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GJen

Sponsoring My Fiance= 100% for I-134?

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Filed: Citizen (apr) Country: Venezuela
Timeline

I was pretty worried about having to find a sponsor because I don't make above 125% of the poverty line. I came across this website though:

http://travel.state.gov/visa/immigrants/ty...2994.html#Forms

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

My boyfriend is concerned about my taxes. This year will be the first year that I will be filing taxes, because this is the first year I've had any kind of income. (I was in school fulltime before) He says that he has read on VisaJourney that 3 years of tax records are needed, though it plainly states on the government page that "the most recent year's tax return" isn't even needed until you file for the I-864.


G(Venezuela)Venezuela%20flag-S-anim.gifanimated_earth.gifus-flag-small.gifJen(GA,U.S.)iATxm5.png369549mx7b73btk2.gif




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Filed: Citizen (apr) Country: Venezuela
Timeline

If your income exceeds the 125% for poverty you should be ok.

Why 125%, though? http://travel.state.gov/visa/immigrants/ty...2994.html#Forms says the following:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No.
The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed.
Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA
.


G(Venezuela)Venezuela%20flag-S-anim.gifanimated_earth.gifus-flag-small.gifJen(GA,U.S.)iATxm5.png369549mx7b73btk2.gif




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Filed: Other Timeline
Until recently, the USCIS did require three years of tax returns. Now, it's only the last year's tax return they ask for.

USCIS changed the requirement for three years of tax returns for filing of the I864 in 2006.

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Filed: Other Timeline
If your income exceeds the 125% for poverty you should be ok.

Why 125%, though? http://travel.state.gov/visa/immigrants/ty...2994.html#Forms says the following:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No.
The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed.
Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA
.

You've stumbled across the exact language that is 'guidance' from the State Department to consulates.

But you do need to research what is required of YOUR consulate. Read what you found very carefully. It says 'applicants using the I134". Not all consulates use this form. Every consulate is actually free to do as it sees fit when it comes to the financial aspect of this process. The cite you found is correct - it likely applies to you but you need to make certain by researching recent anecdotal evidence from your consulate.

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Filed: Citizen (apr) Country: Venezuela
Timeline
If your income exceeds the 125% for poverty you should be ok.

Why 125%, though? http://travel.state.gov/visa/immigrants/ty...2994.html#Forms says the following:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No.
The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed.
Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA
.

You've stumbled across the exact language that is 'guidance' from the State Department to consulates.

But you do need to research what is required of YOUR consulate. Read what you found very carefully. It says 'applicants using the I134". Not all consulates use this form. Every consulate is actually free to do as it sees fit when it comes to the financial aspect of this process. The cite you found is correct - it likely applies to you but you need to make certain by researching recent anecdotal evidence from your consulate.

And to do so I'll need to set up an InfoPass appointment and speak with them? Every time I've checked lately, there haven't been any openings... is there an alternative to InfoPass?


G(Venezuela)Venezuela%20flag-S-anim.gifanimated_earth.gifus-flag-small.gifJen(GA,U.S.)iATxm5.png369549mx7b73btk2.gif




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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You will use the I-864 after the 90 days to adjust his status. 125% needed there. That's the big one.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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