NOA2 received, application approved

[rebeccajo 14]

If you can fly by New Delhi with the information meauxna has given (and she's got the knowledge so I would trust that) you can always file the I-864 at AOS phase under a different scenario.

In other words, once Mandi knows your visa is granted, she can move out into a place for the two of you (I think that's kind of your plan anyway). After your arrival and marriage, you can then file AOS with a household of two. Changing addresses BETWEEN the visa phase and AOS is not a problem.

I think you might also find it helpful to research the appropriate forum for other members going through New Delhi. The member Gupt would be a good person to ask specific questions of, although his fiance's interview was 18 months or so ago.

Edited September 18, 2006 by rebeccajo

[Ryan+Mandi 0]

Right. This is all very good advice, however you're saying that household size does not matter and she should make enough for herself or for the both of us. How is that calculated and what is the bare minimum she has to make then?

[Ryan+Mandi 0]

On going to travel.state.gov she needs to make 100% of the federal poverty guidelines. With 2 people in the household, she does make more than what is required. However, since I got that taken care of, now all I need to know is how is household size calculated in the I-134. Is it just her and me even if she lives with her family? If so, then we won't move as soon as I get there so we can save up some money before moving.

[Yodrak 7]

Souljah,

While you are wise to be looking ahead to the I-864 requirements, since you will have to comply with them soon enough, do recognize that they do not necessarily apply to K visas.

Beyond that, recognize that with the Final Ruling implementing I-864 issued in June there is a significant change with respect to the determination of Household Size.

The concern here is, she has 4 people in the household. With 4 people in the household, it's 25000 that she has to make. Or am I mistaken and she only has to cover herself and myself? Now, when filing the affadavit of support, does she ALSO have to support her family as well. IS that counted. Because if it is, there's no way she's making 25k a year.

Second concern is that we have somebody who makes more money for 5 people in a household however he's going to be a co sponsor. The thing is, I want him to be the only sponsor and therefore negate the fact that my fiancee doesn't have to sponsor. Reason I want that is because he does not have to compensate for the funds for her family IF HER family is counted. For the new delhi embassy located here: http://newdelhi.usembassy.gov/k_visas.html it's the I-134. Household size is NOT Mentioned neither is 125% but basically the USCIS follows the I-864. I'm concerned about this actually.

As others have told you already, the concept of Household Size does not apply to K visas and the I-134. The consular officer will look at the number of people identified as being fully or partiall dependent and make a determination as to whether or not the proposed sponsor's documented financial resources are adequate to support the sponor, the sponsor's dependents, and the visa applicant.

.... now all I need to know is how is household size calculated in the I-134. ....

Yodrak

Edited September 19, 2006 by Yodrak

[Yodrak 7]

Souljah,

Perhaps you can. There is no requirement that a K-visa sponsor must be the petitioner. Several VJers have been granted K visas at the consular section in London using a sponsor who was not their petitioner and without presenting any financial information from the petitioner.

Don't know what the policy might be in Delhi. You can try submitting only your sponsor of choice, but it would be prudent to have financial information from your fiancee on hand in the event that it is asked for.

Yodrak

So you're saying that I can't have another person just sign the support form and leave my fiancee out of it if she does not make enough cash. If she's staying in a large household, does the other co sponsor have to compensate for the members in her household as well?

Edited September 19, 2006 by Yodrak

[Ryan+Mandi 0]

Thanks for the information. It's greatly appreciated and it looks like we won't need a sponsor after all as she definitely meets income requirements for 2 people which goes above and beyond. I'll have to look for the papers needed for adjustment of status now.