I-134 125% question..

[Erroneous 0]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

[payxibka 10,045]

Since it is reviewed by the consulate you need a consulate specific answer as it appears the individual consulates have some latitude from what is posted on the state.gov website.

The above is why it is suggested to post all I-134 discussion in the consulate forum

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

moving post

[Gary and Alla 3,694]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

[rebeccajo 14]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

[pushbrk 12,883]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

More to the point, what's your answer for the OP?

Edited June 20, 2009 by pushbrk

[rebeccajo 14]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

I'm not arguing the issue.

Visa approval and adjusting status are two different procedures independent of one another. It remains a simple fact that you can get a visa approved if you meet 100% of the US Poverty Guideline. "Common sense" in this case means determining what the norm is for YOUR consulate.

What one needs when they adjust status is independent of visa approval. The "common sense" would be to make certain the sponsor can meet that criteria at that time.

Edited June 20, 2009 by rebeccajo

[pushbrk 12,883]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

I'm not arguing the issue.

Visa approval and adjusting status are two different procedures independent of one another. It remains a simple fact that you can get a visa approved if you meet 100% of the US Poverty Guideline. "Common sense" in this case means determining what the norm is for YOUR consulate.

What one needs when they adjust status is independent of visa approval. The "common sense" would be to make certain the sponsor can meet that criteria at that time.

Most Consulates us the 125% as their guideline in making the public charge determination. It's already been clearly stated that the OP get an answer that is Consulate specific.

[Hell0W0rld 10]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

I'm not arguing the issue.

Visa approval and adjusting status are two different procedures independent of one another. It remains a simple fact that you can get a visa approved if you meet 100% of the US Poverty Guideline. "Common sense" in this case means determining what the norm is for YOUR consulate.

What one needs when they adjust status is independent of visa approval. The "common sense" would be to make certain the sponsor can meet that criteria at that time.

Most Consulates us the 125% as their guideline in making the public charge determination. It's already been clearly stated that the OP get an answer that is Consulate specific.

[rebeccajo 14]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

I'm not arguing the issue.

Visa approval and adjusting status are two different procedures independent of one another. It remains a simple fact that you can get a visa approved if you meet 100% of the US Poverty Guideline. "Common sense" in this case means determining what the norm is for YOUR consulate.

What one needs when they adjust status is independent of visa approval. The "common sense" would be to make certain the sponsor can meet that criteria at that time.

Most Consulates us the 125% as their guideline in making the public charge determination. It's already been clearly stated that the OP get an answer that is Consulate specific.

The correct answer is that the issue is consulate specific. The correct answer is not "Most".

[pushbrk 12,883]

From all I have read, the requirement in the I-864P states that the minimum poverty guidelines state you need to be 125% of the poverty guidelines. And according to some stories I have read on Visa Journey, some embassies enforce that amount. But the U.S. Department of State (travel.state.gov) specifically says for the K-1 that the 125% only applies to other Visa's using the I-864, not the K-1 which uses the I-134. So is the 100% correct, or 125%? I am just curious, and possibly confused..

From http://travel.state.gov/visa/immigrants/ty...types_2994.html ...

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Thank you for any feedback.

There are no specific guidelines for the I-134. It is consulate specific. The state department only requires the consulate be satisfied the intending immigrant will not become a public charge. However, MOST consulates use the I-864 rules as a guide.

Gary - You cannot prove that statement that most consulates use I-864 rules as a guide. That is a supposition on your part.

http://travel.state.gov/visa/immigrants/ty...4.html#Applying

"Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. "

I can't prove it either and I don't need to. Commons sense tells us that if 125% is needed later, it's far wiser to present an additional I-134 from the sponsor you'll later use for the I-864 than to risk scrambling for one after a 221g notice. Do we need to prove common sense? What's the purpose of arguing this issue?

I'm not arguing the issue.

Visa approval and adjusting status are two different procedures independent of one another. It remains a simple fact that you can get a visa approved if you meet 100% of the US Poverty Guideline. "Common sense" in this case means determining what the norm is for YOUR consulate.

What one needs when they adjust status is independent of visa approval. The "common sense" would be to make certain the sponsor can meet that criteria at that time.

Most Consulates us the 125% as their guideline in making the public charge determination. It's already been clearly stated that the OP get an answer that is Consulate specific.

The correct answer is that the issue is consulate specific. The correct answer is not "Most".

The answers do not exclude each other. In my experience, both are correct. Prove otherwise.