Affidavit of Support I-134 only needs 100%

[merkin&regine 18]

To everyone,

I want to clear this out as most senior members here in VJ says that Form I-134 need 125% because its fiance's Visa. Well, they are dead wrong adn I have proofs for it.

One of my fiance's friend was just interviewed coupl days ago and was told that I-134 only needs 100% of the Federal Poverty Guideline, I didn't believe it until I got an email response from US Embassy in Manila.

My email Inquiry is the FF:

Hi,

Thank you so much for your response, now that I have researched on I-134, I've encountered 2 different answers on the income requirement of I-134, I have read that, since K1 is a fiance's non immigrant visa, the sponsor needs to have at meet the 125% of the 2011 federal poverty guideline.

But when I went to the travel.state.gov website, it says differently, which states the FF: (This is a word for word copy transcript from the website):

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.

and this is the link of the website:

http://travel.state.gov/visa/immigrants/types/types_2994.html#9

I am very confused though, Is it 100% of the federal poverty guideline? or 125%?

Thank you so much...

Here's the response I just GOT TODAY;

Fiancé(e)s of U.S. citizens (K1) are required to submit a I-134 Affidavit of Support from the petitioner together with a copy of the petitioner’s most recent Federal income tax return (Form 1040).

The minimum income requirement for Form I-134 is 100% of poverty guidelines.

If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant's support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

/gcp

I just want everyone who are on a K1 Visa Journey to know this.

Thanks and I hope this helps and close the confusion made by opinions.

[Stephen + Elisha 92]

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

[merkin&regine 18]

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

I understand what you are trying to say but we are not on AOS yet... This is a process, Let's do this one at a time... I just want to confirm the fact that US Embassy in Manila only needs 100% for the K1 part of the process. I have no problem meeting 125% but I just want to state the fact what the consulate told me. We need concrete and accurate information here, I emailed the Embassy and the Paragraph you read was quoted word for word.

This is also very helpful in the US Embassy in Manila as they dont accept Co- Sponsor on the K1 Process. So if you are a petitioner that meets 100% on K1 part, You can get approved and have a joint sponsor on AOS to get the 125%.

[Stephen + Elisha 92]

merkin, fair enough. 100% works for Manila, which could work to the advantage of some because Manila doesn't accept co-sponsors at the visa application stage.

Nevertheless, it's also fair to say that other consulates may vary. Just as other consulates may accept co-sponsors during the visa application process, other consulates may be looking for 125% rather than 100%.

As usual here at VJ, the moral of the story is do your research. Your mileage may vary at the visa application stage because there are so many different consulates and they're given such wide latitude on making the public charge determination. Find out about the requirements at your consulate, and figure out how you're going to meet (or better yet, comfortably exceed) them.

[Stephen + Elisha 92]

I understand what you are trying to say but we are not on AOS yet... This is a process, Let's do this one at a time...

This is a rather shortsighted statement. Once the visa is issued, your fiance(e) has 6 months at most to enter the US. Then you have 90 days from entry to get married. Since your new spouse won't be able to work or travel abroad until you start the AOS process, you will most likely not want to delay. So you're looking at 9 months at most (and more often less) to get to 125%. Yes, when it comes to AOS you can use a co-sponsor—a prospect not to be taken lightly either, as the co-sponsor is taking on a legal and financial obligation by signing that affidavit of support.

What's the point of bringing your significant other here if you aren't confident that he/she will be able to successfully adjust status and stay here? I agree that it's a process and you need to take it one step at a time, but you also need to look ahead to know what's coming at you and be prepared to handle it.

[merkin&regine 18]

This is a rather shortsighted statement. Once the visa is issued, your fiance(e) has 6 months at most to enter the US. Then you have 90 days from entry to get married. Since your new spouse won't be able to work or travel abroad until you start the AOS process, you will most likely not want to delay. So you're looking at 9 months at most (and more often less) to get to 125%. Yes, when it comes to AOS you can use a co-sponsor—a prospect not to be taken lightly either, as the co-sponsor is taking on a legal and financial obligation by signing that affidavit of support.

What's the point of bringing your significant other here if you aren't confident that he/she will be able to successfully adjust status and stay here? I agree that it's a process and you need to take it one step at a time, but you also need to look ahead to know what's coming at you and be prepared to handle it.

I wont petition her if i can't succesfully Adjust her status but as what i've pointed out, It's easier to submit a joint sponsor to meet 125% on AOS as the descretion is not on the CO but to the paperworks signed and the numbers that comes with it. Unlike on I-134, even if you have a co sponsor that meets 125%, its still the CO's Descretion to accept it or not based on the realtioship between the co-sponsor and visa applicant. Nobody wants the future of thier relationship lies in the hands on somebody... That's why laws were made as guidelines for us to make sure everything would go on smoothly.

My point here is that, Why would a K1 visa Applicant be denied when he does have a co sponsor that meets 125% of the poverty guideline and would otherwise be approved if this was during AOS already as it uses I-864. This doesn't make sense to me.

[Moomin 292]

100/125 %. No matter what the requirements for i-134 say I'd go with the big brother, i-864. This is only because in the FAQ, potential public charge is listed.

100% is accepted when USC is in active duty. The interviewer/CO has the final word, not the person you got the email from.

I understand your point of view since Manila only sometimes accepts co-sponsors. They're looking into the likelihood of the immigrant becoming a public charge. Denmark accepts co-sponsors however the CO even asked me if I had plans on working in the future. I said yes. My husband was above poverty guide lines and I even brought papers from a co-sponsor however they want to make sure they check and double check before approving the ticket to the US.

Edited February 9, 2012 by moomin

[merkin&regine 18]

100/125 %. No matter what the requirements for i-134 say I'd go with the big brother, i-864. This is only because in the FAQ, potential public charge is listed.

100% is accepted when USC is in active duty. The interviewer/CO has the final word, not the person you got the email from.

You are talking about I-864, not I-134, what i'm pointing out here is what the law requires and not what the CO wants to do, CO's are required to follow guidelines and laws on Immigration, they may deny anyone they want but they have to have a reason that follows the law. We also have our rights, so it's always good to know what we can do. Every bad decision made by a CO can always go against him. So they are also careful on what they do. They are not God that can do anything, they don't have the final word, The LAW has.

My post is to give an accurate information with regards to I-134 and not I-864 as they are completely different forms.

[merkin&regine 18]

merkin, fair enough. 100% works for Manila, which could work to the advantage of some because Manila doesn't accept co-sponsors at the visa application stage.

Nevertheless, it's also fair to say that other consulates may vary. Just as other consulates may accept co-sponsors during the visa application process, other consulates may be looking for 125% rather than 100%.

As usual here at VJ, the moral of the story is do your research. Your mileage may vary at the visa application stage because there are so many different consulates and they're given such wide latitude on making the public charge determination. Find out about the requirements at your consulate, and figure out how you're going to meet (or better yet, comfortably exceed) them.

I agree with you here 100% but not all petioners has the comfort of having an income thats way over 125% If evrybody has, then we wouldn't be discussing this right now.

[pushbrk 12,882]

The interviewer/CO has the final word, not the person you got the email from.

Bingo. Everybody knows the official requirements for using the I-134. Burying one's head in the sand is a popular tactic when faced with difficulty these days but don't expect the interviewing consular officer to use it. I'm not saying nobody is going to get a K1 out of Manila without a minimum of 125% being met. I'm sure some do. Here's a couple examples.

1. Petitioner is 23 with no children and six months from graduating from college after spending 5 years working their way through to a degree but only makes 102% of the poverty level.

2. Petitioner is 52 with 4 children and has income of 102% of the poverty level but has never had a job making 125% of the poverty level in their life, trying to bring a fiancee with poor English skills and no work experience to speak of.

Would you expect a Consular officer to treat the two equally? If so, pull your head out of the sand.

[VanessaTony 3,567]

I wont petition her if i can't succesfully Adjust her status but as what i've pointed out, It's easier to submit a joint sponsor to meet 125% on AOS as the descretion is not on the CO but to the paperworks signed and the numbers that comes with it. Unlike on I-134, even if you have a co sponsor that meets 125%, its still the CO's Descretion to accept it or not based on the realtioship between the co-sponsor and visa applicant. Nobody wants the future of thier relationship lies in the hands on somebody... That's why laws were made as guidelines for us to make sure everything would go on smoothly.

My point here is that, Why would a K1 visa Applicant be denied when he does have a co sponsor that meets 125% of the poverty guideline and would otherwise be approved if this was during AOS already as it uses I-864. This doesn't make sense to me.

Your question or rather "point" doesn't make sense to me.

As I stated where you also posted this, you're not exactly right. This is country dependent and what the person who replied to your email said, and what is DONE are two separate things. If you're too close to 125% you can need a co-sponsor (this has happened). Difference in country example - tax returns are NOT a requirement of the I-134 and yet several countries require that you provide them - Australia for example does NOT require the tax returns and goes by what the form requires which is a bank and work letter.

It is MUCH safer to be over 125% and for several countries it is a requirement to be over that amount (because the K1 is treated as an immigrant visa in several countries - Philippines is one of them)

I appreciate your point but 125% is the standard for most countries and it is safer to earn 125%. If you only earn 100% you're not really earning enough to support your fiance/e anyway honestly. I don't understand co-sponsors because they are NOT required to give you money to help support your spouse so if you're not earning enough without them you really aren't ready to bring another mouth to support.

[merkin&regine 18]

Your question or rather "point" doesn't make sense to me.

As I stated where you also posted this, you're not exactly right. This is country dependent and what the person who replied to your email said, and what is DONE are two separate things. If you're too close to 125% you can need a co-sponsor (this has happened). Difference in country example - tax returns are NOT a requirement of the I-134 and yet several countries require that you provide them - Australia for example does NOT require the tax returns and goes by what the form requires which is a bank and work letter.

It is MUCH safer to be over 125% and for several countries it is a requirement to be over that amount (because the K1 is treated as an immigrant visa in several countries - Philippines is one of them)

I appreciate your point but 125% is the standard for most countries and it is safer to earn 125%. If you only earn 100% you're not really earning enough to support your fiance/e anyway honestly. I don't understand co-sponsors because they are NOT required to give you money to help support your spouse so if you're not earning enough without them you really aren't ready to bring another mouth to support.

We can argue about this back and forth and as i've said, im with you guys 100% on going over the 125% but i'm just stating the official requirement of I-134; this may be only in Philippines but at least we have a clear answer from a consulate on this requirement and wont stop guessing.

[VanessaTony 3,567]

You are talking about I-864, not I-134, what i'm pointing out here is what the law requires and not what the CO wants to do, CO's are required to follow guidelines and laws on Immigration, they may deny anyone they want but they have to have a reason that follows the law. We also have our rights, so it's always good to know what we can do. Every bad decision made by a CO can always go against him. So they are also careful on what they do. They are not God that can do anything, they don't have the final word, The LAW has.

My post is to give an accurate information with regards to I-134 and not I-864 as they are completely different forms.

No your post was to give information in regards to MANILLA, that is all, not about the I-134.

Most countries go by 125%. Countries requirements are different. To be safe ensure you earn 125%. The CO's are required to follow guidelines yes, but ALSO a lot of their own discretion. If they don't believe your income is sustained they will deny you. You haven't shown anything you can "do" so that part of your post makes no sense. The form says 100% but there is the fine-print of "at CO's discretion".

As I stated, each country changes their requirements. This CFO thing the Philippines does is not a K1 requirement in my country, it is there. Tax returns are not a requirement of the I-134 but many countries ask for them. Some countries require the shots be completed, it's not actually a requirement of the K1, it's a country thing.

Again - the requirement might be 100%, but don't be surprised if the CO decides the income isn't sufficient given AOS requires 125% (as they have before).

[KayDeeCee 4,893]

This would be specific to the Manila consulate then. This does not apply across the board. Most consulates want to see the 125% or better. Even if Manila told you it is only 100% in an email, it doesn't mean the interviewing officer won't tell you they want to see 125% or denied. Why risk it? You need it for AOS in a short time from the interview anyway. I do not understand why you keep insisting the 100% is all you need and the way everyone should plan to go. I think people should plan for 125% no matter what consulate they interview at.

[VanessaTony 3,567]

We can argue about this back and forth and as i've said, im with you guys 100% on going over the 125% but i'm just stating the official requirement of I-134; this may be only in Philippines but at least we have a clear answer from a consulate on this requirement and wont stop guessing.

There is no guessing. It's common knowledge what the FORM says but the CO and the country has the discretion to change it (within guidelines of course) and denying someone because they're under 125% and therefore at risk of being a public charge is within the rules - because AOS requires 125% and that's the process that's required once they arrived. THAT is the point Jim was getting at in the post you first replied with your OP.