Interview scheduled - They don't accept I-864's only I-134! Freaking out...

[bunnithunder 1]

Hey Everyone,

I just got the list of documents I need to bring to the interview with my alien fiance (we are going together to the interview) and it only listed to bring form I-134. I called and asked if I could also bring forms I-864 and I-864a and was told they were not accepted or necessary. I am so scared right now of a denial based on my non-ability to support my fiance because I just graduated after 4 years of university and have an annual income of only $10,700. My mother agreed to be a co-sponsor long ago, and I have both the I-864 and I-864a forms ready to go, but now I don't know what to do!!! I know we can use the I-864's when we apply for his adjustment of status after our wedding, but how can I have a wedding if they deny us in the first place??? What is the point of having the I-864's if you can't use them to prove your fiance will not be a financial nuisance upon arrival? What can I do!???

Thank you so much!

-Sarah

[Zedayn 485]

The I-864 is not used when applying for a K-1 visa. You need to submit an I-134, just as the embassy has instructed you. Does your embassy accept co-sponsors? If so, then you can have your co-sponsor submit an I-134 as well. Your co-sponsor will need to make enough income for their household size plus the alien fiancé. There is no combining of income with the I-134, like you can do with the I-864A.

[B & G 200]

That's because the I-864 isn't needed at the embassy for a K1 visa. You need to prepare and submit the I-134.

The I-864 is after your fiance's arrival in the US, after marriage when you file for to adjust status.

[Caryh 5,206]

If they do not accept cosponsors for K-1s at your fiance's embassy, your only choice will be to get married there, then file for the CR-1 visa. The cosponsor is required to be accepted for family based visas, but its up to their discretion to accept for K-1 visas, and some embassies do not accept cosponsors for K-1 visas at all.

[bunnithunder 1]

Thank you for the information everyone. I must have overlooked that on the State Department website long ago.... I'm heart broken.

Can someone please tell me if I need to be at 100% the poverty guideline for a family size of 1... or are they assuming a family size of 2 (me and my fiancé). Hopefully I can come up with a large lump-sum of money in the next three weeks.... but I would need a miracle.

[Zedayn 485]

Thank you for the information everyone. I must have overlooked that on the State Department website long ago.... I'm heart broken.

Can someone please tell me if I need to be at 100% the poverty guideline for a family size of 1... or are they assuming a family size of 2 (me and my fiancé). Hopefully I can come up with a large lump-sum of money in the next three weeks.... but I would need a miracle.

It is never a household size of 1. It will always be a minimum of 2, because your fiancé is counted in your household size with you. Also, generally they need to see 125% of the poverty guidelines.

[Caryh 5,206]

Thank you for the information everyone. I must have overlooked that on the State Department website long ago.... I'm heart broken.

Can someone please tell me if I need to be at 100% the poverty guideline for a family size of 1... or are they assuming a family size of 2 (me and my fiancé). Hopefully I can come up with a large lump-sum of money in the next three weeks.... but I would need a miracle.

Technically you only need 100% of the family size with the immigrants added in to determine family size for the K-1. So in your case the count would be you and him, so 2. But the embassy has a lot of discretion with K-1's and keeping them from being a public charge. Given 125% of poverty level is required to get through the AOS, they normally use the 125% number.

Get the I-134 from your mother, you do not know if they will reject co-sponsors at the his embassy. I'm assuming you still intend to try. And bring the I-864's to. Don't plan for failure, but plan to do everything you can to get through this. You can't go 100% on what someone on the phone said from the embassy. I've seen a lot of bad information given out many times.

[bunnithunder 1]

It is never a household size of 1. It will always be a minimum of 2, because your fiancé is counted in your household size with you. Also, generally they need to see 125% of the poverty guidelines.

I think it's 125% only if you're using the I-864.

The DOS website (http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html)%C2'> reads as follows:

"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."

Also, It just says "U.S. sponsors's income". Which is what made me think they were only wanting a household size of 1... It's not exactly crystal clear though.

[Zedayn 485]

I think it's 125% only if you're using the I-864.

The DOS website ( reads as follows:

"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."

Also, It just says "U.S. sponsors's income". Which is what made me think they were only wanting a household size of 1... It's not exactly crystal clear though.

100% is what you need for the I-134 for most non-immigrant visas. This is not always the case with K-1 visas. Generally, the embassy will follow the guidelines for the I-864 (which require 125%), since they know you will likely be filing adjustment of status in the future.

Household size, for purposes of the affidavit of support, is the number of people you are responsible for supporting. If it is just you and your fiancé, your household size is 2 because you are responsible for supporting yourself and your fiancé.

[bunnithunder 1]

Technically you only need 100% of the family size with the immigrants added in to determine family size for the K-1. So in your case the count would be you and him, so 2. But the embassy has a lot of discretion with K-1's and keeping them from being a public charge. Given 125% of poverty level is required to get through the AOS, they normally use the 125% number.

Get the I-134 from your mother, you do not know if they will reject co-sponsors at the his embassy. I'm assuming you still intend to try. And bring the I-864's to. Don't plan for failure, but plan to do everything you can to get through this. You can't go 100% on what someone on the phone said from the embassy. I've seen a lot of bad information given out many times.

Thank you so much, that is all very helpful information. I will try and get my mother to send me a copy of her I-134 (I'm in Serbia at the moment) and we'll see what happens. I plan on calling the Embassy again on Monday and asking what I can/can't do. Thanks again.

[jaygee011 6]

even if you can show that you are at 100% of the poverty level when you apply you need to have 125% of the poverty level which for a household size of 2 is currently $19700.

[Beautifulday 16]

even if you can show that you are at 100% of the poverty level when you apply you need to have 125% of the poverty level which for a household size of 2 is currently $19700.

and a household of 3? btw do you think that those embassies that do accept co - sponsors would actually ask the beneficiary WHY their fiance CANNOT sponsor them? would they dig into that...

didnt mean to butt in, sorry, just a quick question.

[jaygee011 6]

for a household of three it is 24737 to be above the 125% poverty guideline as someone who isnt personally using a sponsor maybe someone else can answer that. I know some embassies do not accept co sponsors full stop. From what i have read on the forum most people with co sponsors dont tend to be grilled as long as the embassy is happy with the co sponsor but its different from embassy to embassy. london seems to be very laid back

Edited August 29, 2014 by jaygee011

[Beautifulday 16]

for a household of three it is 24737 to be above the 125% poverty guideline as someone who isnt personally using a sponsor maybe someone else can answer that. I know some embassies do not accept co sponsors full stop. From what i have read on the forum most people with co sponsors dont tend to be grilled as long as the embassy is happy with the co sponsor but its different from embassy to embassy. london seems to be very laid back

so the person has got to make over 24 thousand a year AFTER TAXES, right?

apparently the embassy in Warsaw accepts them, either they do or something's changed as that info was from a long ago...

[jaygee011 6]

so the person has got to make over 24 thousand a year AFTER TAXES, right?

apparently the embassy in Warsaw accepts them, either they do or something's changed as that info was from a long ago...

No it is pre tax earnings. If the co sponsor has anyone else in their house who is considered as a dependant on their tax return then it will increase yet again.