K-1 Visa - Understanding the process (I-134 form & I-864)

[TomWlch 0]

I am gathering as much information as I can about the K-1 Visa. The objective would be for my girlfriend and I to start to file it once we know the details of the process, as I would be the one moving to the US. Throughout my research on this website and others, I've been able to draw a timeline potentially, but I have several questions and I hope one of you might be able to bring the lights on my questions.

 

1) I saw that no evidence of financial support is required when filing the I-129F form. When will this be required? I read the I-134 form might be filed before the interview process at the Embassy/Consulate but I would like to know about your experience. Also, the I-864 form must be filed when Adjusting the status when I would arrive in the U.S ?

 

2) My girlfriend left her job 4 months ago and plans to find another job soon. So far, even if she left, she earned in 2024, above 125% of HHS Poverty Guidelines (we plan to be a household of 2). She also had a steady income for 3 straight years before leaving. We know having a joint sponsor is a possibility but I was wondering with her situation only, if that would be possible to immigrate financially wise? Also how many pay stub, tax returns are needed, and for how long they should be dating back for the I-134 form and I-864 form? 

 

Thank you very much in advance! 

[Gary Rich 268]

3 minutes ago, TomWlch said:

 

I am gathering as much information as I can about the K-1 Visa. The objective would be for my girlfriend and I to start to file it once we know the details of the process, as I would be the one moving to the US. Throughout my research on this website and others, I've been able to draw a timeline potentially, but I have several questions and I hope one of you might be able to bring the lights on my questions.

 

1) I saw that no evidence of financial support is required when filing the I-129F form. When will this be required? I read the I-134 form might be filed before the interview process at the Embassy/Consulate but I would like to know about your experience. Also, the I-864 form must be filed when Adjusting the status when I would arrive in the U.S ?

 

2) My girlfriend left her job 4 months ago and plans to find another job soon. So far, even if she left, she earned in 2024, above 125% of HHS Poverty Guidelines (we plan to be a household of 2). She also had a steady income for 3 straight years before leaving. We know having a joint sponsor is a possibility but I was wondering with her situation only, if that would be possible to immigrate financially wise? Also how many pay stub, tax returns are needed, and for how long they should be dating back for the I-134 form and I-864 form? 

 

Thank you very much in advance! 

when I filed for my wife's K1 visa back in 2021... I sent 3 years of tax transcripts to USCIS... I also sent her 3 years of tax transcripts,  copies of course, when she attended her interview. I'm not even sure if they asked for it.

[Boiler 45,525]

Is she looking for a job? This will be something for possibly 2026

.

[TomWlch 0]

Hello and thank you for your quick answer.

 

Yes, she will be looking for a job as soon as possible.

[Boiler 45,525]

Excellent 

[Edward and Jaycel 172]

I filled out the I-134 for my fiancee to take to her interview at the embassy. It is not required for the I-129F filing with USCIS. You are correct that the I-864 is required for the AOS after you are here and you file your AOS. They did not ask Jaycel for the I-134 at her interview (common at the USEM in Manila from what I understand) but I hear a lot of other USEMs will ask for it. And for the AOS they will want to know your fiancee is working.

[Nous Eb 128]

In Amsterdam back in January it was listed as required, the the I-134 and the supporting documents. They asked for it and they kept the copies for my file. So no, not for filing the I-129F, but I would definitely bring all that for the interview, including the form for a joint sponsor if you need one.

[hplusj 136]

On 9/16/2024 at 12:31 PM, TomWlch said:

 

I am gathering as much information as I can about the K-1 Visa. The objective would be for my girlfriend and I to start to file it once we know the details of the process, as I would be the one moving to the US. Throughout my research on this website and others, I've been able to draw a timeline potentially, but I have several questions and I hope one of you might be able to bring the lights on my questions.

 

1) I saw that no evidence of financial support is required when filing the I-129F form. When will this be required? I read the I-134 form might be filed before the interview process at the Embassy/Consulate but I would like to know about your experience. Also, the I-864 form must be filed when Adjusting the status when I would arrive in the U.S ?

 

2) My girlfriend left her job 4 months ago and plans to find another job soon. So far, even if she left, she earned in 2024, above 125% of HHS Poverty Guidelines (we plan to be a household of 2). She also had a steady income for 3 straight years before leaving. We know having a joint sponsor is a possibility but I was wondering with her situation only, if that would be possible to immigrate financially wise? Also how many pay stub, tax returns are needed, and for how long they should be dating back for the I-134 form and I-864 form? 

 

Thank you very much in advance! 

Just for reference I changed jobs (and moved states) as petitioner between NOA1 and NOA2 (literally starting a new job right as the NOA2 was sent) so for the I-134 I was very thorough in providing relevant documents, including my tax transcripts for 2021/2022/2023 to show I have worked consistently full time in spite of the recent job change, and also gave my fiance a letter from my employer verifying my earnings as well as the pay stubs leading up to his interview date.  By the time he had interviewed, I was at the position for five months and so had a paper trail of about ten pay stubs.

 

For the AOS, I plan to update the employment letter to reflect a more current date, and again provide at least three months of pay stubs as evidence (in addition to my transcripts as required).

 

It's entirely possible to make life changes such as employment while the case is active.  I firmly attest in doing so BEFORE my fiance got here, that I was able to put us in a better position to be successful. 

 

I would caution you, though, against depending on her hitting the income threshold in 2024 already as if that's a qualifier.  If she isn't currently employed, it still does not meet the requirements for moving forward, when she has to support you (particularly since the only valid ways to prove income will be from a present employer/paystubs or from a tax transcript, which will not be available for 2024 until after she files taxes in 2025).  Gaining employment again will be essential evidence, if you don't want a co-sponsor on the books.

Edited September 19 by hplusj

[powerpuff 6,705]

*** Thread moved from Progress Reports to Process & Procedures ***