I fell a bit short of the 125% poverty level required by the I-134, can I use my money in the bank to cover the difference?

[mszr 10]

I worked part time for about a quarter of the year in 2015 and as a result, I fell short of the 125% poverty level by about $850. If I understand correctly, I can use assets to cover the difference. Would money I have in the bank work for this? If it matters, this is for a fiance residing in Mexico. Thanks in advance!

[KayDeeCee 4,893]

You need 3 times the amount you are short, so $2550. Provide proof of the assets and ownership. Bank statements work for this.

Juarez is usually pretty lax about the financials, so just meeting the 100% for the K-1 visa may be enough. List the assets anyway, to be safe. You will definitely need the 125% for the I-864 needed for AOS later though.

Edited July 12, 2016 by KayDeeCee

[Penguin_ie 5,994]

Yes the savings are fine.

Do list them, but if your current and ongoing income is over the poverty line, and you can prove that with paystubs, you may not even need them.

[mszr 10]

How many bank statements will I need to provide. Does the money have to have been there for an extended period of time?

[Transborderwife 4,666]

How many bank statements will I need to provide. Does the money have to have been there for an extended period of time?

There's no difinitive answer

[mszr 10]

There's no difinitive answer

I see... And if there's an issue, or lack of financial proof, will they contact you and allow you to correct it either by providing additional information or using a co-sponsor? And lets say they deny the application, at what point in the process does this occur time-wise? and can you reapply immediately? Lastly, at what point in the process are you required to provide the actual financial proof? Just in the beginning when you file?

Thanks in advance!

[Transborderwife 4,666]

I see... And if there's an issue, or lack of financial proof, will they contact you and allow you to correct it either by providing additional information or using a co-sponsor? And lets say they deny the application, at what point in the process does this occur time-wise? and can you reapply immediately? Lastly, at what point in the process are you required to provide the actual financial proof? Just in the beginning when you file?

Thanks in advance!

I don't have difinitive answers for all of those but you need to prove it for the aos as well

[Penguin_ie 5,994]

You need to provide proof of finances at the K1 interview and again when you file for AOS after marriage. If you use savings, they usually want a year's worth of bank statements, so that they can see the money is really yours and not jsut loaned to you short term by family or friends to cheat for the AOS, and then you will give it back.

Usually if you fall short, they will give you an RFE (Request for Additional Evidence), and you have 30-60 days or so to provide a new co-sponsor. If your whole visa gets denied, you can re-file immediately but need to start at the beginning with new fees, and waiting 6+ months again.

[KayDeeCee 4,893]

I see... And if there's an issue, or lack of financial proof, will they contact you and allow you to correct it either by providing additional information or using a co-sponsor? And lets say they deny the application, at what point in the process does this occur time-wise? and can you reapply immediately? Lastly, at what point in the process are you required to provide the actual financial proof? Just in the beginning when you file?

Thanks in advance!

Like I said, you will probably be fine with 100% for the K-1 visa and I-134. Show at least 6 months of bank statements when listing assets. Again, Juarez is not that strict about the financials.

If they did not accept your sponsorship, then they would tell you that a co-sponsor is needed and that documentation would need to be provided before the visa would be approved.If you want to bring an I-134 and their supporting documents from a co-sponsor just to be safe, you can do that too. You would have it handy to hand over at the interview if they did not accept yours.

You provide the I-134 and supporting documentation for the K-1 visa interview. You can read through the I-129F instructions and the guide here to see that it is not part of the requirements for the I-129F petition.

You should also research ahead of time, and know how the process works, and what will be needed to apply for the K-1 visa once the I-129F petition is approved. > https://mx.usembassy.gov/visas/fiancee/how-to-apply/

After you are married in the US and filing for AOS, the I-864 will definitely require 125%, and if using assets, you would need 12 months of bank statements. Read through the I-864 instructions. They are detailed and let you know what is needed for sponsorship.

[SB&RH 19]

I worked part time for about a quarter of the year in 2015 and as a result, I fell short of the 125% poverty level by about $850. If I understand correctly, I can use assets to cover the difference. Would money I have in the bank work for this? If it matters, this is for a fiance residing in Mexico. Thanks in advance!

Poverty guidelines:

100% for K-1

125% for adjustment of status.

[iipenny 18]

When I did my K1 my fiance was a full time student for the first half. Then the other half he was a full time worker. We sent past 3 years tax transcripts that all of them didn't meet requirement. Plus all the pay stubs for his current job that he gets showing that at this point we get a lot more that the poverty guidelines. Also have his boss sign a paper saying what position is my fiance working and how much salary he make. We passed it just fine.

[mszr 10]

Thank you all for the information! What I did not realize was that the I-134 was not sent with the I-129F but rather used at the interview so I think we're fine as the interview would most likely happen during the first few months of 2017 and I will have my 2016 W2 statement showing that I am above the 125% needed by then.

Edited July 13, 2016 by mszr

[mszr 10]

One more question, I tried searching but couldn't find a definitive answer. Since I need to use my 2016 W-2 to put me over the 125% and we are thinking by the time we file our K-1, our interview will be some time in February, does it matter if I only provide the W-2 or do I need to include it as a return? I'm just not sure I'll have the return ready in time as I barely receive the W-2 from my employer at the beginning of February. I have already requested the last 3 tax return transcripts from the IRS site to include although the 2015 one is a bit shy of the 125%.