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Brandonfigueiredo

Income requirement for dependent

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So I have a question regarding the amount of income you need to make to show you can support your fiancé. I am 20 and work part time and I will be living with my parents and my soon to be wife when she does come to America. Is this fine? I make over $15k a year just part time, and I also go to school. Does my income still need to match the 100% of the poverty level? (Or whatever they go by?) thank you for the help! 

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You will need a co sponsor 

What embassy are you going through, some do not allow them or allow them sparingly for K1 cases

 

For the actual K1 you need an income at least 100% of the poverty guidelines for your household size-which is 2 if it is just you and your fiance (neither of you having kids) for the adjustment of status you need to do after you are married you would need to demonstrate at least 125% of the poverty guidelines for your household size

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Quick google search of poverty guidelines - 

2 16,020

 

It needs to be 125% for adjustment of status.

Probably a good idea to get a co-sponsor. Also, keep in mind that you will shell out about $2000+ in fees for immigration visa/green card.

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2 hours ago, DrEllaNJ said:

Quick google search of poverty guidelines - 

2 16,020

 

It needs to be 125% for adjustment of status.

Probably a good idea to get a co-sponsor. Also, keep in mind that you will shell out about $2000+ in fees for immigration visa/green card.

 

Incorrect, this number is for sponsor in active duty in US armed forces petitioning spouse or child... The correct number is $20,025.

 

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf?download=1

 

 

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33 minutes ago, Brandonfigueiredo said:

And does this get sent with the k1 visa packet? Or do I complete this once I get approved?

The i-134 (affidavit of support) will be brought by your fiancée to the K1 interview (after approval of i-129f petition).

Edited by Suss&Camm

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1 hour ago, Suss&Camm said:

 

Incorrect, this number is for sponsor in active duty in US armed forces petitioning spouse or child... The correct number is $20,025.

 

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf?download=1

 

 

Nope. I said that the poverty guideline for 2 people is  $16,020 . 125% of the poverty guideline is needed for adjustment of status (unless you're in the military on active duty). If you calculate correctly, 125% of the poverty guideline is... wait for it... $20,025.

 

Technically, as I understand it, 100% of the poverty guideline is sufficient for the K-1 visa, but just a few months later, you'll have to prove 125% as you apply for AOS and file i-864. So it's better to have 125% from the start.

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1 minute ago, DrEllaNJ said:

Nope. I said that the poverty guideline for 2 people is  $16,020 . 125% of the poverty guideline is needed for adjustment of status (unless you're in the military on active duty). If you calculate correctly, 125% of the poverty guideline is... wait for it... $20,025.

 

Technically, as I understand it, 100% of the poverty guideline is sufficient for the K-1 visa, but just a few months later, you'll have to prove 125% as you apply for AOS and file i-864. So it's better to have 125% from the start.

Sorry you are right, I was focused on the i-864 requirements.

 

That said, some consulates ask for the 125% as I've read on here, but I haven't looked into verifying this or find out which consulates.

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Hi guys I've read all the above. 100% poverty for K-1 and than 125% poverty for adjustment. Ok I meet the 100% but Im -$600 on the 125%, as shown on my 2016 Taxes. As of January 2017 I got a raise. If I get the letter from my work stating my new annual income is that ok or just keep $2000 in my bank account just in case?? Any suggestions?

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Some consulates want the 125% of the poverty guidelines. Check out your consulate. Note that finances are also up to the discretion of the person doing the interview, while you may technically meet the requirements they CAN ask for more proof/more cosponsors if they feel they need more insurance that the foreign fiance won't become a burden in the states. I've experienced this personally through Montreal, which is a low fraud fairly easy consulate, it CAN happen. We ended up giving Montreal three I-134's and proofs.  It's rare, but know it exists.

With that said, this is the actual form they use to determine the lines.  https://www.uscis.gov/sites/default/files/ilink/docView/SLB/DATAOBJECTS/I_864P.pdf

It's ALWAYS best to plan to try to meet the 125%, then you know you're most likely going to be fine. If you don't meet the 125% it's also best to plan to use a cosponsor, start these conversations with people you may want to cosponsor as when you AOS if you didn't meet the 125% for the K-1 visa, you most likely won't meet the 125% for Adjustment of Status.

NORMALLY though, most people don't have many issues at the K-1 stage, it's the AOS stage that there's more issues because K-1 stage there's traditionally a bit more lenancy to income, but AOS it's you meet the requirement completely or you get a cosponsor, no if's and's or but's. So it's best to treat the financial portion of K-1, as if you were AOSing.

Edited by Ash.1101

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On 1/3/2017 at 11:20 AM, DrEllaNJ said:

Nope. I said that the poverty guideline for 2 people is  $16,020 . 125% of the poverty guideline is needed for adjustment of status (unless you're in the military on active duty). If you calculate correctly, 125% of the poverty guideline is... wait for it... $20,025.

 

Technically, as I understand it, 100% of the poverty guideline is sufficient for the K-1 visa, but just a few months later, you'll have to prove 125% as you apply for AOS and file i-864. So it's better to have 125% from the start.

"technically" but many embassies and consulates choose to do the 125% regardless. Since the I-134 isn't enforceable anyhow, they are appropriately covering their bases in my opinion. 

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1 hour ago, Ash.1101 said:

Some consulates want the 125% of the poverty guidelines. Check out your consulate. Note that finances are also up to the discretion of the person doing the interview, while you may technically meet the requirements they CAN ask for more proof/more cosponsors if they feel they need more insurance that the foreign fiance won't become a burden in the states. I've experienced this personally through Montreal, which is a low fraud fairly easy consulate, it CAN happen. We ended up giving Montreal three I-134's and proofs.  It's rare, but know it exists.

With that said, this is the actual form they use to determine the lines.  https://www.uscis.gov/sites/default/files/ilink/docView/SLB/DATAOBJECTS/I_864P.pdf

It's ALWAYS best to plan to try to meet the 125%, then you know you're most likely going to be fine. If you don't meet the 125% it's also best to plan to use a cosponsor, start these conversations with people you may want to cosponsor as when you AOS if you didn't meet the 125% for the K-1 visa, you most likely won't meet the 125% for Adjustment of Status.

NORMALLY though, most people don't have many issues at the K-1 stage, it's the AOS stage that there's more issues because K-1 stage there's traditionally a bit more lenancy to income, but AOS it's you meet the requirement completely or you get a cosponsor, no if's and's or but's. So it's best to treat the financial portion of K-1, as if you were AOSing.

You are correct.? But it does state on the instructions for I-849, that you can provide a letter from your employer with annual income and 6 months of paystubs. These was shown to me by a peer from here. 

IMG_6420.PNG

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9 hours ago, Anatti87 said:

You are correct.? But it does state on the instructions for I-849, that you can provide a letter from your employer with annual income and 6 months of paystubs. These was shown to me by a peer from here. 

 



Yeah, Employer letter and paystubs are both basic proofs for the I-134 (K-1 visa) and the I-864 (AOS). In your case you're probably fine, by the time you even get to the K-1 interview, since you just applied, you'll have enough financial information to show that you're currently making enough, and if you are worried then just have a bank statement showing 1800$ in assets to cover for being under the 125% by 600$.

My response was more so for the people who meet the 100% because they CAN'T meet that 125% within the time period of K-1 to AOS, the one's that only make say 16k instead of 20k.. Those are the people that need to be aware of wanting to get a cosponsor and be aware that just because they plan for 100% of the poverty line to be good at the K-1 interview, doesn't mean it will be.

Edited by Ash.1101

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