AOS income requirements (K1)

[sarahcha 6]

Apologies if there is a better forum for this to have gone under - I did a check but couldn't see anything that applied and didn't see any questions about it asked before. 

My fiance's income is$38k annually. I know that that is well above the required amount for a K1 visa, but for the AOS income RapidVisa's calculator indicates 43k a year is the "safe zone". In anyone's opinion, it likely that we will need a co-sponsor when it comes tome to file for my AOS? If it is I'll have to start broaching that subject with him now, as I know he is very hesitant to want to ask anyone for help with this. 

 

Thanks!

Whoops - edited to add that it is just him in the household (he is living at home but provides for himself, so it would just be 1 plus me as he doesn't need to factor his family into it as he is not financially responsible for them even though he lives there?) 

Edited February 24, 2021 by sarahcha

[aaron2020 11,651]

Hi,

 

How many people are in the household count for the I-864?

[sarahcha 6]

5 minutes ago, aaron2020 said:

Hi,

 

How many people are in the household count for the I-864?

Whoops - I'm an idiot. He's living at home so I count his "household" in terms of how many people are living there so I always trip myself up there. For the visa it would only be one (plus me, the beneificiary) for how they mean "household" - correct? 

Edited February 24, 2021 by sarahcha

[aaron2020 11,651]

2 minutes ago, sarahcha said:

Whoops - I'm an idiot. He's living at home so I count his "household" in terms of how many people are living there so I always trip myself up there. For the visa it would only be one (plus me, the beneificiary) for how they mean "household" - correct? 

Household would mean him, his kids, anyone he claims as a tax dependent, any other immigrant he might have sponsored?

 

Roommates don't count.  

[SteveInBostonI130 3,434]

1 minute ago, sarahcha said:

Whoops - I'm an idiot. He's living at home so I count his "household" in terms of how many people are living there so I always trip myself up there. For the for the visa process it would only be one (plus me, the beneificiary) for how they mean "household" - correct? 

First, there are 2 "AOS" in your case.  I-134 that you bring to the K1 interview, and I-1-864 that is submitted when you marry after arriving to the US on the K1 and adjust status.

 

For the first, I-134 (100% poverty line minimum), $38k should be fine for a household of 2.   I do not know what RapidVisa uses to calculate the "safe zone".

 

$38K should also be fine for I-864 (125% poverty line minimum), but that is up to the discretion of the case officer.

[Boiler 45,486]

I always get worried when I see people quote RapidVisa.

 

I did look at their web site and they for reasons not mentioned seem to think twice the specified minimum is safe. To be fair they also mention the I 864 stated amount.

 

Now why they double this I 864 figure I have no idea.

[sarahcha 6]

2 hours ago, aaron2020 said:

Household would mean him, his kids, anyone he claims as a tax dependent, any other immigrant he might have sponsored?

 

Roommates don't count.  

Gotcha, that was my understanding - in that case his household would just be him. 

[aaron2020 11,651]

3 minutes ago, sarahcha said:

Gotcha, that was my understanding - in that case his household would just be him. 

His household count would be two: him and you. 

If his W-2 income is $38,000, then you guys are well over the 125% poverty line of $21,550 for a household of 2.  

Where Rapidvisa is getting their "safe zone" from is bewildering.  

[sarahcha 6]

1 hour ago, Boiler said:

I always get worried when I see people quote RapidVisa.

 

I did look at their web site and they for reasons not mentioned seem to think twice the specified minimum is safe. To be fair they also mention the I 864 stated amount.

 

Now why they double this I 864 figure I have no idea.

Yeah, it is why I had a bit of a concern... 125% of the federal poverty level is still well under the 38k is okay and I shouldn't overthink it (but I still will because of who I am as a person). 

[sarahcha 6]

3 minutes ago, aaron2020 said:

His household count would be two: him and you. 

If his W-2 income is $38,000, then you guys are well over the 125% poverty line of $21,550 for a household of 2.  

Where Rapidvisa is getting their "safe zone" from is bewildering.  

Okay phew, thank you! That weird range thing they created had me concerned... It's an interesting gauge they've created if the only guideline is 125% of the poverty line lol... 

I'll start taking what I read on RapidVisa with a hefty grain of salt.

 

[aaron2020 11,651]

3 minutes ago, sarahcha said:

Okay phew, thank you! That weird range thing they created had me concerned... It's an interesting gauge they've created if the only guideline is 125% of the poverty line lol... 

I'll start taking what I read on RapidVisa with a hefty grain of salt.

 

Rapidvisa seems to rely on scare tactics to sell their services.  

[SalishSea 17,827]

2 hours ago, sarahcha said:

I'll start taking what I read on RapidVisa with a hefty grain of salt.

Why even use them?  Do you realize they cannot do anything to make it faster, or increase the chance of an approval?

[StellaGB1 29]

I’m pretty sure they’re referring to the public charge rule and your partner making 250% of the poverty line being deemed a “heavily weighted positive” in your case as opposed to the 125% which is just a positive. It’s still plenty over the minimum, even close to the 250% line and that’s good, it’ll still be considered a positive so don’t worry! 

[joe and karol 15]

I'm confused.  Rapid Visa is conducting embassy interviews to change the minimum?

 

Otherwise, I wouldn't worry about it.