please help on K1

[chikahdorah 0]

"Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?"

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

[aws&ndd 103]

For a K-1 visa, most embassies will want to see the 125% with form I-134 (instead of the 100%), because they know you will be filing the form I-864 after the beneficiary is here in the US and you get married. The I-134 is a form used for other non-immigrant visa types, in which case only the 100% will apply. However, the other types have no immigrant intent, but K-1 visa holders do and this is why they want to see 125%.

[chikahdorah 0]

For a K-1 visa, most embassies will want to see the 125% with form I-134 (instead of the 100%), because they know you will be filing the form I-864 after the beneficiary is here in the US and you get married. The I-134 is a form used for other non-immigrant visa types, in which case only the 100% will apply. However, the other types have no immigrant intent, but K-1 visa holders do and this is why they want to see 125%.

Will they look at my fiancee's 2011 annual income? or the 2012 pay stubs and letter from employer? because my fiancee only make 17500 last year, but this year he got a raise and is earning 20000 annually. estimated annual income in his letter of employment. What do you think?

[carton025 38]

Will they look at my fiancee's 2011 annual income? or the 2012 pay stubs and letter from employer? because my fiancee only make 17500 last year, but this year he got a raise and is earning 20000 annually. estimated annual income in his letter of employment. What do you think?

It will be up to the CO to make this decision. Your best best is to provide any and all evidence and documentation that will support your fiance' current and future income to provide that it will meet or exceed the 123% minimum. A minimum number of pay stubs to establish current income, say a month or two, at least. And, the employer letter should state hourly pay, average number of hours worked each week. weekly salary, monthly salary, and so on in order for your fiance' to prove that his income will meet the minimum income requirement.

Best of luck!