Question about K1 income requirements

[mhems1979 0]

Hello,

 

I am U.S. petitioner for my fiance' in the Philippines. I've found conflicting information online regarding the income requirements for K1-visa.  I thought I was in the clear because I've read that assets (5x or 3x?) the amount of the deficit below the poverty guidelines can be used on the I-134, but I've seen statements on websites such as https://www.lawfirm4immigrants.com/income-requirements-for-fiance-visa-processing/  stating that "Assets cannot be used in place of earnings for a fiancé(e) visa petition. If you can secure a fiancé(e) visa, however, your assets can potentially be used in lieu of earnings when seeking permanent residence for your fiancé(e) after you marry him or her."   Can assets only be used for the green card process and not the K1?

 

Another question I had was the definition of "household" in determining the poverty line.  Some websites say that the household number only includes dependents listed on your tax returns while others say that the household number includes anyone who has lived with you for over 6 months.  If the latter is true can I include the income of my brother as part of the "household" income who has lived with me in our family home for many years or is it limited to disclosed dependents?  If my fiance has 2 children who are her dependents, do we have to include them in the "household" calculation as well even if they are not initially accompanying her to the U.S.?  I've read some websites that say the beneficiary's children only need to be counted in the household number if they are accompanying her, others say they must be counted regardless.  

 

Thank you for any help.

[Boiler 45,451]

The bigger issue is the I 864 when it comes to adjust and of course assets can mean many things, are you talking about Cash in the bank?

 

[SneakyPete 75]

I don't think Manila even asks for I-134. In general though using assets is a lot HARDER and prone to RFE during AOS stage. You are often better off just finding joint sponsor for smoother process. 

[mhems1979 0]

Thank you for the responses.  Yes the assets I would show is cash in the bank. My filed income is borderline because I have a loss carry forward.  I know Manila does not allow a joint sponsor for the K1 visa but strangely I also heard they don’t typically ask to see the 134.  I was planning on using a joint sponsor for the I-864 if needed, but all of this largely depends on my question about how household size is defined.  

[SneakyPete 75]

While USEM Manila might not care about I-134, I heard Philippines government itself does ask for it during Manila specific CFO process. Without CFO, Philippines citizens will not be allowed to leave regardless if they have visa or not, so you do might want to research this and coach your partner accordingly for the CFO.