1-134 affadavit of support questions for the K-1 Visa

[Keenen and Nidia 1]

Hello:)

 

I have some questions maybe someone on here can answer about the 1-134 affadavit of support. Any insights are appreciated:)

 

Say I made about $18,500 last year (2016) and this year (2017) I am projected to make at least $20,500 or more.  My question petitioning for my fiancée for the K-1 visa is, will I meet the mark and qualify  submitting my 1-134 affidavit of support financially according to USCIS poverty guidelines, or will I need a joint sponsor?

 

If I need a joint sponsor, Does a joint sponsor fill out an 1-134, or a different form? The recent forms for a joint sponsor is not so clear to me and I'm wondering what is required for this circumstance.

 

If I read the poverty guidelines correctly, I suppose my fiancée and I fall under the 2 person category. Neither of us have served in the military, never been married, no dependents, and do not have any children. Yet, for the K-1 Visa process financially to be approved to receive her visa to come here to the United States, do we have to at least meet the 125% poverty guideline? 

 

Some sites I have read imply you can be accepted financially and receive the K-1 Visa at 100% 2017 poverty guidline of $16,240. For the adjustment of status after you marry and apply for the green card it is required to meet the 125% 2017 poverty guideline of $20,300. Is this correct? 

 

My fiancée and I are June filers of this year. 

Our case was received June 13th and is at the California Service Center for processing. I am happy to know there is a forum like this of others who have been,or who are on this journey, I'm patiently waiting right along with you.

 

Thanks:)

 

Keenen

[Estibaliz 3,037]

It seems to me actually you have everything quite clear. I think some Embassies might be a bit picky and look for a 125% of the poverty guidelines, but if you can prove through paystubs and letter of employment you are making $20,500 now, then you should be fine. AOS is when they are stricter about the financial requirements, and the affidavit is legally binding.

 

If you still want to use a cosponsor to make sure there won't be any doubt on your availability to support your fiance, then your cosponsor has to fill another i134 and provide the same supporting documents as you do.

 

Best of luck for you two!

[KULtoATL 1,551]

2 hours ago, Kcrummit said:

Hello:)

 

I have some questions maybe someone on here can answer about the 1-134 affadavit of support. Any insights are appreciated:)

 

Say I made about $18,500 last year (2016) and this year (2017) I am projected to make at least $20,500 or more.  My question petitioning for my fiancée for the K-1 visa is, will I meet the mark and qualify  submitting my 1-134 affidavit of support financially according to USCIS poverty guidelines, or will I need a joint sponsor?

When it comes to the affidavit of support, what matters most is the current year's annual income at the point of visa application at the local embassy. 

 

If I need a joint sponsor, Does a joint sponsor fill out an 1-134, or a different form? The recent forms for a joint sponsor is not so clear to me and I'm wondering what is required for this circumstance.

A joint sponsor fills a I-134. Even with a joint sponsor, you'll also need to fill your own I-134. The joint sponsor has make sure that his/her income can cover his/her household size (self + dependents + your foreign beneficiary).

 

If I read the poverty guidelines correctly, I suppose my fiancée and I fall under the 2 person category. Neither of us have served in the military, never been married, no dependents, and do not have any children. Yet, for the K-1 Visa process financially to be approved to receive her visa to come here to the United States, do we have to at least meet the 125% poverty guideline? 

I-134 requires 100%. I-864 looks at the 125%. And based on current year's poverty guideline, you sure meet the income for a 2-person household. If your foreign beneficiary's visa  application happens in early 2018, refer to the new poverty guideline to ensure you can still meet the 100% and 125% in 2018.

 

Some sites I have read imply you can be accepted financially and receive the K-1 Visa at 100% 2017 poverty guidline of $16,240. For the adjustment of status after you marry and apply for the green card it is required to meet the 125% 2017 poverty guideline of $20,300. Is this correct? 

Technically yes but some consular officers might choose to refer to the 125% instead because they probably want to assess your sponsorship ability for the AOS stage in advance. Also, if your income is insufficient, consider looking for a joint sponsor instead of trying to use your assets. Reason being, while assets are allowed, the are officers who do not accept it. So yes, save yourself as much hassle as you possibly can and be prepared for the "worst".

 

My fiancée and I are June filers of this year. 

Our case was received June 13th and is at the California Service Center for processing. I am happy to know there is a forum like this of others who have been,or who are on this journey, I'm patiently waiting right along with you.

All the best

 

Thanks:)

 

Keenen

 

[Keenen and Nidia 1]

Thank you both for the comments. Your insights are most helpful. 

 

So if I can prove this year through the job I make at least $20,500, I should be okay for 2017? 

 

I will go see what Human Resouces can do for me to show I make that on an hourly wage position. My wage is based on a certain number of hours that pretty much work out to be 3/4 time year round.

 

I wonder if say this next month I am able to pick up another part time job and that would up me a little bit in a better position that would count for the k visa and the aos. Just thinking out loud. 

 

I may or may not have a co sponsor as the 1-134 asks for personal financial information that many would not feel comfortable letting that out. In light of this my worst case scenario is doing this solo.

 

Maybe with another part time job and getting something quickly will be enough 

to show on paper I have enough cushion above being on the border line when the time comes to show USCIS. Maybe a little extra grace time will be my friend too before my fiancée and I receive the second notice of action to show more evidence of increases on the income. Would that count?

 

Thanks:)

Edited September 20, 2017 by Kcrummit
Forgot to add something