minimum income requirement

[marieMH 1]

Hi everyone

My fiancée is going to file a K-1 visa for me,,,so what is the minimum income requirement??

[JimVaPhuong 4,863]

A sponsor generally needs to make 125% of the poverty guidelines for their household size.

http://www.uscis.gov/files/form/i-864p.pdf

Household size includes the sponsor, the immigrant, and anyone else the sponsor supports. It also includes any other immigrants the sponsor has sponsored in the past. If it's just you and your fiancee then it would be $18,212 per year.

[Caroline + Angelo 20]

I thought for the K1 you only need to be 100% on the poverty level, for the I-134. Later for the Adjustment of Status and filing I-864 Affidavit of Support you need to show 125% of the poverty guidelines. Correct me if I'm wrong :-)

[Kristy S 13]

I thought for the K1 you only need to be 100% on the poverty level, for the I-134. Later for the Adjustment of Status and filing I-864 Affidavit of Support you need to show 125% of the poverty guidelines. Correct me if I'm wrong :-)

that is what i was told as well, by 5 different lawyers (they all felt the need to give me the whole rundown when i called for their fees) while i make enough to get the k1 through, i'll need a cosponsor when it comes time for the AOS

[JimVaPhuong 4,863]

I thought for the K1 you only need to be 100% on the poverty level, for the I-134. Later for the Adjustment of Status and filing I-864 Affidavit of Support you need to show 125% of the poverty guidelines. Correct me if I'm wrong :-)

There is no statutory minimum requirement for the I-134. It doesn't meet the legal standards required by INA 213A like the I-864, so the same requirements don't apply. The I-134 is used when the consular officer has discretion. Department of State guidelines for the I-134 are that the minimum income should be 100% of the poverty guidelines, but consulates often only apply this standard with non-immigrant visas that specifically don't allow for immigrant intent. K visas are different. The alien will become an immigrant after arriving in the US and marrying the petitioner. Though consulates don't publish the standards they use in evaluating an I-134 for a K visa, there's enough anecdotal evidence from people who have been denied when their income was below 125% of the poverty guidelines. The consulate doesn't want to send someone to the US with a K visa, only to have them stuck in the US without a qualified sponsor for their AOS petition.

The safest advice is to presume the consulate will apply the same income standards they would apply for an I-864. If your income is between 100% and 125% then you risk being denied under INA 213, at the discretion of the consular officer.

[Kristy S 13]

here, got this off an official government website for ya:

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.

http://travel.state.gov/visa/immigrants/types/types_2994.html if you'd like to double check me

and that was on the site help page regarding specifically K1 visa

Edited November 19, 2010 by Kristy S

[Mike&Cherry 45]

There is no statutory minimum requirement for the I-134. It doesn't meet the legal standards required by INA 213A like the I-864, so the same requirements don't apply. The I-134 is used when the consular officer has discretion. Department of State guidelines for the I-134 are that the minimum income should be 100% of the poverty guidelines, but consulates often only apply this standard with non-immigrant visas that specifically don't allow for immigrant intent. K visas are different. The alien will become an immigrant after arriving in the US and marrying the petitioner. Though consulates don't publish the standards they use in evaluating an I-134 for a K visa, there's enough anecdotal evidence from people who have been denied when their income was below 125% of the poverty guidelines. The consulate doesn't want to send someone to the US with a K visa, only to have them stuck in the US without a qualified sponsor for their AOS petition.

The safest advice is to presume the consulate will apply the same income standards they would apply for an I-864. If your income is between 100% and 125% then you risk being denied under INA 213, at the discretion of the consular officer.

How's it going? Since we're on the subject of income guidelines, I have a question for you. Do you think that I will make the cut for 125%. Because for 2008 and 2009 I just barely made it over 125%. Here's my total income throughout the years; 2007 was $27,626 and 2008 was $18,065 and 2009 was $18,271. By the end of 2010 my income will be over $31,000. In 2011 I will be getting a raise and my income will be around $35,000. I will be sending in the I-129f in February 2011. I would really appreciate your expertise and input on my situation. Thanks for your help in advance.

[JimVaPhuong 4,863]

here, got this off an official government website for ya:

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.

http://travel.state.gov/visa/immigrants/types/types_2994.html if you'd like to double check me

and that was on the site help page regarding specifically K1 visa

Here what is written in packet 4 from the consulate in Ho Chi Minh City, Vietnam:

The petitioner must submit a complete original signed and notarized Form I-134, Affidavit of

Support for his/her principle applicant and one copy for each accompanying applicant. This form is also available at:

http://www.uscis.gov . The original form I-134 must be accompanied by records of the petitioner’s income for the most

recent tax year. The preferred record of income is the Complete Income Tax Return Transcript from the Internal

Revenue Service (IRS) (formerly IRS Form 1722). However, W-2s and/or a certified copy of a complete federal tax

return (Form 1040), including all pertinent schedules, might be acceptable in some cases.

This seems to contradict the information on the DoS website, doesn't it? The consulate wants an IRS transcript, but might accept W2's or a copy of the tax return in some cases, whereas the DoS website clearly says no tax return documents are required with the I-134. Other consulates have similar instructions in the packet 4 they send.

The fact is that each consulate has it's own policies, and most handle K visas differently than other types of non-immigrant visas. If your income meets 100% of the poverty guidelines, but doesn't meet 125%, then you may be told to get a joint sponsor or denied outright. Feel free to quote the DoS website to the consulate about this. They'll quote the INA, which says the consular officer has discretion.

Consulates can differ dramatically in their requirements. For example, the embassy in London will usually accept a joint sponsor with an I-134, and sometimes will allow the beneficiary to self-sponsor (i.e., use their own income and/or assets). Few other consulates will allow a beneficiary to self-sponsor, and some almost never accept a joint sponsor. You must follow the instructions from the consulate, and provide what they ask for. You should also presume that the consulate will use the I-864 income threshold, rather than the number posted on the DoS website. To advise otherwise is risky. There are a lot of stories on VJ from people whose affidavits were rejected because they followed the general guidance on the DoS website.

How's it going? Since we're on the subject of income guidelines, I have a question for you. Do you think that I will make the cut for 125%. Because for 2008 and 2009 I just barely made it over 125%. Here's my total income throughout the years; 2007 was $27,626 and 2008 was $18,065 and 2009 was $18,271. By the end of 2010 my income will be over $31,000. In 2011 I will be getting a raise and my income will be around $35,000. I will be sending in the I-129f in February 2011. I would really appreciate your expertise and input on my situation. Thanks for your help in advance.

I'm confused. Your profile says you filed for an IR1 or CR1, but you're saying you're going to file an I-129F in February. Are you married yet? Are you filing for a K1, K3, or IR1/CR1?

If you're filing for a IR1 or CR1 then you'll submit an I-864, and all the rules established by INA 213A will apply. You must submit a tax return for the most recent tax year, and your income (plus assets, if you choose to list them) must be 125% of the poverty guidelines. The consular officer still has discretion, but NVC won't accept your affidavit of support if you don't meet these minimum requirements. You can also use a joint sponsor, if needed.

If you're filing for a K1, then the consular officer has complete discretion. If your household size is two - yourself and your fiancee - then you should be fine. Your fiancee won't interview before April 15th, 2011 (unless processing times decrease dramatically), so you'll have to submit a copy of your 2010 tax return. The US embassy in Manila usually doesn't accept joint sponsors for K visas, but they sometimes make an exception if the petitioner has a good reason for having a low income and good prospects of improved income in the future (going to school or recent graduate, for example), and if the joint sponsor is a close relative of the petitioner or beneficiary (higher chances the joint sponsor will sign an I-864 when needed).

[bolin786 21]

You are correct.

I thought for the K1 you only need to be 100% on the poverty level, for the I-134. Later for the Adjustment of Status and filing I-864 Affidavit of Support you need to show 125% of the poverty guidelines. Correct me if I'm wrong :-)

[payxibka 10,045]

moving to:

US Embassy and Consulate Discussion

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.

[Mike&Cherry 45]

I'm confused. Your profile says you filed for an IR1 or CR1, but you're saying you're going to file an I-129F in February. Are you married yet? Are you filing for a K1, K3, or IR1/CR1?

If you're filing for a IR1 or CR1 then you'll submit an I-864, and all the rules established by INA 213A will apply. You must submit a tax return for the most recent tax year, and your income (plus assets, if you choose to list them) must be 125% of the poverty guidelines. The consular officer still has discretion, but NVC won't accept your affidavit of support if you don't meet these minimum requirements. You can also use a joint sponsor, if needed.

If you're filing for a K1, then the consular officer has complete discretion. If your household size is two - yourself and your fiancee - then you should be fine. Your fiancee won't interview before April 15th, 2011 (unless processing times decrease dramatically), so you'll have to submit a copy of your 2010 tax return. The US embassy in Manila usually doesn't accept joint sponsors for K visas, but they sometimes make an exception if the petitioner has a good reason for having a low income and good prospects of improved income in the future (going to school or recent graduate, for example), and if the joint sponsor is a close relative of the petitioner or beneficiary (higher chances the joint sponsor will sign an I-864 when needed).

Sorry about the confusion. We were going to get get married in January, but decided to just go for the Fiance Visa (K-1) since it's quicker. Thank you very much for responding in great detail even knowing there was confusion. You really know what your talking about and I appreciate you taking the time to respond with your expertise. It's seems that I only need to submit the 2010 tax return, but I have seen here in the forums that 3 years were requested, I believe by the consulate. At what point if any will I have to submit 3 years worth of tax returns. I'm on the understanding that I shouldn't sumbit all 3 years unless I am requested to do so. Is this true. Thanks again for your help and sharing your knowledge.

Edited November 20, 2010 by Mike&Cherry

[JimVaPhuong 4,863]

Sorry about the confusion. We were going to get get married in January, but decided to just go for the Fiance Visa (K-1) since it's quicker. Thank you very much for responding in great detail even knowing there was confusion. You really know what your talking about and I appreciate you taking the time to respond with your expertise. It's seems that I only need to submit the 2010 tax return, but I have seen here in the forums that 3 years were requested, I believe by the consulate. At what point if any will I have to submit 3 years worth of tax returns. I'm on the understanding that I shouldn't sumbit all 3 years unless I am requested to do so. Is this true. Thanks again for your help and sharing your knowledge.

Geez, I remember somebody once posted the instructions for the I-134 from the embassy in Manila, but I can't remember what it said. Sorry.

If the consulate specifically asks for three years of transcripts then you don't have a lot of choice - you'll have to submit three years. The determination they are supposed to make is whether the sponsor will be able to support the immigrant at the minimum income level required for the foreseeable future. Your income is trending upward, and your most recent tax return shows your income is comfortably above the minimum. I don't think you'll have any problems.

[Tahoma 2,292]

The fact is that each consulate has it's own policies, and most handle K visas differently than other types of non-immigrant visas. If your income meets 100% of the poverty guidelines, but doesn't meet 125%, then you may be told to get a joint sponsor or denied outright. Feel free to quote the DoS website to the consulate about this. They'll quote the INA, which says the consular officer has discretion.

I hope there are no K-1ers who quote the DoS website to the consular officers at the U.S Embassy Manila. If they do so, they will be leaving the Embassy without a visa approval. In Manila, a K-1er must meet the 125% standard.