Poverty Guidelines

[C'est Luc 0]

If you use a co-sponsor it is no problem. The co-sponsor will have to be able to cover the entire 125% for their household size plus the beneficiary.

But if I don't use a sponsor would the $20,000 in saving be sufficient?

[KayDeeCee 4,893]

But if I don't use a sponsor would the $20,000 in saving be sufficient?

If $20k is 3x or more of the amount you fall short in your income, then yes. If not, then no.

[JimVaPhuong 4,863]

Income earned while the sponsor is living abroad will likely not be considered unless it will continue from the same source after the sponsor returns to the US, and the sponsor MUST be domiciled in the US in order to qualify as a sponsor. Besides, a K1 petitioner can't marry the beneficiary unless they are in the US.

Remember that the reason they're screening the petitioner's income at the K1 interview is to determine if they'll be qualified to sponsor the beneficiary for adjustment of status. That's why most consulates use the I-864 rules when screening K1 petitioners, and not the more general 100% rule that Department of State posts on their website. Both the Foreign Affairs Manual and Adjudicators Field Manual have similar guidance when evaluating an affidavit of support. They want to see evidence that the sponsor's income will be sufficient in the year that they submit the affidavit of support, and for the "foreseeable future". Both the FAM and AFM use the phrase "foreseeable future". Given that a sponsor must be domiciled in the US, they wouldn't presume that foreign earned income would continue for the "foreseeable future" unless the sponsor can convince them that's the case. If the sponsor has to quit their foreign job to return to the US then that pretty much disqualifies the foreign earned income from consideration.

They impose the same requirements on the beneficiary's income and for the same reason. Income that will cease when the beneficiary immigrates to the US doesn't serve the purpose of providing a guarantee that the beneficiary won't become a public charge. Anyway, the I-134 doesn't provide a way for the beneficiary's income to be included, and I've only heard of a couple of consulates that will even consider a beneficiary's financial situation (London, for example), and those consulates apparently consider assets of the beneficiary and not income.

Edited March 22, 2012 by JimVaPhuong