Affidavit of Support Question

[robhardin234 0]

What percentage of the federal poverty level is required for the K-1 Visa interview to meet the requirement to get the visa? In Manila do they use the I-134 or I-864?

Brass tax is making over 100% of the Federal Poverty Level and submitting supporting paperwork and the I-134 sufficient proof to meet the support requirements for the K-1 visa only?

I've read mixed answers for this question and would like clarification. Even got a foggy answer from the consulate when I requested an answer. My friend who went through this process had someone from the constituents office at the congressmans office request answers for him to get clarification on questions he had.. Believe to do this I have to have an active case to reference. I would like to know before I file though. I've read on the actual government website it has to be just 100% of the Federal Poverty Level for the I-134 at the consular interview to meet the requirement for the visa.. The 125% comes in to play for the adjustment of status to permanent residency, but is then filled with a I-864 which allows use of a cosponsor. The I-134 used in Manila typically does not take into account any cosponsors from what I know of and have read.

[robhardin234 0]

I know with the I-134 there is no cosponsor allowed in Manila, but the written policy for the I-864 allows the use of a cosponsor.

Here is the link for the website: http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#9

Direct Quote from the travel.state.gov 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."

Does Manila embassy require the I-134 or I-864 for the K-1 Visa Interview at the embassy?

[cristina16 81]

What percentage of the federal poverty level is required for the K-1 Visa interview to meet the requirement to get the visa? - 100%

In Manila do they use the I-134 or I-864? - I-134

Just in case you have not read this:

http://photos.state.gov/libraries/manila/1178798/Instructions%20Packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_February%202016_.pdf

[robhardin234 0]

Thank you for the response! This makes me super happy!!!!

[robhardin234 0]

Is that 100% requirement also account for non-military petitioners? As I read your profile that your husband was military. I've seen that the requirement for the I-846 shows that military is held to a different standard.

[cristina16 81]

Yes, 100% for I -134 is standard for everyone. If your income will not meet 100% alone, include assets.

[TedA 3]

If you meet the income requirement can you just show proof of income for I-134 or do you need to show tax returns? I receive VA compensation and SSDI but pay no taxes. I can show benefit letters from VA and Social Security with more than the minimum.

Also if my income is sufficient do i need bank statements?

Thanks.

Edited March 7, 2016 by TedA

[Hank_ 9,174]

What percentage of the federal poverty level is required for the K-1 Visa interview to meet the requirement to get the visa? In Manila do they use the I-134 or I-864?

Brass tax is making over 100% of the Federal Poverty Level and submitting supporting paperwork and the I-134 sufficient proof to meet the support requirements for the K-1 visa only?

I've read mixed answers for this question and would like clarification. Even got a foggy answer from the consulate when I requested an answer. My friend who went through this process had someone from the constituents office at the congressmans office request answers for him to get clarification on questions he had.. Believe to do this I have to have an active case to reference. I would like to know before I file though. I've read on the actual government website it has to be just 100% of the Federal Poverty Level for the I-134 at the consular interview to meet the requirement for the visa.. The 125% comes in to play for the adjustment of status to permanent residency, but is then filled with a I-864 which allows use of a cosponsor. The I-134 used in Manila typically does not take into account any cosponsors from what I know of and have read.

.

I know with the I-134 there is no cosponsor allowed in Manila, but the written policy for the I-864 allows the use of a cosponsor.

Here is the link for the website: http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#9

Direct Quote from the travel.state.gov 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."

Does Manila embassy require the I-134 or I-864 for the K-1 Visa Interview at the embassy?

The I-134 is used for the K-1 visa, the embassy requires gross income to be 125%. The I-864P lists the required income.

USEM does accept co-sponsors on a case by case basis (it is not dependent on whether the I-134 or I-864 is used), one requirement IF USEM is to accept a co-sponsor with the K-1 visa is they be a close relative - parents, siblings are best.

What percentage of the federal poverty level is required for the K-1 Visa interview to meet the requirement to get the visa? - 100% 125%

In Manila do they use the I-134 or I-864? - I-134

Just in case you have not read this:

http://photos.state.gov/libraries/manila/1178798/Instructions%20Packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_February%202016_.pdf

USEM requires 125%

http://www.visajourney.com/forums/forum/129-philippines/

[robhardin234 0]

Just got a response from the Embassy and they stated only 100% of the FPL is required for proof of income for the I-134. Which is the form they use to measure income for the visa interview.

[string_beats 15]

Hi,

Can anyone tell us more about the form, The Form i-134, Affidavit of Support expired on 02/29/2016 so can we still use it or is there any updated form which we are not seeing?

Thanks

[cristina16 81]

.

The I-134 is used for the K-1 visa, the embassy requires gross income to be 125%. The I-864P lists the required income.

USEM does accept co-sponsors on a case by case basis (it is not dependent on whether the I-134 or I-864 is used), one requirement IF USEM is to accept a co-sponsor with the K-1 visa is they be a close relative - parents, siblings are best.

USEM requires 125%

http://www.visajourney.com/forums/forum/129-philippines/

What?? I am sure the 125% is for AOS not K1 at local embassy level using I-134. Anyhow, I cannot prove by experience that since we are above 125% and I-134 was not asked from me.

But clearly, ronhardin proved it was 100% by calling embassy and not just taking our word for it .

Let us all stop confusing with I-134 and I-864.

[cristina16 81]

Just got a response from the Embassy and they stated only 100% of the FPL is required for proof of income for the I-134. Which is the form they use to measure income for the visa interview.

Very well said. Good luck on your application

[Hank_ 9,174]

What?? I am sure the 125% is for AOS not K1 at local embassy level using I-134. Anyhow, I cannot prove by experience that since we are above 125% and I-134 was not asked from me.

But clearly, ronhardin proved it was 100% by calling embassy and not just taking our word for it .

Let us all stop confusing with I-134 and I-864.

I know of numerous people who needed to acquire a co-sponsor for only meeting the 100% guidelines. And yes I know when you call the embassy they will quote the 100% number, but that is just call center personal they quote from DOS, the CO has a different opinion,and they are the gods.

With that said there has been serious changed in the last year plus, half the time they are not even asking for support evidence.

Edited March 9, 2016 by Hank_

[pantonia 39]

If you meet the income requirement can you just show proof of income for I-134 or do you need to show tax returns? I receive VA compensation and SSDI but pay no taxes. I can show benefit letters from VA and Social Security with more than the minimum.

Also if my income is sufficient do i need bank statements?

Thanks.

Our co-sponsor was a veteran whose only income came from SS and VA. What we did, was to get a statement from both places, stating the benefits he receives, etc.

I believe that should be enough,so you can just stop reading here, BUT, just because we didn't wanna risk it and because tax records WILL be required later on for the AOS and I-864, we went ahead and "over did it" by adding a letter of explanation stating WHY he doesn't have to pay taxes and we included "proof" of that. Our "proof" was:

• for the VA benefit being non taxable: apart from the VA's statement, we added a printout of the benefit's description, taken from the VA's website, which states that it is non-taxable. We added the table of rates of payment, just for good measure and highlighted the relevant lines.
• for the SS benefit being non taxable: apart from the social security statement, we sent a copy of the form SSA-1099 "social security benefit statement" for the most recent year, and included a copy of the back of it, Notice 703, which helps you calculate if some of your SS benefit is taxable. We did the math in that notice, which showed that the income wasn't taxable.

To over do it a little more, we also added the bank statements of the 3 most recent months, and highlighted the benefits deposited, just to show they were in fact being given to him.

There might be a better way to show that the income isn't taxable, but that's what we came up with and I hope it is also good enough for our AOS paperwork, which we'll be sending hopefully at the end of this month.

good luck!

[TedA 3]

I appreciate the response. I think i will send my VA benefit letter, My SSDI benefit letter, and my Bank statement. Then I will write a letter stating that because my income is non-taxable I do not pay taxes and sign and date that.

Hopefully that will be sufficient since my income is more than minimum. Actually when i bought my house for loan purposes my income was calculated higher because it goes farther being non taxable.

Thanks again for the response. This is such a long and complicated process Im sure im not the only one who worries about it.