Need help with these questions on filling out forms for K1 Visa Interview

[BradLina]

Info about me first.

My fiance is from Colombia and is preparing for her Interview next month for a K1 Visa at the consulate in Bogota.

1. Her package mentions to her to fill out DS-230 form, but does not mention DS-160, which I thought was required for all K1 Visa applicants. So Do we just Submit DS-230 like it asks for? I guess in some circumstances DS-160 is not required. She has been to the United States before and lived there for 2 years on A J1 Visa.

2. In terms of supporting information such as tax returns I've heard just making copies of them and sending them is sufficient, because requesting one from the IRS is essentially a copy. Also with birth certificates I've just made copies of mine like when I sent it in my I-129F package.

3. I'm doing a joint sponsor with my father. On form I-134 for question 10 does my father just leave that blank since obviously he has not submitted any petitions. I would assume he just puts *none*. On question 11 what would my father put, because my fiance and I intend to live with him for about 6 months to a year first so I assume he would check the box saying *I intend* and put that he will provide room and board for us up to a year.

4. For Question 7 on I-134 form I don't have an annual income currently that comfortable with to put on my I-134 form since I didn't work towards the end of last year 2012 and half of 2013 inside the United States I was living abroad at the time. I have a new job now making an hourly wage + gratuity. Should I put an estimate or what my last tax return had on it plus my last 3 pay stubs I just got recently?

[mai95]

1. strange, I think it is wrong, but if embassy told you to that is what you do.

2. usually original signature is required/needed on Tax return, and no requesting them from IRS is not just a copy, it is called a IRS Tax Transcript, and most embassies prefer them over tax returns since many tax returns are just print outs from software programs and each is a bit different so they like the Tax Transcript since it is a standard form.

3. joint sponsors, hard to get approved for K-1 visa, it looks like your answers will be correct. read below about joint sponsors for K-1

4.yes put your est income but be ready to support the number you put. with letter from employer or paystubs.

Allot of discussion here about the K-1 visa not allowed to have a Joint Sponsor (Co-Sponsor).
So I did some digging and here is what I came up with.
They are allowed! It is just that they are not approving many of them. Why? Cause with a K-1 visa it is a non-immigrant visa and the affidavit of support that is used is the I-134 and this form is not a legally binding and they can not force the Joint Sponsor to pay back the U.S. government if the K-1 visa holder becomes a public charge. Also if you have a Joint Sponsor that is approved and the K-1 goes to the US and 90 days later you file Adjustment of Status there is nothing to make the original Joint Sponsor to continue the sponsorship. Also the Adjustment of Status affidavit of support form is the I-864 and that is a legally binding document.
So how can you improve you chances of getting your K-1 visa approved? Be very close to the poverty guidelines, have family act as joint sponsor, and they will consider how long the sponsor and fiance have known each other, do they have children together, etc.
So how much must a K-1 visa sponsor have to meet the poverty guidelines?
Officially it is only 100% of the poverty guidelines, yes that is correct 100%, so why does everyone say 125%? Because that is what most Embassies follow why? Because if the sponsor only meets 100% of the poverty guidelines how will they meet the 125% requirement when they adjust status 90 days after the K-1 visa holder enters the US.
Also assets can be used see the quote below.
The K-1 visa holder can not work until their status is adjusted and they have a green card or file for EAD.
Please read below and follow and save the links to help you in the future is needed.
"8. I am the petitioner of a fiancé(e) (K1) applicant. I am currently unemployed. Can I submit a joint sponsor?
As a petitioner for your fiancé(e), you need to be able to demonstrate your ability to maintain an income at or above Federal Poverty Guidelines (will be linked to federal poverty guidelines when posted on the blog). This will make sure that your fiancé(e) will not become dependent on the US government for subsistence.
If you cannot meet these guidelines it may be possible to have a joint sponsor. BUT you must know that the Embassy will need to consider a number of factors in order to accept this sponsorship. Joint sponsors are not legally bound to address the financial needs of the applicant and may not always be sufficient to overcome the immigration laws we need to follow. The consular officer will make a thorough evaluation of the sponsor. Things we may look at include: the the sponsor’s relationship to the applicant or petitioner, the length of time the sponsor and your fiancé(e) have known each other, etc.
And just a quick note, even if you are unemployed, your fiancé(e) will need to submit the I-134 form along with a copy of your most recent Federal income tax return (Form 1040). If you can’t do this, you should submit other evidence of your assets to meet the poverty guidelines. For example, you may want to submit bank statements, investment accounts, real estate, and/or pension statements. The assets owned by the sponsor and members of the sponsor’s household must be available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year."


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back to #1
I belive the confusion about the DS-260 and DS-160 is because the K-1 visa is actually an NON-immigrant visa, but is handled by the IMMIGRANT visa section/unit I call it an impending immigrant visa. fill out both forms, and bring the confirmation pages, and since they are online forms you might not be able even fill out the incorrect form.