Slack of sleep and confused

[Tinchen_ 21]

hello again..

yeah i know i just dont get over the topic with the financial support its just so freaking confusing.so i asked a laywer bout the guidelines cuz my finace doesnt hit the 125% guidelines but the laywer said he does cuz they go by this guidlines

http://aspe.hhs.gov/poverty/10poverty.shtml

so im like huh whats going on...im so close to loosing it here...why is it so hard to get once from professionals or the goverment and solid answer.

maybe some of you out here knows whats really going on...

it would be great

thanks you all

[Harpa Timsah 13,258]

What you link is 100% of the poverty line. USCIS requires 125% of the poverty line. To make matters confusing, some consulates only require 100% of the poverty line, but most base their I-134 off of the I-864. Either way, at some time you will require a co-sponsor (if not for consulate stage, then for AOS stage) if you do not meet the 125%, so might as well look for one now.

[Inky 1,111]

You go by the USCIS poverty guide lines for the I-864 not what ever that HHS poverty line is...

[YuAndDan 153]

This is not a requirement when you file the I-129F petition, this will be required by the time you interview for the visa.

I-134 is a Consulate/Embassy topic, moving...

[JimVaPhuong 4,863]

hello again..

yeah i know i just dont get over the topic with the financial support its just so freaking confusing.so i asked a laywer bout the guidelines cuz my finace doesnt hit the 125% guidelines but the laywer said he does cuz they go by this guidlines

http://aspe.hhs.gov/poverty/10poverty.shtml

so im like huh whats going on...im so close to loosing it here...why is it so hard to get once from professionals or the goverment and solid answer.

maybe some of you out here knows whats really going on...

it would be great

thanks you all

Your lawyer may be right.

As Harpa said, the HHS webpage you linked to shows the current poverty guidelines. Those same numbers are published in the I-864P as "100% of Poverty Guidelines". If you multiply any of those numbers X 1.25 then you'll get the numbers published in the I-864P as "125% of Poverty Guidelines".

Here's the deal about this...

Department of State policy is that an I-134 only requires 100% of the current poverty guidelines. This is the level that consulates require for most non-immigrant visas where an I-134 is required. However, a K1 is a unique animal. It's a non-immigrant visa that will specifically lead to immigration. Many consulates have been known to reject an I-134 as insufficient if the K1 sponsor couldn't meet the 125% income level. It's presumed around these parts that most consulates will require 125% with an I-134 for a K1 visa, but nobody knows for sure because the consulate's don't publish their requirements. Why? Because the Immigration and Nationality Act (INA) specifically gives them discretion. This is made abundantly clear to consular officers in the Foreign Affairs Manual. For example, they could get an I-134 from a sponsor who clears the 125% income threshold by a comfortable margin, and then discover that the sponsor has severe financial liabilities that are likely to make his/her available income substantially lower than their I-134 would seem to indicate. They can deny on that basis. Another example - a sponsor submits an I-134 with income comfortably above the 125% threshold, and a beneficiary with a serious medical condition that will require expensive ongoing treatment. Again, they can deny on that basis. They have discretion, and they will consider factors other than the numbers on the I-134.

USCIS has much less discretion when it comes time to submit an I-864 for the green card application. There's a specific section in the INA that covers this particular affidavit of support, and the requirements from the sponsor.

Anyway, you should look at this rationally. Why would a consular officer issue a visa to a beneficiary, and send them off to the US, knowing that they don't have a sponsor who can submit a sufficient I-864 affidavit of support? Wouldn't the beneficiary effectively be stuck in the US, unable to get a green card?

That said, some consulates do only require 100% with an I-134 for a K1, just as they would with any other type of non-immigrant visa. However, since the consulate isn't going to tell you whether or not they will, it's usually best to presume they'll want to see 125%.

[carine 1]

I'm in the exact same mess than you. I tried to search all over internet to find info about that, but it is all contradictory informations that I got. I thought about calling the US embassy in Paris, but their phone service is over taxed.

So what we will do, is that my US fiance will fill the I-134 (he meets 100% of the poverty guideline), and I will fill one with my assets (to show that for the I-186, we meet the 125% of the poverty guideline)...and we will also cross our fingers.

[Tinchen_ 21]

I'm in the exact same mess than you. I tried to search all over internet to find info about that, but it is all contradictory informations that I got. I thought about calling the US embassy in Paris, but their phone service is over taxed.

So what we will do, is that my US fiance will fill the I-134 (he meets 100% of the poverty guideline), and I will fill one with my assets (to show that for the I-186, we meet the 125% of the poverty guideline)...and we will also cross our fingers.

hey and welcome in my frustraded visa world lol hahaha.

i mean i understand when the laywer is saying it cuz he wants us a client and makes money of us u know. but i found out u still can hit the line when like ur fiance changes the job right now and hits the minimum or picks up hours and gets this confirmed that he makes this and that per year u know what i mean??? and im gonna bring to the interview a german goverment and bank statement that i have enough money to support for myself for some years lol. hey all u can do is be prepaired bring all documents with u and hope the person who is doing the interview with u has a good day and likes u so he/she gonna APPROVE it..

i wish you so much luck with it and hope it all will work out for u two

[Tinchen_ 21]

Your lawyer may be right.

As Harpa said, the HHS webpage you linked to shows the current poverty guidelines. Those same numbers are published in the I-864P as "100% of Poverty Guidelines". If you multiply any of those numbers X 1.25 then you'll get the numbers published in the I-864P as "125% of Poverty Guidelines".

Here's the deal about this...

Department of State policy is that an I-134 only requires 100% of the current poverty guidelines. This is the level that consulates require for most non-immigrant visas where an I-134 is required. However, a K1 is a unique animal. It's a non-immigrant visa that will specifically lead to immigration. Many consulates have been known to reject an I-134 as insufficient if the K1 sponsor couldn't meet the 125% income level. It's presumed around these parts that most consulates will require 125% with an I-134 for a K1 visa, but nobody knows for sure because the consulate's don't publish their requirements. Why? Because the Immigration and Nationality Act (INA) specifically gives them discretion. This is made abundantly clear to consular officers in the Foreign Affairs Manual. For example, they could get an I-134 from a sponsor who clears the 125% income threshold by a comfortable margin, and then discover that the sponsor has severe financial liabilities that are likely to make his/her available income substantially lower than their I-134 would seem to indicate. They can deny on that basis. Another example - a sponsor submits an I-134 with income comfortably above the 125% threshold, and a beneficiary with a serious medical condition that will require expensive ongoing treatment. Again, they can deny on that basis. They have discretion, and they will consider factors other than the numbers on the I-134.

USCIS has much less discretion when it comes time to submit an I-864 for the green card application. There's a specific section in the INA that covers this particular affidavit of support, and the requirements from the sponsor.

Anyway, you should look at this rationally. Why would a consular officer issue a visa to a beneficiary, and send them off to the US, knowing that they don't have a sponsor who can submit a sufficient I-864 affidavit of support? Wouldn't the beneficiary effectively be stuck in the US, unable to get a green card?

That said, some consulates do only require 100% with an I-134 for a K1, just as they would with any other type of non-immigrant visa. However, since the consulate isn't going to tell you whether or not they will, it's usually best to presume they'll want to see 125%.

hey girl, thanks for ur respond.it helped to get a different expierenced opinion on it u know...yeah we made our lil plan how to fix that problem and hope its gonna work lol...

but u right with ur comment thx