When to file petition if we want to use income from 2013 on affadavit of support?

[Darnell 8,479]

unless you are a military person,

it's 125 percent of the poverty guideline, not 100 percent.

please have a rethink, after re-computing ?

Good Luck !

[a+o 0]

unless you are a military person,

it's 125 percent of the poverty guideline, not 100 percent.

please have a rethink, after re-computing ?

Good Luck !

As I said in my previous post, the official page for the K-1 visa states,

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.

Where are you getting your information? Please link to the resource.

[Darnell 8,479]

Where are you getting your information? Please link to the resource.

Alrighty. Shut My Hole, as this has changed.

[a+o 0]

Alrighty. Shut My Hole, as this has changed.

Just want to make sure the info/advice I receive is current and accurate. I appreciate the help.

[Gary and Alla 3,694]

Thanks for your answer.

The wording on the current I-134 form is,

When I had a full-time (W-2) job, I made 50K+. I've been traveling since late-2010 and work as needed. We have decided to apply for a K-1 visa, so the need is 15K for 2013. I maintain a mailing address in the States, but haven't returned for more than a few months at a time. Since this is a bit unconventional, I don't want to raise any red flags. Submitting a 1040 from 2013 showing the minimal income requirement seems to be the most uncomplicated way to go.

What you're saying does make sense. They must interview lots of couples that meet while traveling?

I met my wife while traveling.

You are imagining red flags and trying to avoid red flags you imagine. They go by current income. You have a US domicile and that is all that is needed. You can file the I-134 at any time. ANY time you file the I-134 you must state CURRENT income. The income on your most recent tax return will probably not be the same. Be prepared to verify current income at the time of the interview.

as stated before, if LAST year's income was $500,000 and you have -0- income today, you do not qualify. If 2012 income was $6450.00 and your current annual income is $45,000.00, you qualify! Prove it with check stubs, profit/loss statement, bank deposits. etc.

Edited March 22, 2013 by Gary and Alla

[a+o 0]

I met my wife while traveling.

You are imagining red flags and trying to avoid red flags you imagine. They go by current income. You have a US domicile and that is all that is needed. You can file the I-134 at any time. ANY time you file the I-134 you must state CURRENT income. The income on your most recent tax return will probably not be the same. Be prepared to verify current income at the time of the interview.

as stated before, if LAST year's income was $500,000 and you have -0- income today, you do not qualify. If 2012 income was $6450.00 and your current annual income is $45,000.00, you qualify! Prove it with check stubs, profit/loss statement, bank deposits. etc.

I read the instructions and I-I34 carefully, nowhere does it say you must state current income. The wording on the form is, "I derive an annual income of: ______________________ (If self-employed, I have attached a copy of my last income tax return...)"

Your statement, "if LAST year's income was $500,000 and you have -0- income today, you do not qualify" makes sense if you are a W-2 employee, because your employer must give a statement about your salary and position. If you are self-employed, you would not be required to state anywhere that your income has fallen to zero.

My main question was about when I should file our petition and that question has been answered. Thanks to all.