Form I-134: Affidavit of Support

[nguyendo 0]

If I-134 required the income is 100% of poverty not 125%

3. Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

[KayDeeCee 4,893]

3. Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

This is not new information to me. The I-134 was not created with K-1 visas in mind. That affidavit of support is for non-immigrant, temporary visitors to the US. The K-1 is technically a non-immigrant visa, but is unique in that its purpose is actually for the K-1 entrant to stay and adjust status. The consulates are well aware of this. Some consulates follow the I-134 instructions. Most do not. The consulates can make their own policy procedures, and do. The I-134 is not even a DoS form, nor is it legally binding. The CO has full and sole discretion for determining what is required to prove to them the foreign fiance(e) will not become a public charge. They have a lot of leeway and use it. This is posted about very frequently on VJ.

Edited March 17, 2013 by Jay-Kay