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Filed: K-1 Visa Country: Canada
Timeline
Posted

My 2 children and I are planning on immigrating to the USA from Canada via a K1 visa. My fiance is worried that his income will not meet the immigration requirements. He makes just shy of the 125%. So his father is willing to co-sponsor.

which form does he need to fill out? The I-134 or I-864?

Please help.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Does your fiancé live with his father?

And the I-134 is just used at the Embassy, not for the AOS once you get married in the US the !-864 is used for that, which is the 125%. If you fiancé lives with his father the father can fill out the I-1864A if not he has to be a joint sponsor.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The I-134 is used for for the co-sponsor as well. Have them fill one out and provide most recent tax transcript, letter from employer and/or most recent pay stubs plus proof of being a USC or LPR.

Does your fiancé live with his father?

And the I-134 is just used at the Embassy, not for the AOS once you get married in the US the !-864 is used for that, which is the 125%. If you fiancé lives with his father the father can fill out the I-1864A if not he has to be a joint sponsor.

Just because someone lives in the same house as someone and has the option, does not mean they have to, or should, fill out an I-864A as a household member. Most of the time it is easier and better for them to be the joint sponsor, especially if they are also married. Though the OP was asking about the K-1 visa interview and not AOS.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

The I-134 is used for for the co-sponsor as well. Have them fill one out and provide most recent tax transcript, letter from employer and/or most recent pay stubs plus proof of being a USC or LPR.

Just because someone lives in the same house as someone and has the option, does not mean they have to, or should, fill out an I-864A as a household member. Most of the time it is easier and better for them to be the joint sponsor, especially if they are also married. Though the OP was asking about the K-1 visa interview and not AOS.

Apologies, but the question seemed more about the overall general immigration process not just the interview part but also the physically immigration and AOS. The I-134 has no specific income requirement and is typically less scrutinized than the I-864 which is used for the AOS. The I-134 is just presented at the interview for visa approval. Now the reason I asked about the household member part is, a joint sponsor must make the full 125% of the poverty level to sponsor the immigrants. A household member simple adds their income to the primary sponsor. I don't know how much her fiancé's father makes, but if the case is that he doesn't make enough to cover the full 125% he could just be included as a household member to make up the slight difference. And I don't know what you were referring to about the marriage part, but I was only trying to clarify and provide some assistance.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Apologies, but the question seemed more about the overall general immigration process not just the interview part but also the physically immigration and AOS. The I-134 has no specific income requirement and is typically less scrutinized than the I-864 which is used for the AOS. The I-134 is just presented at the interview for visa approval. Now the reason I asked about the household member part is, a joint sponsor must make the full 125% of the poverty level to sponsor the immigrants. A household member simple adds their income to the primary sponsor. I don't know how much her fiancé's father makes, but if the case is that he doesn't make enough to cover the full 125% he could just be included as a household member to make up the slight difference. And I don't know what you were referring to about the marriage part, but I was only trying to clarify and provide some assistance.

Many consulates follow the I-864 guidelines for the I-134 used for a K-1 visa, including the 125% income requirement.

The marriage part was in reference to the joint sponsor being married. Their spouse would file an I-864A to go along with their I-864 for joint sponsorship. It tends to be easier to keep track of the household count when someone uses the I-864 as a joint sponsor instead of an I-864A as a household member when married and/or having dependents of their own and basically being head of their own household. I was also just trying to clarify, particularly about the common misconception that just because you live under the same roof means someone should provide an I-864A as household member instead of an I-864 as joint sponsor. it depends on the situation of the individual case. It could very well turn out that it is beneficial for a household member to combine their income with that of the USC petitioner/sponsor and meet the requirement for the larger combined household size, or it may not.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

  • 4 weeks later...
Filed: K-1 Visa Country: Canada
Timeline
Posted

My fiance does not live with his father. we are just worried because he switched careers last year so his earnings were significantly lower than what they are now. we just figured it's better to be safe than sorry.

I'm just trying to figure out what form needs to be filled out specifically by his father.

 
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