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Posted

Me and my fiance are planning on applying for the K1 in the coming months and I'm currently trying to get my head around the Affidavit of Support.

I have a couple questions as the more I read the more confused I seem to get!

Firstly, are the Poverty Guideline income requirement amounts based on earnings before or after tax?

My fiance has a full time job and earns over the 100% required for the K1 Visa but under the 125% required for the AOS. I read that some consulates are very strict and only issue the K1 if the petitioner earns over 125%. When the time comes I will be having my interview in London, I heard they are one of the more relaxed embassies, however should we get a co sponsor just to be safe?

This brings me to my next question, my fiance doesn't have a large family so finding a co sponsor may be a bit tricky. If needed, we were going to ask his father to cosponsor, but due to family reasons he may not be able to. If this happens my fiances roommates step-father might consider co sponsoring. Would this be ok? I read that the cosponsor doesn't have to be a relative, but again I read that the consulates can be strict and prefer the cosponsor to have close ties to the US petitioner.

I hope all that makes sense! This is my first time posting here so I hope I've done everything correctly, and thanks for any replies :)

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

London is very easy going when it comes to the affadavit. Do you or your fiance have any assets you could add? Might he get a better job or promotion by the time you need the I-134 (which is at interview, so some 6+ months away)?

Any US citizen or greencard holder living in the USA can be a co-sponsor; they need not be related or live near where you will be living.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

London is very easy going when it comes to the affadavit. Do you or your fiance have any assets you could add? Might he get a better job or promotion by the time you need the I-134 (which is at interview, so some 6+ months away)?

Any US citizen or greencard holder living in the USA can be a co-sponsor; they need not be related or live near where you will be living.

I have money in a savings account which would be enough, however does it not need to be my US fiance who has the assets which can be added?

I don't know much about using assets for the affidavit. If I could use the money in my savings account what proof would be needed. I'm guessing a letter from my bank showing when I opened the account etc, and also a statement?

Posted (edited)

The decision on the I-134 is subjective. What happens for you will be totally up to the officer interviewing you. London has accepted 100% before. They have considered the UK beneficiary's savings by itself or in combination with the US petitioner's income. The have accepted a sponsor not related to either party. I think you have the total concept thought out correctly. Nobody can say for sure what your officer will feel is acceptable based on your total presentation because there is nothing specific in the law other than the officer must be convinced you will not become a public charge. How long is a piece of string??

Give it your best shot. London is pretty flexible and seems easy to convince. Yes, take proof of your savings as you suggested. If for some reason the officer is not convinced, it's not over. You can go seek a joint sponsor and send that back to them. Or you could have the joint sponsor's I-134 and documentation with you to hand over only if necessary.

For your AOS, your savings count as well. Read the form I-864 instructions. That affidavit is more clearly outlined with specifics.

For example if you need $20,000 to pass...

Your spouse makes $17,000. The shortfall is $3,000.

The formula for making up the shortfall with assets is 3 times the shortfall.

3 x $3000 = $9000. You would need $9000 in savings with a $17,000 job.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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

The decision on the I-134 is subjective. What happens for you will be totally up to the officer interviewing you. London has accepted 100% before. They have considered the UK beneficiary's savings by itself or in combination with the US petitioner's income. The have accepted a sponsor not related to either party. I think you have the total concept thought out correctly. Nobody can say for sure what your officer will feel is acceptable based on your total presentation because there is nothing specific in the law other than the officer must be convinced you will not become a public charge. How long is a piece of string??

Give it your best shot. London is pretty flexible and seems easy to convince. Yes, take proof of your savings as you suggested. If for some reason the officer is not convinced, it's not over. You can go seek a joint sponsor and send that back to them. Or you could have the joint sponsor's I-134 and documentation with you to hand over only if necessary.

For your AOS, your savings count as well. Read the form I-864 instructions. That affidavit is more clearly outlined with specifics.

For example if you need $20,000 to pass...

Your spouse makes $17,000. The shortfall is $3,000.

The formula for making up the shortfall with assets is 3 times the shortfall.

3 x $3000 = $9000. You would need $9000 in savings with a $17,000 job.

Jumping into this conversation because it could be really useful for me. My fiance is in London. I'm only working part time right now, and my income is very inconsistent. However, he has quite a bit in savings and a job lined up for when he's allowed to work in the states. Hoping this will be enough.

 
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