Form I-134: Does sponsor/petitioner need to meet 125% of the HHS Poverty guideline for K1 Visa?

[miesavbarr 0]

I see websites (Boundless) say that the U.S. citizen sponsor must 100% meet the income requirements for a K-1 visa as a minimum, while it's 125% for the Form I-864 AOS.

I am confused though because another website (VisaNation) says it should be 125%, and that the 100% only applies to active duty members of the Armed Forces.

 

If ever the 125% does need to be met by a k1 visa sponsor, can the beneficiary combine her income (I work as a freelancer, and I earn around $1.8k a month) to her sponsor's? My sponsor at the moment can only meet around 105% of the HHS Poverty Guideline.

[Dashinka 24,480]

100% for the I134.

[Dashinka 24,480]

Directly from the DoS.

 

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.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#8

Edited May 18, 2023 by Dashinka

[Crazy Cat 41,811]

3 hours ago, miesavbarr said:

I see websites (Boundless) say that the U.S. citizen sponsor must 100% meet the income requirements for a K-1 visa as a minimum, while it's 125% for the Form I-864 AOS.

I am confused though because another website (VisaNation) says it should be 125%, and that the 100% only applies to active duty members of the Armed Forces.

 

If ever the 125% does need to be met by a k1 visa sponsor, can the beneficiary combine her income (I work as a freelancer, and I earn around $1.8k a month) to her sponsor's? My sponsor at the moment can only meet around 105% of the HHS Poverty Guideline.

You are mixing 2 different processes and 2 different requirements:

K1 = I-134 = 100% 

Adjustment of Status = I-864 = 125%

[Mike E 11,739]

The problem is once the K-1 arrives, the petitioner does not have enough for I-864. And then it ends in teara.

[Crazy Cat 41,811]

6 hours ago, miesavbarr said:

My sponsor at the moment can only meet around 105% of the HHS Poverty Guideline.

Find a joint sponsor.

[JeanneAdil 6,489]

Beneficary income can not be counted and u can not work after arrival till  processu have the EAD card  (not even online)

 

it is true 100% of poverty level is needed but the CO at the interview will want to see that the sponsor can afford health care insurance 

[Chancy 6,241]

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

[SalishSea 17,801]

12 hours ago, miesavbarr said:

I see websites (Boundless) say that the U.S. citizen sponsor must 100% meet the income requirements for a K-1 visa as a minimum, while it's 125% for the Form I-864 AOS.

I am confused though because another website (VisaNation) says it should be 125%, and that the 100% only applies to active duty members of the Armed Forces.

 

If ever the 125% does need to be met by a k1 visa sponsor, can the beneficiary combine her income (I work as a freelancer, and I earn around $1.8k a month) to her sponsor's? My sponsor at the moment can only meet around 105% of the HHS Poverty Guideline.

You do realize that it will be up to 8 months before you can legally work once you arrive, even as a freelancer/working remotely?   This is a major drawback of the K-1.

[AndiB 677]

On 5/18/2023 at 9:23 AM, miesavbarr said:

I see websites (Boundless) say that the U.S. citizen sponsor must 100% meet the income requirements for a K-1 visa as a minimum, while it's 125% for the Form I-864 AOS.

I am confused though because another website (VisaNation) says it should be 125%, and that the 100% only applies to active duty members of the Armed Forces.

 

If ever the 125% does need to be met by a k1 visa sponsor, can the beneficiary combine her income (I work as a freelancer, and I earn around $1.8k a month) to her sponsor's? My sponsor at the moment can only meet around 105% of the HHS Poverty Guideline.

100% for K1 but you won't be able to apply for AOS (greencard, work authorisation) without 125% which is why people usually quote 125%.
others have said but you won't be allowed to work so your income is irrelevent.