Poverty guidelines requirements

[merkin&regine 18]

That would be up to the sole discretion of the officer conducting the interview. You could ask in the PI specific forum to see if Manila accepts 100% instead of 125%.

Ok! But one question, since you're done with your journey.. Did you guys see the 125% guideline used on the remarks on your I-134? If your fiancé peeked on it on the window.. Hehehe . As I know written remarks will be on your I-134 by the consulate if you meet the requirements or not and what's the poverty level was the basis

[JimVaPhuong 4,863]

A lot of stuff is getting glossed over here and it's confusing me...

I believe that the adjusted income I have is due to the oil spill money I receive for losses. Maybe a reason.

Then that money won't count because you can't reasonably expect that income to continue. Ongoing income qualifies. One-time settlement payments do not. However, if you've still got the money then you could declare it as an asset.

So basically I have to include my fiance, myself, and my mom(co spooner) plus the two dependents I declare as 5 in a house hold? Do I use the 100 % or 125% guide lines?

I will income 2011 next month. Can I use those taxes instead...

You must include anyone you have a legal obligation to support or that you've included as dependents on your tax return. I doubt this applies to your mother.

Others have pointed out the statement on the Department of State website that says the I-134 requires only 100% of the poverty guidelines. Ignore that statement. That threshold applies to people who are receiving other types of non-immigrant visas, and need a financial sponsor to qualify. K1's don't fall into that category because they are non-immigrant visas that allow for immigrant intent. The consulate will apply pretty much the same rules they apply to any immigrant.

You can use your 2011 tax return if you've already filed it and it's already been accepted by the IRS.

One reason I was told by a immigration lawyer was that I declared my niece in my income and so did my mother.

Woah!!! Are you saying that you and your mother declared the same child as a dependent on your separate tax returns? That's illegal! I strongly urge you to file an amended return pronto!

Another thing I was told that you can use as many co sponsors, there is no limit for i134.

Fire the lawyer. He's dead wrong. There is more than enough collective experience here on VJ to confirm that consulates never accept multiple joint sponsors with an I-134.

Here's the deal on what's allowed with the two affidavits of support.

The I-864 will allow a sponsor to include income on their own affidavit of support from qualifying household members. The household member must be related to the sponsor as spouse, adult child, parent, or sibling, OR any person whom the sponsor claims as a dependent on their tax return. The household member's income is added to the sponsor's income, and the household member is included in the sponsor's household size. The household member must submit an I-864A, which is a contract between the household member and the sponsor. This option isn't available for the I-134 because there is no corresponding I-134A, nor any provision in the law that allows for it.

The I-864 allows a joint sponsor to be used if the primary sponsor cannot qualify on their own. Only one joint sponsor can be used per immigrant. However, that joint sponsor can also combine income with their own household members. The joint sponsor submits an I-864, just like the primary sponsor. Most consulates will allow a joint sponsor with an I-134, but they won't allow household members to combine income with the joint sponsor. The joint sponsor submits an I-134, just like the primary sponsor.

You must have one, and only one, sponsor who qualifies on their own income for their own household size, including the immigrant. That sponsor can be the primary sponsor (the petitioner), or it can be a joint sponsor. This rule applies to both the I-134 and I-864. The significant difference is that the I-864 allows a sponsor to combine income with their household members, while the I-134 does not.

This means you need ONE PERSON who can fully qualify on their own, based on their own income, assets, and household size, which includes the immigrant. You cannot assemble a group of people who collectively qualify.

Another new question related to form I-134 part 7 way at the bottom where it states:

"I own a real estate valued at:_________________________"

"With Mortgage(s)or other encumbrance(s) thereon amounting $_______________________________________"

Heres the deal, "if" when filling this part 7 on I134, IF someone owns a home such as a house for example is this what they mean by real estate. Also, lets say that person is not yet owner of the house and still paying it to the bank?

Yes, a home is considered "real estate". They realize most people have a mortgage, and don't own their homes outright. This is why there's two lines on the affidavit of support. You enter the current market value of the home on the first line. You enter the sum total balance of all liens (mortgages) on the second line. The market value minus the total lien balance is the equity - this is what they will consider as an asset. For example, if the home is worth $250K, and the mortgage balance is currently $150K, then you have equity of $100K. They will consider that $100K as an asset that can be considered on the affidavit of support. If you currently owe more than the home is worth, like 1/5 of Americans currently do, then your home is not an asset - it's a liability - and it's worthless for an affidavit of support.

In order for the asset to qualify for consideration you must prove you own it, prove it's value, and prove the balance of the liens. A copy of a the title or deed will prove you own it. About the only thing they'll accept for proof of value is a recent appraisal from a licensed appraiser. They won't accept accept property tax appraisals because the tax collector rarely actually inspects your home to determine it's taxable value. They also won't accept "comparables" you got from Willow, or any other internet site that provides value estimates. Proving the balance of the liens can usually be done with a copy of the most recent mortgage statement.

Assets can be used to offset a shortage in income. If the immigrant is the spouse or minor child of the sponsor (a fiance counts as a spouse, for this purpose) then the asset can be used to offset income at a 1/3 ratio. In other words, $12K worth of assets will make up for $4K of income. If the immigrant is not the spouse or minor child of the sponsor, which would be the case for any joint sponsor you find, then the ratio is 1/5.

[merkin&regine 18]

A lot of stuff is getting glossed over here and it's confusing me...

Then that money won't count because you can't reasonably expect that income to continue. Ongoing income qualifies. One-time settlement payments do not. However, if you've still got the money then you could declare it as an asset.

You must include anyone you have a legal obligation to support or that you've included as dependents on your tax return. I doubt this applies to your mother.

Others have pointed out the statement on the Department of State website that says the I-134 requires only 100% of the poverty guidelines. Ignore that statement. That threshold applies to people who are receiving other types of non-immigrant visas, and need a financial sponsor to qualify. K1's don't fall into that category because they are non-immigrant visas that allow for immigrant intent. The consulate will apply pretty much the same rules they apply to any immigrant.

You can use your 2011 tax return if you've already filed it and it's already been accepted by the IRS.

I just want to Clear this out... I-134 only needs 100%... My fiance has a friend who got interviewed 2 days ago at the US Embasy in Manila and said that the income requirement for I-134 is only 100%... This post is really not true.. I came here for accurate information and here it is, we get a reply from a senior member that's not accurate.

Because I was very hesitant on believing this, I email US Embassy in Manila which states the FF:

Hi,

Thank you so much for your response, now that I have researched on I-134, I've encountered 2 different answers on the income requirement of I-134, I have read that, since K1 is a fiance's non immigrant visa, the sponsor needs to have at meet the 125% of the 2011 federal poverty guideline.

But when I went to the travel.state.gov website, it says differently, which states the FF: (This is a word for word copy transcript from the 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.

and this is the link of the website:

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

I am very confused though, Is it 100% of the federal poverty guideline? or 125%?

Thank you so much..

And Here's the Embassy's reply... and I just want to straight this confusion out once and for all for all the member here:

Fiancé(e)s of U.S. citizens (K1) are required to submit a I-134 Affidavit of Support from the petitioner together with a copy of the petitioner’s most recent Federal income tax return (Form 1040).

The minimum income requirement for Form I-134 is 100% of poverty guidelines.

If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant's support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

/gcp

I will also start a topic about this in order for people to clarify this, I just thought we ollow guidelines set on US DOS, NVC or CIS website for guidance and not opinions.

Thanks...

[Stephen + Elisha 92]

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

[VanessaTony 3,567]

I just want to Clear this out... I-134 only needs 100%... My fiance has a friend who got interviewed 2 days ago at the US Embasy in Manila and said that the income requirement for I-134 is only 100%... This post is really not true.. I came here for accurate information and here it is, we get a reply from a senior member that's not accurate.

<snip>

Mmm No. It really is country dependant. Most countries rely on 125% even though the "rules" say they won't because of the reasons that Jim outlined and also as the poster above me said.

The income should be above 125%. If it's only above 100% you're running the risk of needing a co-sponsor and running around trying to get one organised when the case is denied. Manilla often doesn't allow co-sponsors for a K1 so you would just be denied instead of RFE'd if the income isn't sufficient... really not worth the risk.