Jump to content
jparham0528

Newly Engaged Couple (Probably Typical / Generic Question)

 Share

34 posts in this topic

Recommended Posts

Hello. I am a US citizen. My girlfriend is from Indonesia. I've been trying to do some research online about this K-1 Visa. I've had a few people tell me that I need to make at least 125% above the state poverty line in order to qualify to sponsor her. I've also heard people say it can be 100%. The reason I'm asking is because I have a new job making 10 dollars an hour. My boss said he could give me like 5 hours over time each work week so I would be able to qualify to sponsor her.

 

Is this going to be a problem and should I look for work elsewhere making more money? Thank you.

Link to comment
Share on other sites

8 minutes ago, jparham0528 said:

Hello. I am a US citizen. My girlfriend is from Indonesia. I've been trying to do some research online about this K-1 Visa. I've had a few people tell me that I need to make at least 125% above the state poverty line in order to qualify to sponsor her. I've also heard people say it can be 100%. The reason I'm asking is because I have a new job making 10 dollars an hour. My boss said he could give me like 5 hours over time each work week so I would be able to qualify to sponsor her.

 

Is this going to be a problem and should I look for work elsewhere making more money? Thank you.

It is 100% at the K1 visa stage (i-134 affidavit of support, a few embassy exceptions require 125%). If you work 45 hrs per week or 40 hrs per week doesn't matter for the 100% requirement. You'd need 6 months paystubs confirming this and a letter from your employer that attests to it.

At time of AOS you will need 125% (i-864 affidavit of support) at which time the 40 hrs per week  barely gets you by but the 45 hrs per week puts you over by a few thousand dollars. Again you'd need about 6 month of paystubs confirming this salary and a letter from the employer attesting to salary and number of hours worked per week.

 

(also you need to send tax transcripts (returns+w2, but I'm assuming these wouldn't support the higher salary).

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

In addition to Suss' comment, if you don't meet the requirements you can always seek a joint-sponsor (a family member or friend) who will act as a guarantor that the beneficiary (your fiancée) will not become a public charge. 

Link to comment
Share on other sites

For some Embassy's and Consulates meeting 100% of the poverty guideline for the I-134 affidavit of support suffice. But that's for that stage only. 
Once she is here on the K-1 and files Adjustment of Status, the poverty guideline is 125% for the I-864 affidavit of support. 

If you decide to go the CR-1 route (spousal visa); you will have to meet the 125% right away.

Get a co-sponsor if you aren't sure you earn enough. You can ask family or friends to sign an I-864A. This means they don't have to pay everything for her but it's a guarantee she won't become a public charge until she is a USC. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Link to comment
Share on other sites

6 minutes ago, Dutchster said:

For some Embassy's and Consulates meeting 100% of the poverty guideline for the I-134 affidavit of support suffice. But that's for that stage only. 
Once she is here on the K-1 and files Adjustment of Status, the poverty guideline is 125% for the I-864 affidavit of support. 

If you decide to go the CR-1 route (spousal visa); you will have to meet the 125% right away.

Get a co-sponsor if you aren't sure you earn enough. You can ask family or friends to sign an I-864A. This means they don't have to pay everything for her but it's a guarantee she won't become a public charge until she is a USC. 

I wouldn't say 100% suffices for some embassies - it's the general rule for most embassies. Other than that, agree - joint sponsor would erase any doubt :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

7 minutes ago, Suss&Camm said:

I wouldn't say 100% suffices for some embassies - it's the general rule for most embassies. Other than that, agree - joint sponsor would erase any doubt :)


Oh I meant to say for mostly all lol! :lol: Excuse moi. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Link to comment
Share on other sites

Just now, Dutchster said:


Oh I meant to say for mostly all lol! :lol: Excuse moi. 

Don't worry, apparently I'm here to pick on every word! :jest: 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

10 minutes ago, jparham0528 said:

The problem I face is that I'm unable to get a co-sponsor. I'm having to do this all on my own. My father is in massive debt and I live with my grandparents. They are on a fixed social security income.

 

It's very stressful, honestly.

In that case - You will honestly not have a problem at the K1 stage if you have all the evidence. During the time from i-129f until AOS you have plenty of time to save more paychecks to back up your 45hr/week claim. If you are guaranteed those 45 hours a week, you do meet the requirement also for AOS. If there is any doubt that you might not get them, then trying to look for a job where you make an extra couple bucks per hr would be advisable. For this point in the process you are okay - the main concern is making sure you can prove it.

Poverty lines are found here https://www.uscis.gov/i-864p - they were recently updated so will stay the same for about a year.

This is a stressful process - you can do it! :)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

That's unfortunate but you have to show the USCIS a stable income if you want to sponsor your girlfriend to be a legal permanent resident. 

If you make $10 an hour, I'd say you make about $20,800.00 annually which means you will just about make enough, but just by $500 but technically seen enough for the requirements of the I-864.

Edit; oh lord I had a little brain fart on the calculation :lol:

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Link to comment
Share on other sites

2 minutes ago, Dutchster said:

That's unfortunate but you have to show the USCIS a stable income if you want to sponsor your girlfriend to be a legal permanent resident. 

If you make $10 an hour, I'd say you make about $20,800.00 annually which means you will just about make enough, but just by $300 but technically seen enough for the requirements of the I-864.

Exactly, and with 45 hrs/week he'd be over 23k. so it'll be in the evidence and security of that.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

Even with just the 40 hour (and not less!!) he just makes enough to support her. But that's actually close. I think USCIS can still ask for a co-sponsor in cases that are close to the minimum. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Link to comment
Share on other sites

My husband earned $12 at the time we filed adjustment of status so it's not like you need a $15+ hourly pay. Try your chances with a steady, good paying job if you don't want to wing it. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Link to comment
Share on other sites

Something I read on a related site (that adds to what has already been said here) is that the affidavit of support that you submit for a K1 visa becomes part of your/her permanent record.  This is a significant point, because while it's true that the income requirement for K1 is only 100% of poverty level, as stated here previously the AOS will require 125%... and they're going to refer to your original Affidavit of support when considering that.  As such, it's wise to demonstrate 125% at the original K1 stage, to avoid future complications.

That said, I don't know that there's any restriction on filing a second Affidavit of Support that shows updated income,but just be aware that the original one will not go away.

Edited by Gringuitico
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...