PLEASE HELP

[Team Masters 1]

WE just submitted our forms for the K-1 visa. We have noticed I am close to the poverty guidelines in terms of the amount of people we will have in household. I am divorced with 3 children. I have custody of one. Does any one know what the guidelines are and if it is for all 3 of my children or just the one that is living with me and I claim on my income taxes. Also are the numbers before taxes or after taxes. Gross vs net ? Please we need any ones advise on this.

Thank you in advance

One Half of Team Masters

[Travis and Meghan 24]

think of it this way, when you file taxes, which children do you claim as dependants? If you claim all of them as dependants, than you need to list them all as dependants on the I-134. So, say that all of them are still dependent on you, that's 3 children + your fiancee+ you, your household size is five. they go by gross income too, not net. If you don't quite make it then you can use a co sponsor. Luckily you have a while yet before you'll need to have everything ready

[GoingCrazy2012 16]

Link to updated Poverty Guidelines for 2012

http://aspe.hhs.gov/poverty/12poverty.shtml

In your case it would be a household of five, so you need to prove that you an ADJUSTED GROSS INCOME of 33,752.50 which is 125% of the current poverty line.

[GoingCrazy2012 16]

Link to updated Poverty Guidelines for 2012

http://aspe.hhs.gov/poverty/12poverty.shtml

In your case it would be a household of five, so you need to prove that you an ADJUSTED GROSS INCOME of 33,752.50 which is 125% of the current poverty line.

Please keep in mind that the Poverty Line table from the link is listed at 100% and unless you are Active Duty Military you must make 125% at a minimum.

To calculate the 125%:

Take current number from the table (link above) multiply by 125 and divide by 100 ... and SHABAM! That's your magic minimum number of AGC you need.

[VanessaTony 3,567]

Link to updated Poverty Guidelines for 2012

http://aspe.hhs.gov/poverty/12poverty.shtml

In your case it would be a household of five, so you need to prove that you an ADJUSTED GROSS INCOME of 33,752.50 which is 125% of the current poverty line.

Incorrect. The I-864P is where you get poverty line income info from. Until that is updated the above is irrelevant.

think of it this way, when you file taxes, which children do you claim as dependants? If you claim all of them as dependants, than you need to list them all as dependants on the I-134. So, say that all of them are still dependent on you, that's 3 children + your fiancee+ you, your household size is five. they go by gross income too, not net. If you don't quite make it then you can use a co sponsor. Luckily you have a while yet before you'll need to have everything ready

ALL of the children count if under the age of majority for their state, regardless of whether she claims them on taxes or not.

WE just submitted our forms for the K-1 visa. We have noticed I am close to the poverty guidelines in terms of the amount of people we will have in household. I am divorced with 3 children. I have custody of one. Does any one know what the guidelines are and if it is for all 3 of my children or just the one that is living with me and I claim on my income taxes. Also are the numbers before taxes or after taxes. Gross vs net ? Please we need any ones advise on this.

Thank you in advance

When you say "close" what do you mean? My husband was working and studying fulltime when we filed so his income was close (just $1K or so over). We were totally fine.

[Team Masters 1]

Thank you all for your replies thus far. Although I am finding I have even further questions.

I am unclear if we will be considered 3 or 5 being that I only claim one on my taxes. If it is 3 we will be fine if not we will need a co-sponsor because I am just below the 125% threshold.

We were unsure of the guidelines before and did not factor that in to our original I-129F packet. Should that have been submitted then or do we only need it when we submit the I134 form ? Will we need an I-134 form from the co-sponsor as well as mine?

What if any legal obligations does a co-sponsor have?

Will this affect our application as of now or will we need to have it for package 3?

Will we get an RFE over this since we did not include this in our original I-129F packet?

[VanessaTony 3,567]

Thank you all for your replies thus far. Although I am finding I have even further questions.

I am unclear if we will be considered 3 or 5 being that I only claim one on my taxes. If it is 3 we will be fine if not we will need a co-sponsor because I am just below the 125% threshold.

We were unsure of the guidelines before and did not factor that in to our original I-129F packet. Should that have been submitted then or do we only need it when we submit the I134 form ? Will we need an I-134 form from the co-sponsor as well as mine?

What if any legal obligations does a co-sponsor have?

Will this affect our application as of now or will we need to have it for package 3?

Will we get an RFE over this since we did not include this in our original I-129F packet?

How old are the children? If they're under 18 then no matter where they live you have to include them in the household count so it would be 5. If they're between 18 and 21 then you need to check the age of majority for your state to be sure.

No the income info isn't due until you receive p3 which is after you get petition approval which will be about 5 months from NOA1 so you have time before you need to do it. You can try getting another job to raise your income. Or yes, using a co-sponsor.

The I-134 isn't legally binding so the co-sponsor won't actually be obligated to do anything. When it comes time to file AOS though (after the immigrant is here and you've married) the I-864 is legally binding. The joint sponsors have the same legal responsibility as the primary sponsor (you) in that if the immigrant claims means-tested benefits they MAY be asked to pay it back to the US government.

Won't affect you yet. Not until P3 so like I said, you have time.

No. It's part of P3. This is P3 (for Australia): http://canberra.usembassy.gov/fiance_niv_appl.html

Edited February 24, 2012 by Vanessa&Tony

[JimVaPhuong 4,863]

Thank you all for your replies thus far. Although I am finding I have even further questions.

I am unclear if we will be considered 3 or 5 being that I only claim one on my taxes. If it is 3 we will be fine if not we will need a co-sponsor because I am just below the 125% threshold.

We were unsure of the guidelines before and did not factor that in to our original I-129F packet. Should that have been submitted then or do we only need it when we submit the I134 form ? Will we need an I-134 form from the co-sponsor as well as mine?

What if any legal obligations does a co-sponsor have?

Will this affect our application as of now or will we need to have it for package 3?

Will we get an RFE over this since we did not include this in our original I-129F packet?

Anyone you claim as a dependent on your tax return is considered part of your household, whether or not they're your child or even related to you. They generally consider ALL of your children part of your household, regardless of whether or not you claim them as dependents. This is because you have a legal obligation to support them unless you've relinquished or lost your parental rights. Unless there's something you haven't told us, it sounds like your household size will be five - yourself, three children, and your fiancee.

The I-134 is the affidavit of support used by consulates for K visas. If you submit a joint sponsor then your joint sponsor will also need to submit an I-134. The required supporting evidence for nearly all consulates is a copy of the most recent tax return, or an IRS transcript of that tax return. This applies to the primary sponsor (you) as well as any joint sponsor you submit. A joint sponsor will also need to provide proof of their status as either a US citizen or permanent resident.

They usually consider your income to be the "total income" line on your tax return, which is line 22 on a 1040 form. You can claim a different amount on the I-134 if you can provide proof that your current income is different from the amount shown on your tax return.

A sponsor, whether it's you or a joint sponsor, is considered based on their own household size PLUS the intending immigrant. This means you'll be considered based on your household size plus your fiancee, and your joint sponsor will be considered based on THEIR household size plus your fiancee.

The I-134 and supporting documents are usually submitted at the consulate interview. USCIS doesn't require them with the petition.

[lynJer 7]

Im not real clued up on this but my husband had to send in his tax forms for the last couple of years.....

He has 2 children but the ex slag claimed for one and he the other....in other words the CO specified they had joint legal custody but he paid her child support for both....why he agreed to have one of them live 100% with him without altering the CS Ill never know...but my point here is that I believe the income was worked out on him having one child...

Then he had to sponsor my 3 children as well as me once we arrived - even though only 2 of the 3 my children had visa's to reside...and we were fine...

so dont panick...if they ask for a guarantor Im sure youll find one...

[GoingCrazy2012 16]

Incorrect. The I-864P is where you get poverty line income info from. Until that is updated the above is irrelevant.

They will be updated sometime next month on the I-864P and you will see my number come up on that chart. So it is not incorrect, it has not been released yet as the official standard for Immigration but it is the correct 125% of the current poverty line.

ALL of the children count if under the age of majority for their state, regardless of whether she claims them on taxes or not.

When you say "close" what do you mean? My husband was working and studying fulltime when we filed so his income was close (just $1K or so over). We were totally fine.

[VanessaTony 3,567]

But NOT correct for immigration. It's wonderful to PREPARE people for the change but until it has changed the new figures are irrelevant.

[GoingCrazy2012 16]

Ok Ok Ok I guess you're right! LOL!

[Imagination 15]

For K-1 visa you have to be 100% on poverty guidelines.

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

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.

Edited February 25, 2012 by Imagination

[VanessaTony 3,567]

For K-1 visa you have to be 100% on poverty guidelines.

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

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.

Incorrect again. This is country dependent. Australia doesn't specify the whether they go by 100% or 125% so it is safer to assume 125% so you are not caught short.

Edited February 25, 2012 by Vanessa&Tony

[Imagination 15]

Incorrect again. This is country dependent. Australia relies on 125%.

It doesn't say it is country dependent. Other info. stated on that page states whether the info is country dependent or not. (for example the cost of K Visa)

reference of where you are getting your information from?