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  • K1 Visa

    Hello everyone..

    I am planning on starting the k1 visa process shortly with my fiance, . I have been living in Spain as well for the past 3 years, (my fiance isn´t Spanish, but he´s been living in Spain as well for even longer) and I just came back about 3 weeks ago, and started a new job this week. My main concern in the financial requirement... at my job, I will be making above 125% of the poverty level for 2 people. However, since I have been out of the country for several years now, I don´t have any W2´s or anything. Will I have trouble meeting this requirement because I just started? I don´t really want to wait until the W2´s come in for next year, as this process is already too lengthy. Even if I did, I´d have less than 3 months of work in 2011. I thought about using a co-sponsor, but my family isn´t exactly financially well off... My mom is the only one who´s working, but my dad lives, there, and legally my brother still resides there, even though he has an apartment in another city. So she doesn´t make the amount for 5 people. (for 4 people it´s about 3,000 a year under, and if it must be five people, it´d be nearly 8 under). But, my parents do have some money in the bank (not a lot) and a house that´s probably worth about 120,000 (the mortgage isn´t entirely paid off, a few years left, if that makes a difference). Also, my dad lost his job in 2008 and was on unemployment until 2011, and now he is on social security. If I use my mom as a co-sponsor, will we be able to count the house as an asset to help increase the number? Will the unemployment hurt us? Can social security be counted? Or, as I prefer to do things by myself, will I be able to do it just having started a job? Any advice is greatly appreciate. I didn´t want to have to pay to consult with a lawyer, but if the situation is complicated, I would rather pay the money than run into problems with this later. Thanks for your help!!

  • #2
    Originally posted by lcs00 View Post
    Hello everyone..

    I am planning on starting the k1 visa process shortly with my fiance, . I have been living in Spain as well for the past 3 years, (my fiance isn´t Spanish, but he´s been living in Spain as well for even longer) and I just came back about 3 weeks ago, and started a new job this week. My main concern in the financial requirement... at my job, I will be making above 125% of the poverty level for 2 people. However, since I have been out of the country for several years now, I don´t have any W2´s or anything. Will I have trouble meeting this requirement because I just started? I don´t really want to wait until the W2´s come in for next year, as this process is already too lengthy. Even if I did, I´d have less than 3 months of work in 2011. I thought about using a co-sponsor, but my family isn´t exactly financially well off... My mom is the only one who´s working, but my dad lives, there, and legally my brother still resides there, even though he has an apartment in another city. So she doesn´t make the amount for 5 people. (for 4 people it´s about 3,000 a year under, and if it must be five people, it´d be nearly 8 under). But, my parents do have some money in the bank (not a lot) and a house that´s probably worth about 120,000 (the mortgage isn´t entirely paid off, a few years left, if that makes a difference). Also, my dad lost his job in 2008 and was on unemployment until 2011, and now he is on social security. If I use my mom as a co-sponsor, will we be able to count the house as an asset to help increase the number? Will the unemployment hurt us? Can social security be counted? Or, as I prefer to do things by myself, will I be able to do it just having started a job? Any advice is greatly appreciate. I didn´t want to have to pay to consult with a lawyer, but if the situation is complicated, I would rather pay the money than run into problems with this later. Thanks for your help!!
    As you are only just filing now you wont have to worry about the 134 till interview stage and by then you will have been working ,many months and as long as you earn above the 125% you will be fine. Don;t worry about that till you are approved.

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    • #3
      Poverty guideline requirements

      Hi.
      Please check the poverty guideline requirements on the US website .I guess it is important that your current income at the time of preparing the affidavit of support should meet the poverty guidelines .Or you need a cosponsor who can fulill these needs .
      Best of Luck.

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      • #4
        You will prove your income for her visa with a letter from your employer and recent pay stubs. Be aware that when she files for adjustment of status to get her greencard, you will do another Affidavit of Support, the I-864. Your latest tax return must be sent with it. You'll have done 2011 by that time. Becaude you only worked part of 2011, it won't show sufficient income so again show proof of current earnings with an employer letter and pay stubs. However the I-864 asks for information from the three most recent returns. For you it will by 2009, 2010, 2011. As a US citizen you are required to file a US return, even if working abroad. If you didn't, then file your back returns now so it doesn't hold you up later. It doesn't mean they will tax your Spanish earnings, but you are required to file and report them with the IRS each year while abroad.

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