Do I need a job to file for a K-1 visa?
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Having a job or income isn’t required at any point during the K-1 visa process. But you must still be able to pay all fees and find a joint sponsor for the I-134 Affidavit of Support.
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Not meeting financial requirements is one of the leading causes of K-1 visa denial at the interview. No kidding. It’s one of the top reasons people are turned away. And it’s partly because people are confused about income / job requirements.
Here are some of our typical confusions:
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- ○ Do you send an I-134 Affidavit of Support with your I-129F packet?
. - ○ Do you need to have a job/income to submit your I-129F petition?
. - ○ What happens if you’re suddenly fired (hired, quit or retire) before the K-1 visa interview?
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Confused petitioners stress out and fear they’re going to get denied. And end up making bad decisions. For example, some people wait months before filing the I-129F believing they need to have a job first (you don’t have to). Meanwhile they could’ve saved precious time and filed already.
My own example: when I graduated college and began working full-time in July, it was only half the year. That meant my tax returns only showed half the income. That got me worried about meeting requirements for my I-134. However, I did some research and found out what to do to avoid a denial. But, you can imagine my anxiety in the meantime.
So, let’s talk about income / job requirements in the K-1 visa process so you don’t make bad decisions either. And If you’re technical like me and curious to know where this law comes from, you can check here: Public Charge (INA 212(a)(4)).
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By the way, before we go further, let’s quickly define job / income: it’s any source of legal income such as employment, social security, stocks / dividends, royalties, assets, etc.
Alright, now let me break down the major points here:
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You don’t need to have/maintain a job during your fiance K-1 visa process
Here’s the golden rule: You don’t need to have a job / income at all during the entire K-1 visa process. As long as you can pay the fees and use a joint sponsor, you’re all set.
Picture this: you’re a college student working part-time (or not at all) and want to sponsor your foreign fiance for a K-1 visa. Do you have to graduate and find a full-time job before filing? Meaning, are you stuck waiting until you start working and make minimum income? Or can you file the I-129F now and figure it out later?
Now, picture this: what if you’re already working full-time but switch jobs (or get fired) during your fiance visa process. Is this a problem? What will they ask at the interview? and what do you do?
Finally, imagine that you start the I-129F without a job, but now you land a job / income — what do you do now? Do you have to tell them anything?
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Should I wait to find a job, then file my fiance’s I-129F?
If you’re unemployed, should you wait to land a job before you file the I-129F?
That’s not necessary; but it’s up to you. Keep in mind, as long as you can pay the fee, that’s all that matters at this point. They only look at your financials during the K-1 visa interview several months later. So, you have time to think of a solution.
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► Example
You don’t make the minimum income requirements before submitting the I-129F. However, you’ll find a full-time (or higher-paying) job soon. Should you wait to file to improve your chances of approval?
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Well, no. You can file the I-129F to get the process going. And between now and until your interview (several months later), you land a job that meets minimum poverty limits (I-864p) just like how I did. Otherwise, you have the option to use a joint sponsor (like a parent/relative) for the K-1 visa interview.
And NO, having a job while filing the I-129F doesn’t improve your chances of approval (but it does matter for the K-1 visa interview).
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And, don’t make the mistake of submitting the I-134 now, either. It’s simply NOT required in your I-129F paperwork. In fact, nothing about financials is asked for. Unless there’s a rare chance the USCIS asks you about it with an RFE (rare).
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Do I need to have a job before the K-1 visa interview?
The US Embassy’s instructions say your fiance must bring an I-134 Affidavit of Support to prove he/she will be taken care of financially in the US.
Here’s a bunch of scenarios that a lot of people are in:
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- ► Example: if you haven’t graduated or you’re still looking for a job, how can you comply with income requirements? (answer: use a joint sponsor or show other income – such as dividends, social security, assets, royalties, etc.)
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- ► Example: let’s say you graduate and find a job, can you become the primary sponsor even though you weren’t working when you filed the I-129F? (answer: yes, fill out the I-134 with your latest job / income information)
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- ► Example: What if you’re already working but find a better-paying job, can you become the primary sponsor instead of relying on a joint sponsor? (answer: yes, again, fill out the I-134 with your latest job / income information)
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YOU, yourself, don’t need to have a job or income for the K-1 interview. An eligible joint sponsor can usually replace you and show income support with the I-134 (granted it meets minimum poverty limits).
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What if I get fired, retire, or switch jobs during the K-1 visa process?
For any big event — like getting fired, switching jobs or even retiring — you don’t immediately have to inform the USCIS or US Embassy about it. Here’s a look at what you need to do and the different stages of your K-1 visa process.
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- ► Before you file the I-129F petition. Any job event like firing, retirement, or switching, doesn’t need to be disclosed. You only inform the USCIS about your current employment situation in the I-129F forms — whether you’re employed or unemployed.
Again, they’re not asking for proof of income/job at this point. They simply want to know your current employment situation.
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- ► After you file the I-129F petition. Any job event after you submit your I-129F doesn’t need to be immediately given to the USCIS or US Embassy.
The only real step you take is to update your information when the time comes to file the DS-160 form online. Then, you collect your financial proof for the I-134 in preparation for the k-1 interview.
Remember that because you have a job event, some of your older documents (like tax returns, etc.) won’t accurately reflect your new employment status. That’s why you should bring an employment verification letter along with the I-134 Affidavit of Support.
If all else fails, you always have the option of using a joint sponsor.
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Should I use a joint sponsor even if I make enough?
You should try to be the primary sponsor yourself and avoid potential issues with using a joint sponsor. Embassy Officers like to see US petitioners taking on the responsibility.
If you make close to minimum, I advise having a joint sponsor as a backup. In other words, if you make just enough to match the 125% limits of the I-864p, you should consider having a joint sponsor in case the Officer isn’t satisfied with your income.
Most of the time joint sponsors are acceptable for the I-134. Sometimes you can have problems:
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- ► Joint sponsors may not be allowed. Some Embassies don’t allow joint sponsors or it may be on a case-by-case basis. So, you may be stuck and have to be the primary and figure out how to comply.
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- ► Joint sponsors may be rejected. Interestingly, US Embassy officers can reject eligible joint sponsors if they feel that the sponsor won’t fulfill the responsibility of financially supporting the K-1 beneficiary.
It based on how convinced the Consular Officer is with the relationship between the joint sponsor and your fiance. Is it a close relation or just a “friend”? Is the sponsor likely to uphold his/her end of the deal?
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Does my K-1 visa beneficiary need a job?
There’s no requirement for your fiance to have a job, income, bank balance or even an education for that matter. As long as he/she meets all k-1 visa eligibilities (no immigration violations, no listed criminal history, etc), that’s enough.
But, if you fiance is working, then there’s a chance you may be able to use his/her income as part of your I-134 if you’re having trouble meeting requirements yourself. However, that’s on a case-by-case basis.
And not everyone is allowed to use their foreign fiance’s job/income as a source. The rule is that the income source must stay the same after moving to the US in order for the beneficiary’s job to be considered.
As a general rule of thumb: use your beneficiary’s job/income/bank balance as a last resort because you never know if it’ll be approved by the Embassy.
I hope that clarifies confusion regarding having a job/income for the K-1 visa process. Remember, having a job/income is not required as long as you can pay the visa fees and find a joint sponsor willing/able to help.
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Have questions about job/income requirements during the K-1 visa process? Let’s talk about it below…
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I have a question about the entry into the US. Does my fiance have to depart from the country which issues the visa. For example if she lives and works in Country A, her visa interview will be held and issued in Country A. After receiving the visa can she visit country B (her home country) and from there fly to the States? Basically we want to visit her family in her country before flying to the states using a K1 visa.
Hello so my sponsor didn’t make enough last year to meet the poverty guidelines for K1 visa. He has been working at a permanent job for about three months now that makes twice as much as the poverty guidelines will we be good with just the job
You wrote:
you’re not required to have a job / income during the k-1 visa process. As long as you can pay the fees and find a joint sponsor, you’re good to go (but this depends on the embassy’s specific rules, too).
What about ASSETS?
Hi there, I have a question in regards to the time frame after the K1 interview.
So, I am the petitioner and original supporter for the I-134. I quit my job a week before my fiancé’s scheduled flight to the US. He’s already past the K1 interview and has his visa in hand, now he just needs to enter the United States so we can get married. My job was starting to affect my health, so I decided to quit. I am actively applying to other jobs, but I am a little concerned if this will affect his ability to enter/stay in the US. If I don’t have a new job by the time we need to file the I-485, I have a solid joint sponsor ready, so that shouldn’t be a problem. I’m just hoping that since we were already approved at the K1 interview and he has the visa, that he will be able to enter into the United States without issue until we need to file the I-485… but I’m not 100% sure.
Any information on this would be appreciated. Thanks!
Hello, I am very thankful to find this website with plenty of useful information. As a petitioner, I am the only one who does all paper work, correct? My fiance only has get preprare for interview. I was wondering if he has to file any document at some time of the process?
I really appreciate your time.
Thank you in advance!
Best,
Leidy Astudillo
Hi Prem,
I am appreciating your help and suggestions. I am going on unpaid maternity leave around the same time my fiance will go for the interview. I made double the rate necessary and will have my job after I take my maternity leave but my job won’t pay me as I recover from the birth and take some time with my baby.
Will I need a co-sponsor because of this or will my fiance be able to explain the lack of income in those months in his interview and in our adjustment of status application?
Your articles have been so helpful, thank you! I submitted my I-129F in Feb 2020, and received confirmation from lockbox that it was accepted. I recently lost my job during the corona pandemic and since my mom works at a hospital in a coronavirus wing I thought it would be best to stay home longer. I am not claiming unemployment but I am going to go back to school full time next semester with FAFSA (which will be the first time I will be able to take full time classes since I’ve always worked and studied before) having said that, now I’m worried that if our application is approved in “x” months I might not be able to find a job that could replace my previous income, or that would be flexible with my full school schedule. I submitted my I-134 with my I-129F, and I was content with that until I read this article. Should I be worried? Is my only real option now to get a joint sponsor? (I was really trying to avoid that)
Thank you for your time in advance!
Hi, thank you for article. My scenario is this, I want file my i134, but I am planning to quit my job a few weeks before the interview. I am doing this because of personal reason against my work place, but really I want the time off to be with my fiance. Is that a smart thing to do? Should stay the course and keep my job until she’s in the states?
Hello,
Great article! I did have one question pertaining to starting a new job-
If I just graduated and started a job that meets the income requirements, there is no requirement that I have held that job for a certain period of time?
I graduate in May and begin my job in August of this year, but my w-2 for last year and this year will reflect income below the required amount.. however, monthly income projected forward for a full year would put me well-above the requirements.. So if I prove I have been working at a job for a few months that would satisfy the yearly income requirement, is that enough? I don’t have to show I have already earned the required amount – just that I am in a position to earn the required amount, right?
I really appreciate this resource! Thanks in advance!
Thanks do much Prem these emails that you send daily are so helpful and make me feel A little more secure in my filing. However I sm getting ready to take the course with you so i Can be less stressed during this process.
Can you fill out the I 29 before you are ready to file it officially? How do you obtain a copy?
Hi- thank you for this article, it is very helpful. I am currently unemployed right now because I’m traveling with my fiancé but I will eventually return to the US and find a job. I want to start the paperwork process as you’ve recommended but am wonderingly what I should put as the current employer. Would I put none? I have enough money in my bank account to support us both.
Additionally I do have family that has their own business in the US. If I were to claim to be employed by them, would they verify those details in anyway? Thank you!
Hello guys I’m really puzzled right now because I’m supposed to mail the affidavit of support along with other documents to the embassy in Cairo before scheduling an interview, we want to use my uncle ( me as in the beneficiary ) as a joint sponsor since me and my fiancee are moving in with him to NY because he found me a job and is helping us by staying at his place until I adjust my status . but most importantly because my fiancee the petitioner has only started working in March since before that she had to take care of her very ill father for years before he passed away and she’s 25.
so even though she started working in March she won’t be able to meet the 100% minimum requirement I think, because she makes 10$ an hour working 60 hours a week or more on average ( since she’s a housekeeper and it always depends ) so that won’t be adequate will it? , but my uncle doesn’t even fully make the 100% minimum requirement he’s like 300$ short or something since he has 3 dependents.
And unfortunately we don’t have enough time to find another joint sponsor so my question is should we go ahead with my uncle as the joint sponsor or without a joint sponsor at all?
I’m so sorry for the lengthy question but we’re really freaking out since we’ve been together for 7 years and we need to finally start a new life together, what should I do?
I’m the one that’s going to move, so I’ll end up quitting my job when the time comes anyway. My partner living in the States will have the affidavit of support for us… I was just asking because in a previous comment Prem talked about the public charge thing when I mentioned my sick leave and if that would look bad to them even though I’m the beneficiary.
“I’ve never been dependent on money from the government except during this sick leave. Before that I’ve been able to study and/or work full time. My prognosis is good, and I’ve never tried to commit suicide or have scars anywhere on my body from hurting myself or anything like that. I’ve been getting treatment at an out patient clinic (I’ve never been hospitalized!) and I don’t need to see my psychologist as often anymore and I’ve also started to get off my medications (for depression and anxiety) which is going well. The plan is for me to start working 50 % by December, so everything is pretty much going forward. By the time I get the visa and am ready to move I should be finished with my treatment altogether and hopefully I’ll be off all of my medications as well. I’m about to start the process of getting a licence to work as a nurse in Illinois where we’ll be living, so the plan is definitely for me to work. Perhaps part time in the beginning, though, we’ll see. But either way, with the affidavit of support we’re pretty much saying that I wouldn’t be depending on the government for money or anything like that anyway… and my fiancé has never had any problems economically which should indicate to them that we’ll be okay, right?”
This is where I’m at now. Should this situation matter to them when I go to my medical or interview or anything like that? I’m sure my doctor can write a statement or something too if that’s needed, and like I said… my fiancé has a job and he will support us. I want to work too, though, but that’s a different story.
Hello again,
I’m wondering if you have any thoughts or tips or anything on my previous comment about my medical history in relation to the sick leave and my ability to work? I would really appreciate anything you might have to say about that or if you know anything of other peoples experiences concerning this.
Oh, and another thing… At the top of the page at https://www.uscis.gov/greencard/public-charge it says that USCIS can’t implement this rule anywhere in the United States due to judges orders. So what does this mean for the Public Charge? They can use it or they can’t? Or they just can’t use it right now?
Thank you for answering so quickly, Prem!
I assume you meant the link in the text about Public Charge? If so I read it and tried to understand what they mean. I’ve never been dependent on money from the government except during this sick leave. Before that I’ve been able to study and/or work full time. My prognosis is good, and I’ve never tried to commit suicide or have scars anywhere on my body from hurting myself or anything like that. I’ve been getting treatment at an out patient clinic (I’ve never been hospitalized!) and I don’t need to see my psychologist as often anymore and I’ve also started to get off my medications (for depression and anxiety) which is going well. The plan is for me to start working 50 % by December, so everything is pretty much going forward. By the time I get the visa and am ready to move I should be finished with my treatment altogether and hopefully I’ll be off all of my medications as well. I’m about to start the process of getting a licence to work as a nurse in Illinois where we’ll be living, so the plan is definitely for me to work. Perhaps part time in the beginning, though, we’ll see. But either way, with the affidavit of support we’re pretty much saying that I wouldn’t be depending on the government for money or anything like that anyway… and my fiancé has never had any problems economically which should indicate to them that we’ll be okay, right?
My fiancé has recently sent in the I-129F, has a job and should be able to be the primary sponsor. I read here that it shouldn’t matter if I don’t have a job or any saved up money or anything like that. But my question is if it will look bad if I’m currently on sick leave? I’m a nurse and I have a job… but I’m still only working 25 % after having been on full time sick leave for several years due to PTSD, anxiety and depression. I should be able to work normally in the future, but there’s no proof of that(?)… Will this matter as long as we have the affidavit of support? After all… I want the visa so that I can marry my fiancé and be with him and not so that I can make a career in the States. So it shouldn’t matter… right?
Hello kind Sir ,
I have a question:
I am the petitioner. My fiancee has a scheduled interview on September 6 2019. I was previously employed but quit my job in May 2019 because I got a better job offer ( Sep 23 2019). I went to spend time with my fiancee in her home country for 2 months because she is pregnant.
In DS 160 application I put I was employed in occupation ” Business”
What should I put in I-134 Affidavit of support as far as occupation? Employed , not employed. I have an official job offer letter and a start date Sept 23 2019.
Would the immigration officer make a big deal because I put employed in DS160 but im not yet employed
Hi,
This may be a dumb question but I am confused, if I need a joint sponsor do I send the affidavit with my petition or is that form only required for the interview? I don’t want my case to be denied because of insufficient funds when the petition is sent for review.
Thanks
Question please do we send our original hotel receipt and bording pass with I 129 package or photocopy thanks
I don’t understand why you said I have pass 2 years limit? I went to African April 24 2017 and we are together till May 22 I taught if I can still filled before that May 22 I’m still good please what did you think about that thanks
QUESTIONS According to 2019 income requirements AND 125% poverty guidelines. I make $28,000 in 2018 before tax deduction did I qualify to sponsor my fiance or I should find joint sponsor thanks
QUESTIONS According to 2019 income requirements AND 125% poverty guidelines. I make $28,000 in 2018 before tax deduction did I qualify to sponsor my fiance or I should find joint sponsor thanks
Hello sir, Please I have Questions? I have been dating my fiance since 2012 and I travel to united states 2013 and I become citizen this year, but we don’t have any pictures together until when I went home again in 2017 we spend 4 weeks together and we have pictures for only that 2017 We Also have proof of chatting on Facebook since 2015, And i want to know what they mean by within 2 years? Because i travel in april 2017 and this is April 2019 and I’m planning to get started May this hope we still good? please How did you want me to build my case? Is that ok for me? thanks
Hi Prem,
I’m the petitioner. My fiancé works has his own small business in his country, however he doesn’t file taxes for his income and it’s not registered anywhere. Will this be a problem for us? I assume that details about my fiance’s employment are asked on the I-119f form for the purpose of a background check, but since this is informal employment, how will they react to it? Thanks, L
Hello I’m planning to file fiancé visa for my boyfriend in the Macau we have a son, my son and I are here in the u.s.But unfortunately I don’t have a work yet and almost done with college. I couldn’t work yet since my mom is working nobody is going to take care of my son. Is it still possible to get approved in this situation? Thank you so much
Sorry, one more follow-up question!
So you said that it is my choice to either be the primary sponsor or use a joint sponsor, but I am now wondering if I can be the primary sponsor and fill out the I-134 form PLUS send a joint sponsor as a “just in case” type of deal just to be safe or is that unnecessary do you think?
Thank you again Prem!
Thank you so much Prem! your posts and reply have really put my mind at ease!
Hi, thank you so much for this post.
My fiance’s interview is coming up next month and I have been unemployed because i have just graduated from university abroad (never paid taxes before either so no IRS tax returns) and was planning on having my father be used as the joint sponsor. However, I recently got a job and will be getting my first paycheck before my fiance’s interview. Would it be safer to still use my father as a joint sponsor or would it be better for myself to fill out the i134 form as the primary sponsor?
I have been a full time graduate student for the past 2 years and the last income tax I filed was from 2016. I get large check deposits from my financial aid twice a year, fall and spring, that technically exceeds 100% poverty level. This will continue for the next 2 years until I graduate and can work full time. With joint sponsors, how will this financial state affect chances of K1 approval? Thank you.
hello sir i am in trouble while filling for I 134 form for fiancee visa. I have heard i need to meet minimum poverty line; which is $ 16460 to finance my fiancee to enter into U.S. but i only have $11820.00 annual income in 2018 and have $15000 to $20,000 in my bank account. plz give me a best suggestion to file I 134. Should i file with co sponsor or i am good to file on my own? hope for ur soon rpy.
Hi, I am the petitioner. Because my fiance and I have both lived in China for 5 years I don’t have income or bank statements from the U.S. ( only from within China) . My parents will be the joint sponsor and are filling out all the tax forms , affidavit of support and financial forms…my question is … If i have no income and recent banks statements within the U.S. and since my parents are going to be the joint sponsors , do i still need to fill out all of these forms as well? or is it ok if only the joint sponsor fills out the forms?
Hi Prem,
I understand from reading your website that it is not a good idea for my fiancé to attempt visiting the US during the K1 visa process. I am just about to send my I-129F packet out. I just want to make sure before doing so that it would still be okay for me to visit him in his country (England), as I have already purchased flights for October 2018. Is there a possibility that I may be turned away in England due to the pending K1? I should note that I do have a full time & per diem job & own a home in the US.
We visit each other about every 3 months or so I don’t know if we could bare being apart the entire time the K1 is pending, especially if it could take up to 7-9 mos. Also can we meet up in different, neutral countries? TIA for your advice! This website has been incredible resource for us!
How much money is needed to be used as assets in case that the petitioner lose their job during fiancee visa interview. I’m afraid that my company is closing locations and I might lose my job. I have about saving account, stocks and I have half equity of my financed house. How much money is enough to sponsor my fiancee without using a co-sponsor?
Also what is the co-sponsor liability in I-134 and the co-sponsor liability in I-864 form
Thank you so much in advance for the information you provide here
Hi Prem,
This website is wonderful. I’ve filled out my I-129 using using your tutorial video and it was incredibly helpful!
Here’s my worry: I will start working soon, but my job’s start date is pending an initial background check. My income will be significantly over the poverty line cutoff, but I’m not sure I will start working in time to make that amount during this fiscal year. My fiance is Moroccan, and we have a friend who did a K-1 last year. She said that they required tax returns showing income above the poverty line and wouldn’t accept pay stubs and a letter from her employer, so they had to use a sponsor. I have no option for a sponsor. Do you know about embassies requiring tax returns showing over $18,000 income in the previous year, even if one’s job makes quite a bit above that amount?
This is a huge stressor for me, and I’m not sure what I can do but pray my job starts soon.
Hi,
My fiancé doesn’t have a job as such but earns a living through rental income from real estate that he owns. He earns above the poverty limit. Would this be suitable for the I-134?
His assets are also above the earnings thresholds although the building he owns is a multi unit building and he lives in one of the units within the buildings. Would he be able to put this down as assets?
Thanks,
Lyn
Okay so I am needing some guidance here. I don’t see that this is a problem, but wanting to add ease of mind.
I have a simliar question but different at the same time. Evidence of support for the I-134 form require bank accounts, etc.
Let me say up front that my salary alone can support my fiance.
I have a bank account that has my money in it, but it’s been under my father’s account name for over 11 years. I was going to pull it out soon and move it to another account but never did. When I go to get the statements for the previous year it just has my father’s name on the statement’s and just my account nick name next to my account. I recently moved my funds to another account which shows my name on it. However, I have no previous year transactions because I moved it. What steps should I potentially take to avoid interview issues for my fiance IF this will even be a problem, because again my salary alone can support her. If this is confusing, let me know and I will try to explain further.
Hi Prem!
I have already filed our I-129 petition, and am preparing for my fiance’s interview in London. When I filed the I-129 I met the income requirements for the I-134 Affidavit of Support (that I’m now getting ready to submit), but I recently moved and am currently unemployed and looking for work. I have a joint sponsor lined up, my aunt.
My question is– do I need to also fill out the AOS and submit my own financial information (that is not sufficient for the AOS since unemployed) even though I will have an AOS from my aunt?
Thanks for your help 🙂 Your site has been extremely helpful and supportive during this process. It’s always great to know we’re not alone in this crazy process!
My situation is I just graduated from school May of 2017. I got divorced September 2017(was separated for a long while) and fell in love. But I’m still not working and my last years tax return will be my ex husbands Income! I’ve not worked in 12 years! So what do I do? Is this 100% sponsor? I don’t know anyone that would do that for me. Help!