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I-134 affidavit of support/ I-864

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I have a couple questions; first is, I filed for a K-1 visa, I have read some stuff thats states I will have to file a I-134 affidavit of support when my fiance goes to his interview at the embassy, and I can use assets if my income is too low but then I have also read I cannot. Does anyoe know the facts???? Also it states on the USCIS website that your assets only need to total 3x the difference between your income and the fedral poverty limit needed, yet I have also read you need 5x the amount in assets..... which is it??? This is all so confussing!!!!!!!!!!!!!!! The I-864 does that get done when you have married and are filing for permanent residence? Or do you not have to one because you did a I-134?

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Here are the instructions for the I 864, you can read page 7.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

The assets have to be 5 times if you are petitioning any other family member besides a spouse or minor child. Since you are petitioning for a fiancé who will be your spouse, the 3 times requirement should apply to you. They provide an example on this page of how you can use your assets to meet the requirement. I assume the I 134 would be based on the same calculations as the I 864, because the instructions on the I 134 do not specify how to calculate the assets. Hopefully, someone can clarify on that further.

Also the the I 134 is what you need now because you are petitioning a fiancé. The I 864 you will need after you marry your fiancé and file for adjustment of status.

If for some reason you can't meet the requirements by yourself, you can use a joint sponsor who makes above the 125% poverty level on his own and who would be willing to be responsible along with you.

This does not constitute legal advice.

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I just wanted to add, for the I 134 you only need to demonstrate your income at 100% of the poverty level, not 125%. However, keep in mind that you will need to prove 125% when you do the adjustment of status and have to use the I 864.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9

Edited by ianhalliwell186

This does not constitute legal advice.

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Filed: K-1 Visa Country: Ukraine
Timeline

Hi, I am going through the Fiancee K-1 twice so my comments are based on my limited experience and my interpretations of the forms. First, if going through the K-1 process, you need to fill out the I-134 Affidavit of Support which needs to show with two people, 125% of the poverty level which for two people is $19,662 based on the 2014 guidelines. You can show assets also but it if assets are used :" Assets may supplement income if the immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included."

So what it boils down to is the interpretation of the person who is reviewing your file if assets will count. IMHO, it is best to shoot for the 125% of the poverty guideline as that is more of a concrete guideline which can be proven. Assets have to be liquidated into cash which takes time, assuming you can sell it for near what it is worth. If you can't get to the 125% of the poverty level, you have to get a co-sponsor which means the calculation for the minimum income amount will change. Here is a link to the 2014 poverty guidelines:

http://aspe.hhs.gov/poverty/14poverty.cfm

The calculation is as follows for you and your fiancee: [Poverty guideline for 2 people] x 125% = [$15730] x 125% = $19,662.

If you have someone co-sponsor you and they have 1 dependent, the calculation is as follows: [Poverty guideline for 4 people] x 125% = [$23,850] x 125% = $29,812.

Hope that helps.

Also, for the I-864, it is only used after you get married and are going for an Adjustment Of Status (AOS) for your Fiance to stay in the US. Also remember you need to submit an I-864 for each person so if your Fiance has a child, you have to fill it out also for them.

We are all going through the same process so keep up the faith and yes, your turn will eventually come and the Visa will be approved (I am waiting for that day also).

Vu

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I just wanted to add, for the I 134 you only need to demonstrate your income at 100% of the poverty level, not 125%. However, keep in mind that you will need to prove 125% when you do the adjustment of status and have to use the I 864.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9

Wrong. For the I-134, you must make 125% of the poverty level, or get a co-sponsor. Right now, you (the USC) would need to make $19,663/year (more if you're sponsoring others) in order to not require a co-sponsor unless you are active military. If you do not make a salary of $19,663/year, but you have liquid assets, they must total 3x the shortfall for the I-134, but 5x the shortfall once you file the I-864 with your AOS. That's assuming you have assets to cover the shortfall. A lot of people get co-sponsors and manage just fine. So, to clarify, you will need to do an I-134 for the interview and the I-864 once the beneficiary is here and filing for AOS.

October 2007- Became friends gaming onlineJanuary 16, 2009- Met in person in UKDecember 25, 2011- Ten visits later, engaged!February 24, 2012- I-129F SentFebruary 29, 2012- NOA 1 ReceivedJuly 13, 2012- RFE email sad.pngJuly 20, 2012-RFE response mailed to CSCJuly 24, 2012-RFE response reviewJuly 26, 2012-NOA2!!!!July 30, 2012-NOA2 Hardcopy ReceivedAugust 3, 2012-NVC received case and forwarded to LondonAugust 6, 2012-Case received by LondonAugust 13, 2012-Packet 3 sent out by consulateAugust 15, 2012-Packet 3 receivedAugust 23, 2012-Mailed affidavit and original forms to Rob via express mailAugust 30, 2012-MedicalSeptember 3, 2012-Packet 3 sent to embassy with DS-2001September 4, 2012-Packet 3 and DS-2001 arrive in LondonSeptember 26, 2012-Packet 4 receivedOctober 11, 2012- lnterview- Result: APPROVEDOctober 18, 2012-Visa in handNovember 15, 2012- POE-ORDNovember 21, 2012- Legal wedding!!November 30, 2012- Applied for SSNDecember 7, 2012- SSN card came in mailDecember 20, 2012- AOS/EAD/AP sent outDecember 27, 2012-AOS/EAD/AP Text/email confirmationDecember 31, 2012-AOS/EAD/AP NOA1 received in mailJanuary 22, 2013-Biometrics appointmentFebruary 15, 2013- EAD/AP approvedFebruary 27, 2013- EAD/AP card arrived in mailApril 6, 2013- Big family wedding!!August 12, 2013-AOS text/email- APPROVED!! <p>May 16, 2015- ROC package sent to CSC August 15, 2015- ROC Approved!
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Not wrong. If you would have cared to read the link. For the I 134, it's only 100% of the federal poverty level. Also I did suggest the OP to prove 125% because she will need it anyway for the I 864.

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.

Wrong. For the I-134, you must make 125% of the poverty level, or get a co-sponsor. Right now, you (the USC) would need to make $19,663/year (more if you're sponsoring others) in order to not require a co-sponsor unless you are active military. If you do not make a salary of $19,663/year, but you have liquid assets, they must total 3x the shortfall for the I-134, but 5x the shortfall once you file the I-864 with your AOS. That's assuming you have assets to cover the shortfall. A lot of people get co-sponsors and manage just fine. So, to clarify, you will need to do an I-134 for the interview and the I-864 once the beneficiary is here and filing for AOS.

This does not constitute legal advice.

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The written law for a fiancé visa says little more than the officer needs to be convinced the immigrant will not become a public charge and he may want to require a form I-134. It is really subjective. But what each embassy has "adopted" as to what will convince the officers there can vary. So with that in mind, find out what is the general rule of thumb is at your embassy rather than thinking what is accepted in London or Manila is exactly how it will be in Juarez or Accra.

For example London has accepted 100%, doesn't require a tax return, only needs an I-134 from the sponsor with the money and not from the fiancé if they don't qualify, and lets the beneficiary sponsor himself with his own money and no I-134. Don't expect that at every embassy. Some consulates require a whole lot more convincing than others that the beneficiary will not become a public charge.

Once you get passed NOA2, then seek out information specific to your country.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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