Income requirements applying to I-134

[sam.luns 0]

Just a simple question: People here say if your sponsor’s income does not meet the 125% poverty guideline then you need a co-sponsor. However I’ve found it on Travel.Stage.Gov website:

"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://www.travel.state.gov/visa/immigrants/types/types_2994.html#9

Do we still need to meet 125%?

Thanks.

[Anh map 2,098]

For most embassies and consulates the answer is yes, the 125% amount is required.

Here is what the London embassy website has to say regarding the affidavit of support >>> http://london.usembassy.gov/faffidavit.html

You should do some reading in the UK regional forum to learn from others who have recently gone through the K1 process at the London embassy.

[JoannaV 174]

It depends on the Embassy. You will be required to meet the 125% level when you file the I-864 when you adjust status, and so some Embassies require that for the K1 too. The I-134 is used for several different things and just because an Embassy uses it for the K1 doesn't mean that the requirements will be the same as when they use the I-134 in other circumstances. I believe (from other posts on this site) that London require 125% for the I-134.

(Remember, the I-134 is just a form that is used in this circumstance because it is convenient. The normal regulations that would apply for when one is using this for any other non-immigrant visa do not necessarily apply for K1, as although technically a non-immigrant visa you are, in practice, an immigrant.)

[Nich-Nick 3,354]

I've read that same 100% thing many times. I kinda think London would be okay with 100%. I recall an interview a few months back where they gave back the co-sponsor's I-134 and documents and said they didn't need them. He/she said but my fiance doesn't make enough. Embassy person said, "It's fine."

BUT as a K1, you are going to need an I-864 very shortly to apply for AOS, so squeaking by the K1 interview doesn't solve the need for a co-sponsor if income isn't 125%. Might as well meet the higher standard is my opinion.

London doesn't even require an I-134. A sponsor can write their own if they include all the necessary verbiage. And if the beneficiary has enough money they can sponsor themselves without a US sponsor. so they aren't overly strict.

Edited July 13, 2011 by Nich-Nick

[sam.luns 0]

For most embassies and consulates the answer is yes, the 125% amount is required.

Here is what the London embassy website has to say regarding the affidavit of support >>> http://london.usembassy.gov/faffidavit.html

You should do some reading in the UK regional forum to learn from others who have recently gone through the K1 process at the London embassy.

Anh map,

Thank you very much for your advice. I will read the UK forum more then.

[sam.luns 0]

It depends on the Embassy. You will be required to meet the 125% level when you file the I-864 when you adjust status, and so some Embassies require that for the K1 too. The I-134 is used for several different things and just because an Embassy uses it for the K1 doesn't mean that the requirements will be the same as when they use the I-134 in other circumstances. I believe (from other posts on this site) that London require 125% for the I-134.

(Remember, the I-134 is just a form that is used in this circumstance because it is convenient. The normal regulations that would apply for when one is using this for any other non-immigrant visa do not necessarily apply for K1, as although technically a non-immigrant visa you are, in practice, an immigrant.)

Oh, right. Thank you so much for your clear answer!

[sam.luns 0]

I've read that same 100% thing many times. I kinda think London would be okay with 100%. I recall an interview a few months back where they gave back the co-sponsor's I-134 and documents and said they didn't need them. He/she said but my fiance doesn't make enough. Embassy person said, "It's fine."

BUT as a K1, you are going to need an I-864 very shortly to apply for AOS, so squeaking by the K1 interview doesn't solve the need for a co-sponsor if income isn't 125%. Might as well meet the higher standard is my opinion.

London doesn't even require an I-134. A sponsor can write their own if they include all the necessary verbiage. And if the beneficiary has enough money they can sponsor themselves without a US sponsor. so they aren't overly strict.

Nich-Nick,

Thank you so much for your reply. Yes, I also thought that when I adjust my status I would need an I-864 with 125% anyway. Since I was told by someone from the government that I only need 100% at this moment (for K-1) I wanted to clarify that. Your answer has cleared away my concern. Thanks.

[JoannaV 174]

I've read that same 100% thing many times. I kinda think London would be okay with 100%. I recall an interview a few months back where they gave back the co-sponsor's I-134 and documents and said they didn't need them. He/she said but my fiance doesn't make enough. Embassy person said, "It's fine."

London doesn't even require an I-134. A sponsor can write their own if they include all the necessary verbiage. And if the beneficiary has enough money they can sponsor themselves without a US sponsor. so they aren't overly strict.

I've read some posts were people interviewing at London were required to meet the 125% level, so I think it would be wise to be prepared for that eventuality, even if the co-sponsor's details are withheld unless requested.

[Nich-Nick 3,354]

I've read some posts were people interviewing at London were required to meet the 125% level, so I think it would be wise to be prepared for that eventuality, even if the co-sponsor's details are withheld unless requested.

I agree with what Joanna is saying. That's why I said

BUT as a K1, you are going to need an I-864 very shortly to apply for AOS, so squeaking by the K1 interview doesn't solve the need for a co-sponsor if income isn't 125%. Might as well meet the higher standard is my opinion.

I would never advise going to an interview without a really strong Affidavit of Support because if anything, that's what London seems to be most interested in checking, rather than further proofs of the relationship for example.

Edited July 14, 2011 by Nich-Nick

[sam.luns 0]

I agree with what Joanna is saying. That's why I said

BUT as a K1, you are going to need an I-864 very shortly to apply for AOS, so squeaking by the K1 interview doesn't solve the need for a co-sponsor if income isn't 125%. Might as well meet the higher standard is my opinion.

I would never advise going to an interview without a really strong Affidavit of Support because if anything, that's what London seems to be most interested in checking, rather than further proofs of the relationship for example.

YES, I do understand what you guys are saying. I am going to be well prepared for financial evidences specially. Thank you, guys, so much for your advice!