Fiance's Income and the beneficiary's possible job,

[raniel&sonson 3]

good day. I was again going to ask if there's a possibility of acquiring a K1 visa even the salary of the fiance will soon to reach the required poverty guideline after having a low income last year.

Is also the possible job of the foreign fiancee will increase the chances of getting approve?

[Penguin_ie 5,997]

The beneficiary's job chances will not mater, she doesn;t have the job yet.

The petitioner "soon" making enough won't matter, if he doesn't make enough now; you may want to delay the interview until he does make enough.

If you mean the petitioner didn;t make enough last year but is this year then that should be fine.

[TnJ 131]

good day. I was again going to ask if there's a possibility of acquiring a K1 visa even the salary of the fiance will soon to reach the required poverty guideline after having a low income last year.

Is also the possible job of the foreign fiancee will increase the chances of getting approve?

Welcome. As long as the petitioner can prove that he/she makes more than the 125% guideline at the time of interview, it will be okay. The evidence as a whole needs to point to CURRENT income. It doesn't matter if the beneficiary has a job or not. The beneficiary would only lose that job once he/she was in the US anyway. The petitioner is the sponsor. The burden of financial support falls on the USC petitioner.

[raniel&sonson 3]

The beneficiary's job chances will not mater, she doesn;t have the job yet.

The petitioner "soon" making enough won't matter, if he doesn't make enough now; you may want to delay the interview until he does make enough.

If you mean the petitioner didn;t make enough last year but is this year then that should be fine.

Yes, at the end of this year, we estimated his income and it will now reach the required poverty level. Thank you so much for your your reply. God bless.

[raniel&sonson 3]

Welcome. As long as the petitioner can prove that he/she makes more than the 125% guideline at the time of interview, it will be okay. The evidence as a whole needs to point to CURRENT income. It doesn't matter if the beneficiary has a job or not. The beneficiary would only lose that job once he/she was in the US anyway. The petitioner is the sponsor. The burden of financial support falls on the USC petitioner.

My fiance is already working full time and at the end of this year, his ITR will increase and will reach the required poverty level. On the other hand, I thought that the required poverty level for I-134 Affidavit of Support is only 100%? I'm also thinking that because I'm currently working and had finished a degree, my possibility of becoming a public charge may decrease. Thank you so uch for your reply and Godbless..

[MarMire 2]

My fiance is already working full time and at the end of this year, his ITR will increase and will reach the required poverty level. On the other hand, I thought that the required poverty level for I-134 Affidavit of Support is only 100%? I'm also thinking that because I'm currently working and had finished a degree, my possibility of becoming a public charge may decrease. Thank you so uch for your reply and Godbless..

That is correct, 125% is for I864, the required poverty level for I-134 Affidavit of Support is only 100%

[TnJ 131]

My fiance is already working full time and at the end of this year, his ITR will increase and will reach the required poverty level. On the other hand, I thought that the required poverty level for I-134 Affidavit of Support is only 100%? I'm also thinking that because I'm currently working and had finished a degree, my possibility of becoming a public charge may decrease. Thank you so uch for your reply and Godbless..

The possibility of you becoming a public charge may very well decrease if you are working. However, the requirement the CO will be looking at is the petitioner's ability to provide the necessary income. Only the USC or a cosponsor are eligible to meet this. If the petitioner's income meets the requirement, and supporting documents show this, there should be no problem. The I-134 is used for different types of visas. The 125% guideline comes from the I-864P form. The I-864 form is what is used when Adjusting Status after marriage. The CO looks for 125% because this is the actual level needed for a successful AOS. God bless you too.

That is correct, 125% is for I864, the required poverty level for I-134 Affidavit of Support is only 100%

125% is what is needed for a K-1

Edited August 10, 2012 by ToddnJessa

[MarMire 2]

The possibility of you becoming a public charge may very well decrease if you are working. However, the requirement the CO will be looking at is the petitioner's ability to provide the necessary income. Only the USC or a cosponsor are eligible to meet this. If the petitioner's income meets the requirement, and supporting documents show this, there should be no problem. The I-134 is used for different types of visas. The 125% guideline comes from the I-864P form. The I-864 form is what is used when Adjusting Status after marriage. The CO looks for 125% because this is the actual level needed for a successful AOS. God bless you too.

125% is what is needed for a K-1

What is the I-134, Affidavit of Support?

The I-134 affidavit of support is required for certain nonimmigrant benefits including the K-1 fiancé visa application. On the I-134, affidavit of support, a sponsor must demonstrate that he or she has income exceeding 100% of the applicable poverty guideline.

What is the I-864, Affidavit of Support?

The I-864 affidavit of support is required for certain family-based immigration benefits including permanent residency. On the I-864, a sponsor must demonstrate that he or she has income exceeding 125% of the applicable poverty guideline (unless an active member of the military). An immigrant applicant may have more than one I-864 affidavit of support filed for him or her.

[raniel&sonson 3]

The possibility of you becoming a public charge may very well decrease if you are working. However, the requirement the CO will be looking at is the petitioner's ability to provide the necessary income. Only the USC or a cosponsor are eligible to meet this. If the petitioner's income meets the requirement, and supporting documents show this, there should be no problem. The I-134 is used for different types of visas. The 125% guideline comes from the I-864P form. The I-864 form is what is used when Adjusting Status after marriage. The CO looks for 125% because this is the actual level needed for a successful AOS. God bless you too.

125% is what is needed for a K-1

Yes, I know that the I-864 is required for the immigrant visa and for AOS but for us there will be no problem with regards to the oo-sponsor because the USCIS allows it and we can ask my Fiance's immediate family and relatives. Right now, I've been thinking about my admission to the US using K1 visa because in the US Embassy Manila, it depends on the CO if they will acknowledge it. Thank you for all the information.

[raniel&sonson 3]

That is correct, 125% is for I864, the required poverty level for I-134 Affidavit of Support is only 100%

Thank you. My fiance has no dependent because he is a single and at the end of this year, his salary will exceed the required 100%. Do you think, they will acknowledge that even his salary last year is below the required poverty level and that above 100% is by the end of 2012?

[TnJ 131]

What is the I-134, Affidavit of Support?

The I-134 affidavit of support is required for certain nonimmigrant benefits including the K-1 fiancé visa application. On the I-134, affidavit of support, a sponsor must demonstrate that he or she has income exceeding 100% of the applicable poverty guideline.

What is the I-864, Affidavit of Support?

The I-864 affidavit of support is required for certain family-based immigration benefits including permanent residency. On the I-864, a sponsor must demonstrate that he or she has income exceeding 125% of the applicable poverty guideline (unless an active member of the military). An immigrant applicant may have more than one I-864 affidavit of support filed for him or her.

That's fine. In Manila, we have to be 125%. Consulates may look at it differently between the two at the interview, but 125% is what is expected if one expects to AOS after the visa is in hand. Given that the consulates know this, some will deny if below 125%.

Edited August 10, 2012 by ToddnJessa

[TnJ 131]

Thank you. My fiance has no dependent because he is a single and at the end of this year, his salary will exceed the required 100%. Do you think, they will acknowledge that even his salary last year is below the required poverty level and that above 100% is by the end of 2012?

In Manila, expect to meet the 125% guideline. Consulates vary, and this adds confusion which then adds confusion here.

[MarMire 2]

That's fine. In Manila, we have to be 125%. Consulates may look at it differently between the two at the interview, but 125% is what is expected if one expects to AOS after the visa is in hand. Given that the consulates know this, some will if below 125%.

I hope that in Venezuela only ask for 100%.

[TnJ 131]

I hope that in Venezuela only ask for 100%.

Check around with other Venezuelan members here. I couldn't tell you. I only know that Manila, PH expects 125% from other members' experiences. In the end, that is what is going to be needed for a future spouse to gain residency so its best to prepare for it in either case.

[TnJ 131]

I hope that in Venezuela only ask for 100%.

MarMire, I apologize. I shouldn't have been so cut and dry initially speaking because of the variations. Another example of how consulates can vary is that Manila in many cases does not accept a cosponsor for K-1 visa applicants. In theory, they should because the I-134 allows for cosponsors, but Manila is very strict concerning the Affidavit of Support.