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Filed: K-1 Visa Country: Poland
Timeline
Posted

Hi,

I (USC) want to file a K1 petition, but I'm wondering whether I will have any problems with the I-134 affiliative of support. I currently live with my fiance abroad and earn a little above the income requirements for the K1 petition. I already have 2 years of US tax returns with this kind of income, 2016 will be the third year. Because this is foreign income, all of this is excluded (via Form 2555), and my gross total income is more or less $0. Besides this, I have foreign tax returns with taxable income. The US tax returns show wages above the required level, but I've read on this forum that CO's look at the total gross income.

Now I have received a job offer in the US with income well above the requirements. If possible I would like to file the K1 petition a month before I move to start my employment in the US - to minimize time spent apart from my fiance. At the time my fiance present the I-134 to the CO will just a few pay stubs (3?), employment letter and past foreign income be enough to meet the requirements? I've read that current and future income is more important than past income. Is there anything to worry about in my case? Feedback is greatly appreciated!

Posted

It might work, but getting a co-sponsor would be better.

For complete advice we'd need to know the country, since different embassies are more or less strict.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Poland
Timeline
Posted

Found this on travel.state.gov website:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

So it looks like for the I-134 I only need to show my current income, no tax returns. Can anyone confirm this?

 
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