I-134 for K-1 A Little Confused!

[Mrs-Belle 0]

Ok, so I know that the basic rule for the K-1 visa is to follow the I-134.

I meet this requirement for income.

I am a household of 3 (me and my two daughters) plus my fiance of course would make it 4.

My income is almost $26,000.00 per year.

So I meet the requirement for the 100% guideline.

MY QUESTION IS THIS!!!!!

I have been told that some embassies go by the 125% guidelines even for the K-1 Visa. I am trying to figure out the best course of action from people who might have been in my situation. I will not meet the guidelines at this point for the 125%.

We have agreed that my mother will sponsor him when the time comes and my income would not be sufficient. She makes well over $60,000 per year and has been on her job for over 35 years. She meets the requirements (even though I know it doesnt actually work that way) to cover all 4 of us and her and my father easily.

So, what should I send with him to his interview? Just the I-134? Should I go ahead and let my mother fill out her I-864 to show our intent? I just hate the thought of them thinking "Hmm so her income meets 100% but what will she do when it is time to meet 125%.

Can somebody please give me some advice here on what I should do or if anyone has experience with this type of situation?

[Crazy Rabbit 1]

If you are going to eventually need a co-sponsor, I would go ahead with that now. I don't know why one is 100% and the other 125% because once you are married and file for the green card, you will need to show the 125%. Now just to be fair, I don't have experience with your exact situation, but I had thought about that before and I was considering finding a co-sponsor if that was going to be the case for me. Since your mother has agreed to be a co-sponsor, I'd go with that from the get go and save yourself the headache later.

[Brandon Gillin 7]

You're going to have to show that you can supply enough income to support your fiance at 125% of the poverty level or more. The 100% level is only for those who are in the U.S. Armed Forces. (See Form I-864P). The guidelines for Form I-864 Affidavit of Support are used by the consulates; this makes sense because once your spouse applies for AOS, the I-864 is required.

The I-134 isn't ever required, but can be useful to allay public charge concerns. In your case, it is advisable to use it. Since you cannot meet the 125% requirement yourself, both you and your joint sponsor should prepare Forms I-134 (with supporting evidence) so your fiance can hand them to the consular officer at the interview.

Good luck!

[Mrs-Belle 0]

You're going to have to show that you can supply enough income to support your fiance at 125% of the poverty level or more. The 100% level is only for those who are in the U.S. Armed Forces. (See Form I-864P). The guidelines for Form I-864 Affidavit of Support are used by the consulates; this makes sense because once your spouse applies for AOS, the I-864 is required.

The I-134 isn't ever required, but can be useful to allay public charge concerns. In your case, it is advisable to use it. Since you cannot meet the 125% requirement yourself, both you and your joint sponsor should prepare Forms I-134 (with supporting evidence) so your fiance can hand them to the consular officer at the interview.

Good luck!

Ok, I was told that the primary guidelines that are followed for the K-1 is the I-134 which follows 100% of the poverty level. Technically, sponsors are not supposed to be allowed for the K-1 visa. So, what I was trying to figure out was which form I should send in. On all government websites, it states that the petitioner must meet 100% of the poverty level for the k-1 visa with the I-134 support document.

Have I missed something???

[lost_at_sea 995]

Ok, I was told that the primary guidelines that are followed for the K-1 is the I-134 which follows 100% of the poverty level. Technically, sponsors are not supposed to be allowed for the K-1 visa. So, what I was trying to figure out was which form I should send in. On all government websites, it states that the petitioner must meet 100% of the poverty level for the k-1 visa with the I-134 support document.

Have I missed something???

Which website were you looking at? Some of them are just worded really badly.

Co-sponsors for finance are allowed for K1 in some countries and not others. I believe the 100% vs. 125% for the I-134 is at the discretion of the interviewing officer, and again, some countries specify one over the other always.

Edited August 9, 2013 by lost_at_sea

[Mrs-Belle 0]

Which website were you looking at? Some of them are just worded really badly.

Co-sponsors for finance are allowed for K1 in some countries and not others. I believe the 100% vs. 125% for the I-134 is at the discretion of the interviewing officer, and again, some countries specify one over the other always.

We will be going through Barbados. I have looked through the forum for that embassy. But, I can't seem to find anything giving me info about cosponsors. Any suggestions?