Is this a lie?

[djcess 0]

hi everyone! Before we started our K1 petition, we paid an agency to help us. Since a year ago my fiance was not financially stable yet, we hired an agency to help us go through our paperworks and told them bout our financial situation. What he replied to us is this:

"Your Fiancé does not need to have large sums of money in the bank ,, in

fact

he really does not have to have any money in the bank . But you need to

have

him call me TOLL FREE at 1-866-636-8666 as soon as possible and I will

be

happy to explain the process to him. There are requirements that have

to be

met but I need to talk to your fiancé to explain them to him."

So hearing this, it gave us hope and finally applied the k1 visa late last year. Our petition is already approved and the NOA2 was mailed Mar. 10, 2006 and we're looking forward to receiving it. The problem is, I stumbled on this site (visajourney) just like 2 weeks ago, and everyone is talking bout co-sponsor. I learned a lot in here because of you guys. I'm sure my fiance has not met the 125% income yet, and all the ppl here are stating how important the AOS is. So does that mean our agency is full of #######? And just yesterday, i was searching the net and I stumbled in this site:

http://www.filipinawives.com/asawa/viewtopic.php?t=13579

MY GOD! You have no idea how i feel ryt now. I feel like we've been scammed. This is also a customer complaining bout co-sponsor thing, that the agency told them there was no problem, and that they don't need it, but then it was the reason for their delay. I guess it's all upto me and my fiance now. I hope you guys can help us and support us. Any Information regarding the co-sponsor and the requirements to get it will really be appreciated. thank you very much.

[iceyspots 0]

Hi.

Your fiancé does not need to meet the financial guidelines, it is YOU as the petitioner who must make at least %125 of the poverty level. If you do not, you can find someone to "co-sign" for you. Hope this helps.

[djcess 0]

Hi.

Your fiancé does not need to meet the financial guidelines, it is YOU as the petitioner who must make at least %125 of the poverty level. If you do not, you can find someone to "co-sign" for you. Hope this helps.

Thanks for the reply. Actually, we were talking bout my fiance (eho is the petitioner) and I am the beneficiary. He told me my fiance (who is the petitioner and the US citizen) doesn't even need money in the bank.. Now, that is what i'm doubting. So I guess we should find somebody to co-sponsor us even the agency tell us we don't need it?

[I'm Gone 60]

Yes there are income requirements to be issued a fiancé visa and to adjust your status to permanent resident after you arrive here and get married.

For the adjustment to permanent resident your husband must have income of 125% of the poverty level for the number of people in the household or he will need a co-sponsor.

Even though offically the K-1 visa doesn't require the 125% income level; the Manila embassy is tough place to get a visa and I would advise you that the 125% is the minimum level of income I would try getting the visa without the U.S. fiancé also having a co-sponsor.

The 125% income level for 2 people is $16,500.00 per year.

http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf

[Jasman0717 9]

I suggest you continue to research your situation using references here on VJ. You have received some good advice already. I wish you the best of luck.

[aussiewench 9]

Some links for you to read over.

General Outline of I-134 Requirements Pinned here in the Foreign Embassy Forum.

A good reference for Overcoming the Public Charge

While an applicant for a fiancé(e) visa is not required to file an affidavit of support (I-134), it is nevertheless useful in proving the applicant is not likely to become a public charge. The Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

Continued HERE

Some further reading to perhaps help you understand it better

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of

Support Under INA 213A

c. The simple submission of Form I-134, Affidavit of Support, however, is

not sufficient to establish that the beneficiary is not likely to become a

public charge. Although the income requirements of Form I-864, Affidavit

of Support Under Section 213A of the Act, do not apply in such cases

(i.e., the 125 percent minimum income, the need for three years income

tax returns), consular officers must make a thorough evaluation of other

factors, such as:

(1) The sponsor's motives in submitting the affidavit;

(2) The sponsor's relationship to the applicant, (e.g., relative by blood

or marriage, former employer or employee, schoolmates, or

business associates);

(3) The length of time the sponsor and applicant have known each

other;

(4) The sponsor's financial resources; and

(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant

and the sponsor, such as a close family relationship or friendship of long

standing, the affidavit may be favorably considered by the consular officer.

On the other hand, an affidavit submitted by a casual friend or distant

relative who has little or no personal knowledge of the applicant has more

limited value. If the sponsor is not a U.S. citizen or lawful permanent

resident (LPR), the likelihood of the sponsor's support of an immigrant visa

applicant until the applicant can become self-supporting is a particularly

important consideration.

Continued HERE

[djcess 0]

Some links for you to read over.

General Outline of I-134 Requirements Pinned here in the Foreign Embassy Forum.

A good reference for Overcoming the Public Charge

While an applicant for a fiancé(e) visa is not required to file an affidavit of support (I-134), it is nevertheless useful in proving the applicant is not likely to become a public charge. The Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

Continued HERE

Some further reading to perhaps help you understand it better

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of

Support Under INA 213A

c. The simple submission of Form I-134, Affidavit of Support, however, is

not sufficient to establish that the beneficiary is not likely to become a

public charge. Although the income requirements of Form I-864, Affidavit

of Support Under Section 213A of the Act, do not apply in such cases

(i.e., the 125 percent minimum income, the need for three years income

tax returns), consular officers must make a thorough evaluation of other

factors, such as:

(1) The sponsor's motives in submitting the affidavit;

(2) The sponsor's relationship to the applicant, (e.g., relative by blood

or marriage, former employer or employee, schoolmates, or

business associates);

(3) The length of time the sponsor and applicant have known each

other;

(4) The sponsor's financial resources; and

(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant

and the sponsor, such as a close family relationship or friendship of long

standing, the affidavit may be favorably considered by the consular officer.

On the other hand, an affidavit submitted by a casual friend or distant

relative who has little or no personal knowledge of the applicant has more

limited value. If the sponsor is not a U.S. citizen or lawful permanent

resident (LPR), the likelihood of the sponsor's support of an immigrant visa

applicant until the applicant can become self-supporting is a particularly

important consideration.

Continued HERE

Whoa! thanks aussiewench!

[STL_HCMC 0]

Take a deep breath, sort all the information out and then get a plan devised. VisaJourney will be an excellent resource for all of that.

STL_HCMC

[Jaylen Brit 0]

Even if you are not 100% sure that you need a co-sponsor but are close to the poverty level + 125% guidelines it would do you no harm to set up a co-sponsor to use if you need one.

This would avoid the problem of attending interview to be told you don't qualify on the grounds of funds, and possibly get an RFE or denial because you already set up a fall back option.

If you find at a later date that the co-sponsor is NOT needed then you can release them from their obligation - but its better to have MORE than you need than less.

Best of luck.

[silverbutterfly228 0]

From what I have read the amount of money in the petitioner's bank doesn't matter IF the job the petitoner has earns income thats 125% above. But if petitioner doesn't meet the 125% income than the amount of money in the bank IS important. (which the second one sounds like your case)

[motu 6]

Though some people believe that the bank information is vital. I didn't give them any bank information for the K1; I134 or the AOS (I864) - because I was qualifying based on income alone. If he doesn't qualify based on income alone then you need to look at his assets (including bank accounts) and co-sponsors. Good Luck