Disability, dependents and other things we need some advice on.

[Andy and Kayla 45]

So some of you may know by now that we are waiting on a divorce decree to apply for the K-1 Visa. We both work. Andy has children and is still paying some spousal support as his former wife doesn't work (she stays home with the kids, though she is planning to remarry after the decree is issued as well and so the spousal support will most likely stop in the next few months).

On Andy's income right now, even with the dependents, he makes enough to be over the 125% poverty line to bring me over.

Here is our current issue. He struggles with type II bipolar disorder. He is on medication, sees a doctor regularly and generally is very aware of where he is mentally. Last year, he got to such a low point that he needed to go on disability leave from work. He went back before he felt ready due the the fact that his income is cut to 75% (for 60 days or less on disability) or 60% (anything over 60 days) but was doing slightly better towards the end of the year.

Currently, there are a lot of stress sources (work situation, having to foreclose on the house, though it will be noted on credit reports that it was due to a divorce, difficulties with a very conservative family not only disagreeing with the divorce but with believing in mental illness as well, issues with the car based on the credit from the house and, of course, being apart from each other) but none of which are un-tackle-able if we were to break it down properly. With BPD, however, the stresses are starting to weigh on him a lot more - this week has been a particularly rough one for him, mentally - and he is currently considering going on disability leave again.

However, going on the disability would drop his income level below the 125% poverty line for the number of dependents he has, meaning we would not be able to apply for the K-1 until he went back to work. That being said, if he went on it now, we would have a couple more months before we are even eligible to apply for the K-1 but I get anxious about putting him on a timeline like that - there is no way to tell how many days, weeks or months he would need off. My primary concern is his health - if we have to wait until some of these things get sorted out and he can work without the threat of collapsing under the pressure I would do it - but one of his biggest stresses is me not being there right now and to delay that could make it worse.

So I suppose I'm just looking for any kind of advice right now, whether it's about illness or immigration, on what options we have. He's going to speak with his doctor tomorrow and his boss next week about a minor raise and some minor changes that could help him, but it may or may not help enough to prevent him getting to a worse point.

If he's off by the time we file the I-134, does it even matter that he was on disability? I plan on working in the US but the initial requirements don't take that into consideration, which I understand. Since he is working but is just on leave, would they look at his income if he were back to work or just his disability income? Is there anything we can do (other than a co-sponsor, which I don't think we'd have a lot of luck with, at least right now).

[Bobby+Umit 161]

If he's off by the time we file the I-134, does it even matter that he was on disability? I plan on working in the US but the initial requirements don't take that into consideration, which I understand. Since he is working but is just on leave, would they look at his income if he were back to work or just his disability income? Is there anything we can do (other than a co-sponsor, which I don't think we'd have a lot of luck with, at least right now).

When you submit your I-134, you usually are asked to show your income level via tax returns. They will use that, plus the letter from his current employer to determine if he meets the required level.

If you don't - you will either need a co-sponsor (as you pointed out), or he gets more income to meet the level.

Check with your embassy for the evidence they wish to have with the I-134 -some require tax info - some do not. (mostly do)

[Andy and Kayla 45]

I'm just wondering if they would take it into consideration that his disability is temporary and typically will be making much more.

[Carlawarla 1]

As the previous poster stated, income is usually derived from Income Tax Returns. What did last years Income Tax Return have for income? Would even a few months off this year take him below the level? It's not like he isn't making any income while on disability. As well, an employer letter would help in this case, as it will have his annual salary on it, to show what he makes a year, and that may be enough, despite making less in a certain year due to disability. I think if the difference was say one or two hundred dollars, with a written letter of explanation, it might fly, however anything more, you may require a co-sponsor.

A co-sponsor doesn't have to be a family member. It could even be a friend of his in the U.S.

Check out last years Income Tax, and see with his time off work, and a reduction in salary, how far below the poverty guidelines he fell. Try and calculate how much time off this year would impact the amount as well.

As you said, his mental health is the number one concern, so how he's feeling will have a huge impact on whether you'll need a co-sponsor.

I wish you only the best!

[Andy and Kayla 45]

Thank you.

[stet5811 0]

When you submit your I-134, you usually are asked to show your income level via tax returns. They will use that, plus the letter from his current employer to determine if he meets the required level.

If you don't - you will either need a co-sponsor (as you pointed out), or he gets more income to meet the level.

Check with your embassy for the evidence they wish to have with the I-134 -some require tax info - some do not. (mostly do)

Quick question. The DOS website: http://travel.state.gov/visa/immigrants/ty...2994.html#Forms, They say this, "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." So this is saying that to get them here on a K-1 visa you only have to make 100% of Poverty level. Once you AOS then the 125% kicks in, but this conflict with what everyone else is saying. Anyone know the story about this? My consulate requires the I-134.

[TracyTN 237]

Consulates are different about this. Some apply the 125% rule on the I 134 anyway - some go with 100%. I believe London routinely goes with 125%. Unless you can find recent examples from your consulate so that you know for sure, it's best to aim for 125% - then you've over prepared instead of under prepared.

[JimVaPhuong 4,863]

Consulates are different about this. Some apply the 125% rule on the I 134 anyway - some go with 100%. I believe London routinely goes with 125%. Unless you can find recent examples from your consulate so that you know for sure, it's best to aim for 125% - then you've over prepared instead of under prepared.

Yep. I'd go a step further and say that I don't recall any consulate off the top of my head that is known to use the 100% threshold for the I-134 for a K1 applicant. In fact, I've read the website instructions for probably two dozen different consulates, and read the P4 instructions for about half a dozen, and I don't recall any of them ever actually stating what the minimum income threshold was, whether 100% or 125%. They seem to be purposefully vague about this. However, I do remember reading a number of posts from people who were told they needed a co-sponsor when the primary sponsor's income was at or below the 125% level.

I think Tracy's advice above is spot on - unless you know for certain that your consulate will accept 100%, you should be prepared to show 125% or have a co-sponsor who can. Also, even if you do manage to slip through the consulate with income barely at 100% of the poverty guidelines, you won't be able to do this with the I-864. If you get your ducks in a row before the interview, you'll be ready when it comes time for AOS.