HELP HELP PLEASE!!!

[TracyTN 237]

Correction. 125% above the poverty guideline is equal to 225% "of" the poverty guideline. The requirement is 125% "of" the poverty guideline.

Further, the US Citizen petitioner is NOT COUNTED in the cosponsor's household size.

You're right - thanks for clarifying my clarification!

[Coleen 2]

Hello there..

I just wanted to remind you that these poverty guidelines you are talking about were officially in effect till March 31st. They change every year.

According to the Department of Health and Human Services website, Congress has taken action to keep the 2009 poverty guidelines in effect until at least March 31, 2010. The reason for the freeze is that for the first time since the poverty guidelines were issued in 1965, the annual average Consumer Price Index has decreased from the previous year. If the 2009 guidelines weren’t frozen, the HHS would have had to issue 2010 poverty guidelines that were lower than the 2009 poverty guidelines.

So if they do this any time soon (and I really don't have any info on whether they did that so far) maybe you won't have to worry that much.

Good luck.

[FrancElsie 6]

You're right - thanks for clarifying my clarification!

The requirement of the I-134 is: "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."

[TracyTN 237]

Yes, but consulates take it upon themselves often times to apply 125% (London does this). I'm not sure what Costa Rica does. But also, as you must have 125% for the affidavit of support that accompanies the adjustment of status application (once he arrives in the US), it's best to get that in line now anyway.

[Bobby+Umit 161]

Yes, but consulates take it upon themselves often times to apply 125% (London does this). I'm not sure what Costa Rica does. But also, as you must have 125% for the affidavit of support that accompanies the adjustment of status application (once he arrives in the US), it's best to get that in line now anyway.

Correct - in my dealings with Ankara, they like 125%, and will grill you at 100%. (as in, they will look more at your evidence and decide appropriately)

Since your using a co-sponsor - I would plan on the 125% level - my two cents.

[Anh map 2,098]

The requirement of the I-134 is: "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."

As Tracy stated often the consulates will apply the 125% amount.

It is safest to confirm the standard with the consulate as well as recent VJ members going through that consulate.

[JimVaPhuong 4,863]

The requirement of the I-134 is: "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."

Yes, well, there's some history behind that. The I-134 is used primarily for non-immigrant visas. The I-864 was introduced in 1996 as part of the Personal Responsibility and Work Opportunity Reconciliation Act, and is used for family immigration and some types of work visas. As you noted, the two affidavits have different income standards. They are also different in their legal weight; the I-864 is an enforceable contract, while the I-134 is not.

Consulates are broadly charged with the responsibility of determining if a visa applicant is likely to become a public charge in the US. While they aren't strictly required to use the I-134 for non-immigrant visas, most do anyway. K visas provide a unique challenge, in this respect. Technically, they are non-immigrant visas. The visa holder doesn't become an immigrant until they arrive in the US and apply for a green card. However, unlike most non-immigrant visas, a K visa comes with an almost virtual guarantee that the visa holder will become an immigrant.

This puts the consulate in an unusual position.

If they strictly followed the minimum income requirements of the I-134 (which they are not required to do) then they could potentially be issuing K visas to many people whose sponsors will subsequently fail to qualify using the higher standards of the I-864 AFTER the visa holder arrives in the US, leaving them to either scramble to secure a co-sponsor or leave the US. In order to avoid this mess, consulates often apply the I-864 standards for the I-134 when dealing with K visa applicants.

[FrancElsie 6]

Yes, but consulates take it upon themselves often times to apply 125% (London does this). I'm not sure what Costa Rica does. But also, as you must have 125% for the affidavit of support that accompanies the adjustment of status application (once he arrives in the US), it's best to get that in line now anyway.

My posting was to assist the OP with their question. The K-1 is a technically a "non-immigrant" type of visa and technically the I-134 is used. That was my only point.

And, I am aware that various consulates look for a higher % level than just the 100%. But, how did Costa Rica enter this discussion? The question was the OP's, not mine.

Since you brought up London, are you telling the group that the consulate there will deny the K-1 to a beneficiary if the petitioner earns over the poverty level plateau but not quite 125% at that moment? Which form do they ask for at the interview...I'm curious? Do they not give consideration to the fact that the petitioner or sponsor may receive a raise in pay/income, take a second job after their loved one arrives and they marry...or whatever?

Finally, I agree with the other poster who said that the K-1 is virtually a guaranteed immigrant situation. However, there are cases where the couple decides not to marry, the beneficiary runs off with another person, they find that the person is not who they thought them to be, etc. etc. etc. I know of a few cases where the petitioner has sent their fiance/e packing once they lived together for a little while.

I do have a question. Are there any other "VisaJourney" types of forums out there? Seems that there is a LooooooonnnnnGGGGGG immigration line to get into the United States of America. Just look at the frustrated and upset people on this forum!!!! Is there a VisaJourney for people wanting to immigrate to the Ukraine, China, Vietnam, India, Nigeria, Ethiopia, etc.? (examples only...you get the idea) I wonder how long the immigration lines are to get into some of these other countries?

To the OP, I agree with TracyTN..."it is better to get things in line now anyway." I was answering your question because you are K-1 now and not in the AOS phase.

Franc

Edited April 8, 2010 by FrancElsie

[pushbrk 13,027]

My posting was to assist the OP with their question. The K-1 is a technically a "non-immigrant" type of visa and technically the I-134 is used. That was my only point.

And, I am aware that various consulates look for a higher % level than just the 100%. But, how did Costa Rica enter this discussion? The question was the OP's, not mine.

Since you brought up London, are you telling the group that the consulate there will deny the K-1 to a beneficiary if the petitioner earns over the poverty level plateau but not quite 125% at that moment? Which form do they ask for at the interview...I'm curious? Do they not give consideration to the fact that the petitioner or sponsor may receive a raise in pay/income, take a second job after their loved one arrives and they marry...or whatever?

Finally, I agree with the other poster who said that the K-1 is virtually a guaranteed immigrant situation. However, there are cases where the couple decides not to marry, the beneficiary runs off with another person, they find that the person is not who they thought them to be, etc. etc. etc. I know of a few cases where the petitioner has sent their fiance/e packing once they lived together for a little while.

I do have a question. Are there any other "VisaJourney" types of forums out there? Seems that there is a LooooooonnnnnGGGGGG immigration line to get into the United States of America. Just look at the frustrated and upset people on this forum!!!! Is there a VisaJourney for people wanting to immigrate to the Ukraine, China, Vietnam, India, Nigeria, Ethiopia, etc.? (examples only...you get the idea) I wonder how long the immigration lines are to get into some of these other countries?

To the OP, I agree with TracyTN..."it is better to get things in line now anyway." I was answering your question because you are K-1 now and not in the AOS phase.

Franc

When "helping" I find it far more helpful to apply practical on the ground experience, than to quote minimum requirements that generally are NOT sufficient to achieve the success one hopes to "help" achieve.

[HeatDeath 430]

I know the I-864 specifically allows for any US citizen to be a joint sponsor, but as far as I know, I-134 cosponsors are only allowed at the discretion of the consular officer. Most consulates are fine with them, but some can be fussier than others. Some, I think, may only allow for immediate family members to be the I-134 cosponsors. Does anybody with direct experience with Ankara know exactly what they will and will not accept with regards to I-134 cosponsors?

[Bobby+Umit 161]

I know the I-864 specifically allows for any US citizen to be a joint sponsor, but as far as I know, I-134 cosponsors are only allowed at the discretion of the consular officer. Most consulates are fine with them, but some can be fussier than others. Some, I think, may only allow for immediate family members to be the I-134 cosponsors. Does anybody with direct experience with Ankara know exactly what they will and will not accept with regards to I-134 cosponsors?

They accept them.

[HeatDeath 430]

They accept them.

Do you know if they'll accept cosponsors who are not immediate family members?

[Bobby+Umit 161]

Do you know if they'll accept cosponsors who are not immediate family members?

As long as they meet the requirements (USC/LPR/18+/income sufficient for # of people) to sponsor - yes.

[FrancElsie 6]

When "helping" I find it far more helpful to apply practical on the ground experience, than to quote minimum requirements that generally are NOT sufficient to achieve the success one hopes to "help" achieve.

Did I not make myself clear that I was only giving the minimum requirements and that I agreed with TracyTN in my last sentence? If so, sorry.

Franc

[pushbrk 13,027]

Did I not make myself clear that I was only giving the minimum requirements and that I agreed with TracyTN in my last sentence? If so, sorry.

Franc

In your later post, you made that clear, yes, but the discussion occurred and is focused on the fallout from your original post which I'll quote in its entirety below.

The requirement of the I-134 is: "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."

Because this post ignores the practical on the ground issues, I'm suggesting it was NOT "helpful" and that in the future you avoid such non-help.