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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes, the travel.state.gov site states that. However, it is not necessarily true for the I-134 being used for a K-1. The K-1 visa is a special type since it is technically a non-immigrant visa but it also has immigrant intent. Most consulates go by the I-864 guidelines for the I-134 and financial requirements because they know the I-864 will be needed not long after they enter with the K-1 and file for AOS to stay as permanent residents.

FAM states 125% is not a requirement of the I-134 as it is with the I-864, but that they need to look at the totality of the case and decide what they will accept. A CO has sole discretion for deciding what is acceptable to ensure the K-1 applicant will not become a public charge. The leeway they are given allows them to look for 125% instead of 100%. The I-134 instructions say no taxes are needed unless self-employed, but the FAM states differently on that too.

Different countries are more lax about the financials than others. Consulates known for higher fraud rates tend to be more stringent and strict about what they will accept. What works at one consulate, London for example, will not necessarily work at another.

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: AOS (pnd) Country: China
Timeline
Posted

I do not recollect seeing somebody get approved with 100% rather than 125%.

If I-864 is going to require 125% for AOS shortly after K1 visa,

it makes sense that they do 125% for I-134 for K1 visa.

I wonder why they made them different to begin with.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Hello friends,

Is there any one who still got approved without meeting the I-134 guides ?

if we can't find a co-sponsor ,what is the worst scenario ?

The affidavit of support is one of the most important part of the k1 visa process. If the petitioner can't support his or her fiance, 99.9% it will be denied.

I was talking to someone from USCIS when I was waiting for my NOA2, I asked her about the affidavit of support, like how important it really is and she told me it's very important " no money, no honey"

So a co- sponsor is necessary.

And about the I-134 most consulate use the 125% poverty line because, AOS is a requirement when you file for a k1 I-129f not an option, and for AOS they use the 125% poverty line.

Good luck on your journey!!!

Edited by derrickmichille

I am the petitioner

I- 129f packet sent Jan 11 2014

Noa 1 Jan 15 2014

Alien registration number changed Jan 16 2014

NOA 2 June 16 2014 email and text

USCIS shipped petition to NVC June 19 2014 (Website update)

NOA 2 June 20 2014 Hard Copy Received

NVC case number received (via phone) July 1 2014

NVC forward petition to the embassy July 3 2014

consulate received petition July 8 2014

consulate received hard copy of petition(CEAC website update) July 15 2014

passed medical (took one day fiancee got there at 4:00am finished at 4:30pm) July 22 2014

CFO completed certificate issued (fiancee said people were very nice process very easy) July 30th 2014!!

Interview date scheduled for September 10th 2014!!

Interview approved!!!

Visa issued!! CEAC website September 16 2014!!

Visa received on September 18 2014 yeah!!!

POE September 21 2014!!! Yeeees!!! What a journey!!!!

Wedding day!! October 16 2014!!

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Filed: K-1 Visa Country: Thailand
Timeline
Posted

That is the only thing holding up our visa!

New 2013 tax return and updated I134........Im waiting for them to get it I sent it in 2 weeks ago.....

My 2012 tax return showed Im a well off person (but was joint with my ex-wife).

Its ridiculous because the CO well knows that I earn enough....it was addressed by my accountant and its clear on my 2012 rerun....

If they are making me jump through this hoop, I cant image why they would give someone who didn't meet the requirements a pass....

But thats immigration...it would not surprise me. Its all over the place sometimes.

All I know is that despite it being totally obvious that I can support my fiancee, they are holding us up for 1 month (or who knows how much longer) just to get it perfect for their files.

They need it.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

That is the only thing holding up our visa!

New 2013 tax return and updated I134........Im waiting for them to get it I sent it in 2 weeks ago.....

My 2012 tax return showed Im a well off person (but was joint with my ex-wife).

Its ridiculous because the CO well knows that I earn enough....it was addressed by my accountant and its clear on my 2012 rerun....

If they are making me jump through this hoop, I cant image why they would give someone who didn't meet the requirements a pass....

But thats immigration...it would not surprise me. Its all over the place sometimes.

All I know is that despite it being totally obvious that I can support my fiancee, they are holding us up for 1 month (or who knows how much longer) just to get it perfect for their files.

They need it.

Accountant? Did you include pay stubs from your current income?

05-18-2022: Filed N-400 online. Received online NOA and Biometrics re-use.

06-03-2022: Interview scheduled (online notice).

06-10-2022: Interview letter received via USPS.

07-11-2022: Naturalization Interview

Click here for my full timeline of K1, AOS, ROC, and Naturalization
:time:--> http://www.visajourney.com/timeline/

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Accountant? Did you include pay stubs from your current income?

Im self employed. My Schedule C was on the 2012 return and was clearly separate from my ex-wife and was many many times the poverty level. I already did an I134 (only stating my income which was far above adequate) and they already have photos of her from only 6 months ago.

In addition they know Im a professional, I have an office, Ive travelled there frequently, and they knew we took many many trips together from all the relationship info sent.

Forcing me to send in a new tax return, I134 and "updated" photos of her is an exercise is beurocraZy.....

BUT I would not care at all, these are easy things, if they would actually receive the darn things in the mail and not lose them internally.

Sending again today.....

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Im self employed. My Schedule C was on the 2012 return and was clearly separate from my ex-wife and was many many times the poverty level. I already did an I134 (only stating my income which was far above adequate) and they already have photos of her from only 6 months ago.

In addition they know Im a professional, I have an office, Ive travelled there frequently, and they knew we took many many trips together from all the relationship info sent.

Forcing me to send in a new tax return, I134 and "updated" photos of her is an exercise is beurocraZy.....

BUT I would not care at all, these are easy things, if they would actually receive the darn things in the mail and not lose them internally.

Sending again today.....

That makes sense. I'm sorry this is such a nightmare for you! I hope that they acknowledge your newly sent documents, and that you get the visa soon.

05-18-2022: Filed N-400 online. Received online NOA and Biometrics re-use.

06-03-2022: Interview scheduled (online notice).

06-10-2022: Interview letter received via USPS.

07-11-2022: Naturalization Interview

Click here for my full timeline of K1, AOS, ROC, and Naturalization
:time:--> http://www.visajourney.com/timeline/

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

Cairo Embassy is strict Our first co sponsor made a couple hundred over the 125% and it wasn't good enough.The other one was approved he was 8,000 over the 125%. Good Luck & Best Wishes

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

I agree with Rina, Egypt is definitely more strict on requirements. I have never seen them approve someone who didn't meet the minimum requirements because you are the one responsible for them when they get here...well you and co sponsor if needed. I have seen them hold papers waiting for new co sponsor. They will look at it this way: if you don't make enough money then how will you support them when they do get here because they can't work until they get the AOS also.

Good luck and hope you find a co-sponsor.

 
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