K1 visa income requirements please help

[tarzan31 27]

I'd like to add a question that also relates to the Affidavit of Support. Our CEAC status recently changed to 'Ready" and my fiancé is currently waiting on Packet 3 but I am confused about which Affidavit of Support form he should bring to his interview in Paris. I was under the impression that it was I-134 (listed on the K-1 Guide and the US Embassy Paris page), so that is what I gave him. However, in the CEAC pop-up box it listed a website to see how to prepare for the interview. I followed the link and selected Paris and was given this page: http://travel.state....RS - Paris.pdf'

According to this, it is asking for I-864...

"In addition to what is required for each visa applicant, the following items are also required for all visa types, except employment-based visas:

 Form 1-864, Affidavit of Support Your petitioning relative in the United States must complete Form I-864, Affidavit of Support (and, if applicable, form I-864A, Contract Between Sponsor and Household Member) on your behalf and provide supporting evidence proving that you and members of your family who immigrate to the U.S. are not likely to become public charges in the United States.

Form I-864 can be downloaded online at www.uscis.gov "I-864" and www.uscis.gov "I-864A".

Can somebody clarify which one needs to be brought to the interview? According to this document it is the I-864 but it came as a surprise since I thought it was the I-134.

Thank you!

It is confusing, but for the K-1 interview it is the I-134. Once you get the packet 3, it will have all the info in there

[tarzan31 27]

"Go to travel docs for your country," I don't know where to find this ? My country is Montenegro, but my interview will be at the American embassy in Belgrade, Serbia.

Also, do I need to submit tax information(i mean my fiancee) for last 3 years ? or just last one year ? I was under the impression it was one year only.

You can do the one year for the I-134. I would check the Belgrade embassy page to get contact info.

[Naejh 0]

It is confusing, but for the K-1 interview it is the I-134. Once you get the packet 3, it will have all the info in there

Thank you! That is what I figured since the I-864 is supposed to be used for the AOS stage. What confused me was to see the I-864 listed on the interview prep for the US Embassy Paris Hopefully when he receives the Packet 3, it will say I-134.

[tarzan31 27]

Thank you! That is what I figured since the I-864 is supposed to be used for the AOS stage. What confused me was to see the I-864 listed on the interview prep for the US Embassy Paris Hopefully when he receives the Packet 3, it will say I-134.

The K-1 process is quite strange. For a time, it is both a non immigrant and immigrant visa type. That is why the links send you the process for immigrant which would be the I-864 even though it truly is a non immigrant visa requiring I-134. As you go through the stages, within the NVC system you look up your file under immigrant. It stays that way until after approval and ready for issue. At that point, it changes over to non -immigrant. It truly is a non immigrant visa with immigrant intent. Best wishes !!!

[asls 29]

You can do the one year for the I-134. I would check the Belgrade embassy page to get contact info.

Wait, i thought we were not suppose to send tax information when sending the k1 petition/application ? Am I not suppose to take those documents with me at the interview ?

Also, can anyone tell me if I can use a joint sponsor ? My embassy is in Belgrade, Serbia. My fiancee's income should be enough, but since it's almost to the limit, we are going to use a joint sponsor as well.

[vanityfair 4]

That is correct. You are required to bring supporting documents to the interview (no tax/financial documents are really require or requested for the initial i-149f) along with the i-134

[tarzan31 27]

Wait, i thought we were not suppose to send tax information when sending the k1 petition/application ? Am I not suppose to take those documents with me at the interview ?

Also, can anyone tell me if I can use a joint sponsor ? My embassy is in Belgrade, Serbia. My fiancee's income should be enough, but since it's almost to the limit, we are going to use a joint sponsor as well.

For the K-1 interview ...Sorry if I was not clear..I tried to look up your embassy, but could not find anything ,...

[asls 29]

Ok. Thank you so much guys. So, we are going to use her mom as a joint sponsor as well, that is not a problem? I mean they won't say anything even if they see that my fiancee's income is enough ? For example it's 22.000 or 21.000 , and the limit is almost 20.000(over 125%) ?

Also please tell me this, her mother supports only her brother, she doesn't claim her daughter on tax returns. So, if i got this right, the household size would be 3 ? Her mother, her brother , and me? Right ?

Edited December 31, 2015 by asls

[asls 29]

I'm so sorry for asking so many questions, but i just want to get this right the first time. Can you tell me should we use her mother as a co-sponsor or joint sponsor ? I can't seem to find the difference between these two. We would like for the consulate/officer to see that my fiancee's income and her mother's income too.

Should we include fiancee's bank account balance ? Around 5.000? I'm reading that assets should be tripled when using them to make up for the difference, is that true for cash balance as well ?

If i got this right, her mother needs to be co-sponsor since she lives at the same address and is a family member. So mother should fill I-864A, whereas the petitioner should fill I-864?

Edited December 31, 2015 by asls

[asls 29]

So, I just read that i-134 form needs to be filled out at the time of the interview ? Wow, you learn something new every time you try to fill out something for this application.

[aleful 1,905]

hi

you are getting confused, the i134 is the affidavit of support for the fiancé visa

the i864 and i864A are the affidavits of support for adjustment of status once you marry your fiancé

there are no co sponsors for fiancé visa, she can have a joint sponsor if the Embassy allows it, and the joint sponsor cannot combine income with her, he or she must qualify on their own

once you do the adjustment of status in the US after getting married she can combine income with her mother if she doesn't make enough

[asls 29]

Hi, thank you and everyone really. I may be repeating myself with questions, but it's only because it's difficult to grasp all this, and i don't want to get an RFE.

So can we still use her mother as a joint sponsor if the embassy allows it ?

If the embassy doesn't allow it, but we use it, and they see that the petitioner has enough income, will there be any issue ?

Should we add the bank account balance to the overall income of 21.000-22.000$ per year (for two members) for the petitioner. I also have the same amount saved, but i believe this wont matter to the consulate, will it ?

Edited January 1, 2016 by asls

[tarzan31 27]

Hi, thank you and everyone really. I may be repeating myself with questions, but it's only because it's difficult to grasp all this, and i don't want to get an RFE.

So can we still use her mother as a joint sponsor if the embassy allows it ?

If the embassy doesn't allow it, but we use it, and they see that the petitioner has enough income, will there be any issue ?

Should we add the bank account balance to the overall income of 21.000-22.000$ per year (for two members) for the petitioner. I also have the same amount saved, but i believe this wont matter to the consulate, will it ?

You seem to be getting overwhelmed and stressed about all of this. With her income at 21 to 22 thousand, she does not need a co sponsor at all. Please refer to the website and read it through. The folks on VJ, myself included can all give advice, but the official documentation and requirements should be obtained from the travel.state.gov site.

http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

[asls 29]

I guess I am. I was just concerned that the 2016 poverty amount might rise and be that amount, so I did not want to take any risk.

[Greenbaum 12,259]

asls, on 31 Dec 2015 - 6:16 PM, said:

Ok. Thank you so much guys. So, we are going to use her mom as a joint sponsor as well, that is not a problem? I mean they won't say anything even if they see that my fiancee's income is enough ? For example it's 22.000 or 21.000 , and the limit is almost 20.000(over 125%) ?

Also please tell me this, her mother supports only her brother, she doesn't claim her daughter on tax returns. So, if i got this right, the household size would be 3 ? Her mother, her brother , and me? Right ?

You may be over complicating the income requirements. The Embassy will use the IRS 1040 for the income verification. They will go to line 22 and that is the number they will use to verify that you meet the 100% income level. Like someone else pointed out, you really need to be at 125% because in 6 plus months you will file your AOS package after marriage and that will be the requirement to issue you a Green Card.

So look at line 22 and if that matches or exceeds the 100% of the poverty level then you have no worries. You will not need a cosponsor nor do you need to go through all that work because you will never be asked for it at the interview. That is all based on if indeed you meet the 100% from his IRS line 22. Of course they will also view current W2's and Employment letter to also use in the determination to verify that currently he is maintaining that level of income currently.