PLEASE HELP

[Imagination 15]

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.

I got my information from gov't website. It states that for K visa, you should be at least 100% of poverty guideline

[and I-134 is optional for K-1 (though you have to show evidence of financial support)--> this info. could be country dependent]

[VanessaTony 3,567]

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?

There is no "reference"... this is common knowledge on VJ (and the immigration community). Once the paperwork arrives at the home country the home countries different rules apply. "That page" as you call it is the state site, each country has it's own list of documents/requirements.

For example:

- The I-134 does NOT require tax returns however several countries REQUIRE you submit them with the I-134. Australia does not and I did not and was of course approved without RFE with a 5-10 minute "chat" with the IO

- The K1 technically does NOT require immunisations. Mexico for example doesn't do it at all, Australia DOES and requires your shots be up-to-date before your leave, the UK doesn't have Varicella available so unless you have history of that they will let you leave without it and you must get it for AOS

- The Philippines require a CFO class before you can leave the country

- Australia you MUST send P3 before they book your interview, others you take the P3 info TO the interview

- Some other countries have compulsory AP/AR

For the visa section this is country dependant.

Edited February 25, 2012 by Vanessa&Tony

[VanessaTony 3,567]

I got my information from gov't website. It states that for K visa, you should be at least 100% of poverty guideline

[and I-134 is optional for K-1 (though you have to show evidence of financial support)--> this info. could be country dependent]

You got it from the "general" site. There are many countries in this world and each determine their requirements (while keeping within USCIS requirements of course)

Edited February 25, 2012 by Vanessa&Tony

[Imagination 15]

There is no "reference"... this is common knowledge on VJ (and the immigration community). Once the paperwork arrives at the home country the home countries different rules apply. "That page" as you call it is the state site, each country has it's own list of documents/requirements.

For example:

- The I-134 does NOT require tax returns however several countries REQUIRE you submit them with the I-134. Australia does not and I did not and was of course approved without RFE with a 5-10 minute "chat" with the IO

- The K1 technically does NOT require immunisations. Mexico for example doesn't do it at all, Australia DOES and requires your shots be up-to-date before your leave, the UK doesn't have Varicella available so unless you have history of that they will let you leave without it and you must get it for AOS

- The Philippines require a CFO class before you can leave the country

- Australia you MUST send P3 before they book your interview, others you take the P3 info TO the interview

- Some other countries have compulsory AP/AR

For the visa section this is country dependant.

That is the PROBLEM! When you don't have the official information, and keep spreading it.

The state GOVT website has the most UP-TO-DATE information! that EVERYONE should relate back to, to make sure ONLY ACCURATE information is given.

like I said before the information that IS country dependent is stated on that website.

BTW. About I-134.. if you read the instructions: Tax returns are one of the listed documents. (Like i said before, the I-134 itself is optional in some countries)

EVEN THOUGH i got the information from general K-1 information website, it states when the information is country dependent or not.

FOR EXAMPLE:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

My suggestion to the OP: check your embassy/consulate website for most up-to-date and accurate information.

[VanessaTony 3,567]

That is the PROBLEM! When you don't have the official information, and keep spreading it.

Actually I do have the embassy in Australia's packet 3 information. THAT is where I get my info. I stated "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." and this information IS correct for Australia.

The state GOVT website has the most UP-TO-DATE information! that EVERYONE should relate back to, to make sure ONLY ACCURATE information is given.

No they shouldn't. They should check their embassy website. THAT is the most current info for THEIR country

BTW. About I-134.. if you read the instructions: Tax returns are one of the listed documents. (Like i said before, the I-134 itself is optional in some countries)

Um no. Again you're wrong. Please read the instructions: http://www.uscis.gov/files/form/i-134instr.pdf Tax returns are only required if you are self-employed. If they WERE required for people employed by a company or whatever I (and many others) wouldn't have been approved without them. We submitted ONLY what was REQUIRED which was the bank letter and employer letter.. and again, approved without RFE without issue.

My suggestion to the OP: check your embassy/consulate website for most up-to-date and accurate information.

Actually that was MY suggestion, that info is COUNTRY SPECIFIC. I KNOW what happens in Australia and am therefore able to give Australia specific advice. Unless you went through Australia, the same cannot be said.

**Edit - I also note that you wrote a previous topic where the I-134 isn't require for your country (Pakistan)... once again proving the K1 visa is COUNTRY SPECIFIC as I have said. The I-134 IS required for Australia.

Edited February 25, 2012 by Vanessa&Tony

[JimVaPhuong 4,863]

That is the PROBLEM! When you don't have the official information, and keep spreading it.

The state GOVT website has the most UP-TO-DATE information! that EVERYONE should relate back to, to make sure ONLY ACCURATE information is given.

like I said before the information that IS country dependent is stated on that website.

BTW. About I-134.. if you read the instructions: Tax returns are one of the listed documents. (Like i said before, the I-134 itself is optional in some countries)

EVEN THOUGH i got the information from general K-1 information website, it states when the information is country dependent or not.

FOR EXAMPLE:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

My suggestion to the OP: check your embassy/consulate website for most up-to-date and accurate information.

Actually, if you read the I-134 instructions it says tax returns are only required if you're self-employed. Yet, most consulates require a tax return from everyone, whether they're self-employed or not. The packet 3 instructions my wife got at the consulate in HCMC were very explicit:

The original form I-134 must be accompanied by records of the petitioner’s income for the most recent tax year. The preferred record of income is the Complete Income Tax Return Transcript from the Internal Revenue Service (IRS) (formerly IRS Form 1722). However, W-2s and a certified copy of a complete federal tax return (Form 1040), including all pertinent schedules, might be acceptable in some cases.

Now, why would the consulate's instructions differ from the instructions that come with the form? Could it be that the form was originally designed by USCIS/INS (hence the "I" prefix), while the consulate is Department of State?

Consulates aren't bound by the form instructions. They use the I-134 because it's a convenient way to collect the financial information they want from the sponsor. In reality, the I-134 is little more than a cover letter for that financial evidence.

Also, most consulates do not explicitly say what the minimum income requirement is for a K1 sponsor. Why? Because there IS no minimum requirement! The law doesn't establish a minimum threshold for K visas. Even the Foreign Affairs Manual doesn't provide any guidance to consular officers. It just says they can't require an I-864 because a K1 is a non-immigrant visa, and that an I-134 might be useful, and that they aren't supposed to give it the same weight as an I-864 because it's not legally binding on the sponsor.

There is a long list of VJ members who have been denied after having met the 100% threshold, as indicated on the Department of State website, but they were under the 125% threshold. There is more than sufficient evidence from individual cases on this site alone that consulates apply their own standards, and that those standards usually closely mirror the I-864 standards.

There also the matter of plain common sense. Why would a consulate approve a visa for a beneficiary whose sponsor will not be able to submit a sufficient affidavit of support for adjustment of status? Why send the beneficiary to the US knowing that they'll be stranded and unable to get a green card?

The law gives consular officers discretion over many of the factors they are supposed to consider, including the "public charge" determination. Each consulate has it's own general policies that provide guidance to their consular officers. You won't find those policies published on "official" government websites, nor is there any reason you should expect it. Those policies are often part of their arsenal in combating fraud. However, you can gain a great deal of insight into how consular officers at a particular consulate use their discretion by reading the experiences of others. This is why sites like VJ exist.

[Team Masters 1]

Ok Everyone we have figured out that I do not make enough money to be above the threshold. I am a Hairdresser thet works on commission. I have done so for the past 12 years in the same salon and my yearly earnings are quite similar from years past. I am not sure if being on commission comes into effect at all. Here is what we know so far and the questions we have that will help us determine our next course of action.

1. Last year I made $27,500. I am about $5k below the threshold for a family of 5 so I am putting in applications for a second job.

2. How does getting a second job effect this? I may not get on right away which may mean I will not make over that threshold in this year for total earnings.

3. So does USCIS consider a year from Jan 1 to Dec 31 or how does this work?

4. Will it be based on when we apply in the sense that even though I may not make that $33k this year that from holding two jobs over the next year will put me above the threshold. Say instead of Jan 1 to Dec 31 would they look at Mar 2012 to Mar 2013 a year?

5. If I were to clean for someone independently and they pay me $150 per week by check would this be considered income? How could I show it?

6. If I were to take a serving job would I then claim all tips since servers here make about $3 per hour and rely mainly on their tips?

7. How far in advance would I need to show proof that I am working two jobs to be above the threshold?

8. If I do not have a second job by the time we get our NOA2 and we use a co-sponsor then but I find a second job between then and filing for our AOS will we still need to use a co-sponsor?

If we have missed anything that you can offer any further advise on in any way please to do hesitate to reply. There may be more questions that need answers that we may have missed that will come from these after they are answered.

Thank you everyone

One Half of Team Masters

[VanessaTony 3,567]

1. Last year I made $27,500. I am about $5k below the threshold for a family of 5 so I am putting in applications for a second job.

2. How does getting a second job effect this? I may not get on right away which may mean I will not make over that threshold in this year for total earnings.

3. So does USCIS consider a year from Jan 1 to Dec 31 or how does this work?

4. Will it be based on when we apply in the sense that even though I may not make that $33k this year that from holding two jobs over the next year will put me above the threshold. Say instead of Jan 1 to Dec 31 would they look at Mar 2012 to Mar 2013 a year?

5. If I were to clean for someone independently and they pay me $150 per week by check would this be considered income? How could I show it?

6. If I were to take a serving job would I then claim all tips since servers here make about $3 per hour and rely mainly on their tips?

7. How far in advance would I need to show proof that I am working two jobs to be above the threshold?

8. If I do not have a second job by the time we get our NOA2 and we use a co-sponsor then but I find a second job between then and filing for our AOS will we still need to use a co-sponsor?

1. Not a qn.

2. They care about CURRENT income, not so much the prior income, even though prior income can signify a pattern of low earnings or whatever. Whether they'll accept a brand new job we can't really tell you. I would say if you have at least a month of pay stubs you stand a chance... but depends on the IO

3. It's "current" income... whatever they decide that to mean. So if you're earning well at the moment they'll be great, but like I said before, you don't know what the IO will accept until you're there. I should mention that I showed Tony's bank statements and letter from employer. I didn't show paystubs or tax returns... the I-134 doesn't ask for it and we were only JUST over the threshold. The income stuff is much more impt come AOS time

4. Yeah, basically... CURRENT income

5. You should show a contract or letter from them. You would also show timesheets/cheques.

6. This is where payslips and bank statements would come in. Depending on where you work will determine how they pay your tips. Some I've heard will pool the tips and pay everyone working during the particular shift in their regular pay method (so it's declared on tax). Some will pocket the cash so that you don't pay tax on it...

7. I'd say around a month would be good... but again, depends on the IO.

8. Remember the I-134 is not legally binding. So if you need a co-sponsor to get you through the K1 part, make sure you tell them that. This means you won't really need a higher income until you send in the AOS (which is after he's got the K1 visa, entered the US and you've married). If you need a joint sponsor for the AOS this IS legally binding. This makes it easier on you because: 1. People are more willing to help if they know it's not legally binding 2. This gives you more time to get another job and boost your income

Remember that assets can also be used. Given your $5K deficiency, you will need to have $15K in assets. MOST importantly, remember the I-134 isn't as important as the I-864 is come AOS time so you do have time. SO try and find a co-sponsor, look for another job (I know it's not easy) and see how you go. It will all work out.