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Will getting a new job mess the K1 up?

Will getting a new job mess the K1 up?

Old Aug 3rd 2002, 3:49 am
  #1  
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Default Will getting a new job mess the K1 up?

Hello all!!

Ok, we're still in the researching/preparation phase for the K1 visa, and won't be filing anything until a few months from now. This is just the most recent question to pop into my head...

At the moment, I am in a job in which I do NOT earn 125% of the income requirement. (I am the USC.) I plan to get a new, better-paying job by the end of the year.

I guess I'm just concerned that when I supply a letter from my new employer, stating I've been employed only a couple of months (or whatever it will be by that time), that will work against us. I've been in my current job for a year now, so I would think the continuity would work in our favor. Applying for the K1 or not, I need to get a new job regardless, as my current job isn't paying enough for me to pay all my bills, etc.

So, I have three questions:

1) Will my getting a new (albeit better-paying) job negatively affect our K1 application?

2) Should I consider getting a letter from my soon-to-be former employer, stating how long I've been working there, and for how much -- kind of as an explanation for why I left?

3) Does it matter how long you've been earning above the 125%? If my new job's income exceeds 125%, but I've only been there a couple of months by the time we apply for the K1, should I still get a co-sponsor?

Thanks in advance...

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Old Aug 3rd 2002, 2:41 pm
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Default Re: Will getting a new job mess the K1 up?

Anyone? Anyone??



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Old Aug 4th 2002, 3:20 am
  #3  
Joey
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Default Re: Will getting a new job mess the K1 up?

Jenny

No it won't matter if you get a new job at all....As long as you have one. It does,
however, matter if you haven't made 125% of the income requirement for the past
"three years". Even if you have a job now that makes 125% (or for the past couple
months even) it won't matter. I would suggest lining up a co-sponsor. They have to
be an American Citizen and would have to have made the 125% requirement for the
past three years as well. (Just to note if they have, for example, three people in
their own household, then they would have to have the 125% requirements for all
people included.

Joey

<Jenney &amp>; "Mark" <[email protected]> wrote in message
news:[email protected]...
    > Hello all!!
    >
    > Ok, we're still in the researching/preparation phase for the K1 visa, and won't be
    > filing anything until a few months from now. This is just the most recent question
    > to pop into my head...
    >
    > At the moment, I am in a job in which I do NOT earn 125% of the income requirement.
    > (I am the USC.) I plan to get a new, better-paying job by the end of the year.
    >
    > I guess I'm just concerned that when I supply a letter from my new employer,
    > stating I've been employed only a couple of months (or whatever it will be by that
    > time), that will work against us. I've been in my current job for a year now, so I
    > would think the continuity would work in our favor. Applying for the K1 or not, I
    > need to get a new job regardless, as my current job isn't paying enough for me to
    > pay all my bills, etc.
    >
    > So, I have three questions:
    >
    > 1) Will my getting a new (albeit better-paying) job negatively affect our K1
    > application?
    >
    > 2) Should I consider getting a letter from my soon-to-be former employer, stating
    > how long I've been working there, and for how much -- kind of as an explanation
    > for why I left?
    >
    > 3) Does it matter how long you've been earning above the 125%? If my new job's
    > income exceeds 125%, but I've only been there a couple of months by the time we
    > apply for the K1, should I still get a co-sponsor?
    >
    > Thanks in advance...
    >
    > ~ Jenney
    >
    >
    >
    > --
 
Old Aug 4th 2002, 3:51 pm
  #4  
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Default Re: Will getting a new job mess the K1 up?

Originally posted by Joey
No it won't matter if you get a new job at all....As long as you have one. It does, however, matter if you haven't made 125% of the income requirement for the past "three years". Even if you have a job now that makes 125% (or for the past couple months even) it won't matter. I would suggest lining up a co-sponsor.

Joey


Thanks for your reply, Joey. I know I need a new job, immigration or no immigration, but it's nice to know that this shouldn't interfere with our efforts.

Just a couple more questions...

I didn't realize I had to have made 125% over the past THREE YEARS when doing the K1. I thought that was only required when we apply for AOS. I've heard of people who got the K1 approved without a co-sponsor, but needed a co-sponsor for AOS. That's why I'm confused.

QUESTION 1 - So I need a co-sponsor for the K1, not just AOS?

[The co-sponsor] has to be an American Citizen and would have to have made the 125% requirement for the past three years as well. (Just to note if they have, for example, three people in their own household, then they would have to have the 125 requirements for all people included.

QUESTION 2 - I know when I co-sponsor Mark, I need 125% for a household of 2 (me and Mark). Does our co-sponsor have to make 125% for their household number PLUS one (to account for Mark)? This would make the most sense to me, but I just want to be sure.

Also -- a related question -- if the co-sponsor's household changed from 2 to 3 people within the past three years, do they have to meet 125% for the respective household number for those tax years? Example: My brother's household was two in 1999 and 2000, but baby in 2001 made it three. (I think I know the answer to this, but just asking...)

Thanks again...

~ Jenney
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Old Aug 5th 2002, 3:20 am
  #5  
Joey
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Default Re: Will getting a new job mess the K1 up?

Jenny,

This should help shed a little light.....(You might want to check out
k1.exit.com...good site for K1 Info)

Question: What if my current income is ok, and my last year's tax return meets the
125% requirement, but my two years of tax returns prior to that do not meet the 125%
poverty line requirements?

Answer: The I-134 affidavit will not be a problem at most consulates, because they
generally do not ask for tax returns, and even self-employed individuals only have to
present the last one year's tax return. However, the I-864 affidavit that is filed at
adjustment of status will require all 3 years of tax returns. At this point, the
decision is made by the local INS office as to acceptance of insufficient amounts on
tax returns: generally, the local INS offices seem to place the most weight on the
current income and the previous one year's tax return, especially if there was a good
reason why the two years of returns prior to that were insufficient (such as being a
student). If you are in doubt, it is always a good idea to have a co-sponsor all
lined up and have an affidavit from the co-sponsor, just in case the local INS office
requires it in addition to the sponsor's (spouse's) affidavit.

It looks like the original K1 doesn't have to meet the requirements right away but
you will eventually have to have someone sponsor you who does meet the
requirements. If you are planning on doing the K1 and don't think you can "ever"
get a co-sponsor then yo might be in trouble. If you are just worried about getting
the K1 and then worrying about the co-sponsor later (during AOS) then you should be
fine (until AOS time)

As far as the number of people in your household...The way I understand it is if
there is a new baby in the house now and he/she is living there permanently, then you
would have to count them. I'm pretty sure the INS is only worried about how many
people are living there in present time. If they previously had someone there a year
ago, but isn't there now, then you wouldn't count them.

Hope that helps!

Joey

<Jenney &amp>; "Mark" <[email protected]> wrote in message
news:[email protected]...
    > Originally posted by Joey No it won't matter if you get a new job at all....As long
    > as you have one. It does, however, matter if you haven't made 125% of the income
    > requirement for the past "three years". Even if you have a job now that makes 125%
    > (or for the past couple months even) it won't matter. I would suggest lining up a
    > co-sponsor.
    >
    > Joey
    >
    > Thanks for your reply, Joey. I know I need a new job, immigration or no
    > immigration, but it's nice to know that this shouldn't interfere with our efforts.
    >
    > Just a couple more questions...
    >
    > I didn't realize I had to have made 125% over the past THREE YEARS when doing the
    > K1. I thought that was only required when we apply for AOS. I've heard of people
    > who got the K1 approved without a co-sponsor, but needed a co-sponsor for AOS.
    > That's why I'm confused.
    >
    > QUESTION 1 - So I need a co-sponsor for the K1, not just AOS?
    >
    > [The co-sponsor] has to be an American Citizen and would have to have made the 125%
    > requirement for the past three years as well. (Just to note if they have, for
    > example, three people in their own household, then they would have to have the 125
    > requirements for all people included.
    >
    > QUESTION 2 - I know when I co-sponsor Mark, I need 125% for a household of 2 (me
    > and Mark). Does our co-sponsor have to make 125% for their household number PLUS
    > one (to account for Mark)? This would make the most sense to me, but I just want to
    > be sure.
    >
    > Also -- a related question -- if the co-sponsor's household changed from 2 to 3
    > people within the past three years, do they have to meet 125% for the respective
    > household number for those tax years? Example: My brother's household was two in
    > 1999 and 2000, but baby in 2001 made it three. (I think I know the answer to this,
    > but just asking...)
    >
    > Thanks again...
    >
    > ~ Jenney
    >
    >
    >
    > --
 

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