial requirements, making things easier for us given my unusual circumstances.

Could I act as sponsor, or do my assets qualify jointly once we marry?
What would be the requirments for a "joint sponsor"?
Could I just gift her cash so she can sponsor the process?

Thanks in advance - any thoughts, criticisms, help gratefully received.

Andy

Noorah101

Go to www.uscis.gov. Look at form I-134 (affidavit of support for K1 visa). Then look at form I-864 (Affidavit of support for CR-1 visa). Also look at form I-864P for the income/ asset guideline.

These forms and their instructions will tell you everything you need to know.

Rene

Noorah101

By the way, she is required to report cash income to the IRS. The only way she would not be required to file a tax return is if her income (cash or otherwise) is below a certain threshold. Details are at www.irs.gov.

Rene

ian-mstm

Under law, all USCs are required to file an annual tax return unless their income is below the IRS threshold for filing. For 2015, that threshold is $10,300... so if your USC fiancée earned above that amount - even if her income was in cash - she was obligated to file a tax return.


She, or someone else, must demonstrate income of at least $16,020 (or assets at $48,060) to be your sponsor for a fiancé visa.


Yes, unless she was not obligated to file because her income was below the filing threshold (see above).


No. Your finances are pretty much irrelevant at this stage of things.


Yes. She must demonstrate income at $20,025 (or assets at $60,075) in order to be your financial sponsor. If, however, you're married, then your assets are considered joint and can be included in that amount.


A joint sponsor would need to demonstrate income at 125% of the poverty level for his household + you, or assets at 5x that amount. See form I-864P.

Ian

tom169

If income is an issue, remember that entering on a K-1 will make you ineligible for work by a US employer for some time after entering - until you're married and adjusted.

CR-1 will allow you to work the second you enter.

ian-mstm

Or, more correctly, until you're married, file to adjust status, and get an EAD.

Ian

Pugilation

In terms of timing, both routes should take approximately the same elapsed time. However as pointed out above, if you are on K1 you can only take her income and assets into account, and you cannot work in the US until you get the EAD approved (about 3-4 months after arrival and marriage). If you go now, marry, and then CR-1 you should be able to count combined assets and then work as soon as you arrive.

Good luck!