Affidavit of Support concern

[brian89 2]

I have a concern about the Affidavit of Support quota that my fiance has to reach.

My fiance is a senior at the university and works besides that. Her tax return will say that she earned around $7,600 untill April. In that month she started a new job what made $11,450 till December.

So that will make the total to lil bit over $19,000. I know thats more then the $18,000 she has to reach, but will it become a problem because she only made $11,450 at the job that she is working now?

Thanks for the help

Edited January 15, 2011 by brian89

[matuk tuokan 2]

I have a concern about the Affidavit of Support quota that my fiance has to reach.

My fiance is a senior at the university and works besides that. Her tax return will say that she earned around $7,600 untill April. In that month she started a new job what made $11,450 till December.

So that will make the total to lil bit over $19,000. I know thats more then the $18,000 she has to reach, but will it become a problem because she only made $11,450 at the job that she is working now?

Thanks for the help

[matuk tuokan 2]

If she can not meet the 125% poverty guidelines she need a co-sponsor.

[Inky 1,110]

For 2 person house hold the number is $18,212.

You may want a co-sponsor just incase they don't accept that she is just over the line. Have some one fill out the forms as a back up and bring them with you.

[ms2474 0]

It's possible that your fiance is over the poverty limit, but you never want to send an application in with assumptions. I would either wait till she gets her taxes filed (which will show her years income) or I would get a co-sponser. In fact you might want to consider it anyway just to be safe because it is a new job and she is so close to the line.

Hope this helps a little

[brian89 2]

Thanks for the information guys. She will meet the 125% poverty guideline, but like I said she is a senior at the univeristy. She will be able to work more after may.

[brian89 2]

It's possible that your fiance is over the poverty limit, but you never want to send an application in with assumptions. I would either wait till she gets her taxes filed (which will show her years income) or I would get a co-sponser. In fact you might want to consider it anyway just to be safe because it is a new job and she is so close to the line.

Hope this helps a little

Thanks for your responds! We're not filling out the papers yet, we are waiting for the tax return. But we just want to take care of things before we get our NOA2, so we can send it out at once we get accepted.

[brian89 2]

Can anyone help me with these please? It would be much appreciated!

[payxibka 10,045]

moving thread 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.

[JimVaPhuong 4,863]

Can anyone help me with these please? It would be much appreciated!

The consular officer has discretion with an I-134. Nobody can tell you for certain whether a consular officer is going to accept her affidavit of support as being sufficient. The closer she is to the threshold, the higher the odds that the consular officer is going to ask for a joint sponsor. This is why people are recommending that you have a joint sponsor's affidavit of support ready in case it's needed, and this is what you should do.

[Channah&Aaron 51]

; Hi Brian..

I would also say that you two need a co-sponsor, since her total income has just reached over required poverty line..

Let me know how it goes!!

Fijne avond

[brian89 2]

The consular officer has discretion with an I-134. Nobody can tell you for certain whether a consular officer is going to accept her affidavit of support as being sufficient. The closer she is to the threshold, the higher the odds that the consular officer is going to ask for a joint sponsor. This is why people are recommending that you have a joint sponsor's affidavit of support ready in case it's needed, and this is what you should do.

Someone on this forum told me that some countries want a 100% of the poverty guidelines and others 125%. I know for the AOS you need the 125%. But I found that that for the Netherlands its a 100%. Is this true?

[JimVaPhuong 4,863]

Someone on this forum told me that some countries want a 100% of the poverty guidelines and others 125%. I know for the AOS you need the 125%. But I found that that for the Netherlands its a 100%. Is this true?

Department of State policy is that the minimum income threshold for an I-134 sponsor is 100% of the poverty guidelines, but many consulates are known to apply the same standards as the I-864 when the I-134 is submitted for a K visa applicant. The 100% threshold is usually used for non-immigrant visas where there is no intent to immigrate, nor any requirement that the alien will ultimately need a sponsor who can submit a sufficient I-864.

Think about it this way. The purpose of a K1 visa is to allow the alien to enter the United States, marry their US citizen fiance, and adjust status to that of an immigrant. When they submit their adjustment of status application they are going to require an I-864 from a sponsor who meets the 125% income requirement. Why would the consulate give that alien a K1 visa if they provide a sponsor who can meet the 100% level but not the 125% level, knowing that the alien will not be able to adjust status after they arrive in the US?

The consular officer has discretion when making the 'public charge' determination. If you submit an I-134 from a sponsor who has income between 100% and 125% of the poverty guidelines, do not be surprised if you're told to get a joint sponsor who qualifies.

[brian89 2]

Department of State policy is that the minimum income threshold for an I-134 sponsor is 100% of the poverty guidelines, but many consulates are known to apply the same standards as the I-864 when the I-134 is submitted for a K visa applicant. The 100% threshold is usually used for non-immigrant visas where there is no intent to immigrate, nor any requirement that the alien will ultimately need a sponsor who can submit a sufficient I-864.

Think about it this way. The purpose of a K1 visa is to allow the alien to enter the United States, marry their US citizen fiance, and adjust status to that of an immigrant. When they submit their adjustment of status application they are going to require an I-864 from a sponsor who meets the 125% income requirement. Why would the consulate give that alien a K1 visa if they provide a sponsor who can meet the 100% level but not the 125% level, knowing that the alien will not be able to adjust status after they arrive in the US?

The consular officer has discretion when making the 'public charge' determination. If you submit an I-134 from a sponsor who has income between 100% and 125% of the poverty guidelines, do not be surprised if you're told to get a joint sponsor who qualifies.

Thanks for explaining. Let me tell you how our situation is very quick. My fiance is a senior at college so she doesnt have a lot of time to work. She changed jobs in April, making at her old two jobs $8,000 up untill April and at her new job she made $11,400 for the rest of the year, so that adds up to be $19.400, thousand more then the guideline. I read somewhere it doesnt matter with how much she's over the guidelins, as long as she is!

Knowing that she will graduate in May means that she will be able to work more. We're going to get a letter from her employee saying how much she will make the rest of the year.

What do you think about this?

[JimVaPhuong 4,863]

Thanks for explaining. Let me tell you how our situation is very quick. My fiance is a senior at college so she doesnt have a lot of time to work. She changed jobs in April, making at her old two jobs $8,000 up untill April and at her new job she made $11,400 for the rest of the year, so that adds up to be $19.400, thousand more then the guideline. I read somewhere it doesnt matter with how much she's over the guidelins, as long as she is!

Knowing that she will graduate in May means that she will be able to work more. We're going to get a letter from her employee saying how much she will make the rest of the year.

What do you think about this?

As long as she can document the income then she should be ok. She should get W2's from both employers before the end of this month.