Confused... need help!

[star1207 2]

Hello Everyone,

I am a little bit confused with the income requirement for the I-134/I-864. I understand what 125% of the Poverty Guidelines is, but does that mean he has to show 125% or more CURRENTLY in his job letter and pay stubs OR do they require 125% in the 1040 Tax Return / W-2 for the most recent year? My husband is making above the 125% now, but not as of his 2008 W-2, and 1040. Will this be a problem for us at the interview?

Thanks in advance for your help guys!

[YuAndDan 153]

K-Visas do I-134.

NVC will request I-864 if you are keeping the I-130 in process through NVC for an immigrant visa.

125% means current income, past years IRS returns are required to show a pattern of income in the past.

I always recommend keeping the I-130 moving through NVC and respond to their packets, in most cases if you do this the I-130 (CR-1) case makes it to the consulate BEFORE K-3 interview, and the K-3 gets dropped and the interview becomes one for a CR-1 visa. This saves TIME, and $$$$ not having to file to adjust status from a K-Visa.

The K-3 is no longer a relevant visa type, it was developed at a time when I-130 for spousal visa was taking a year or longer to process through USCIS, in this case the K-3 allowed entry to the USA to wait for I-130 approval, so that the couple can either adjust status or interview for the spousal visa, since USCIS has begun approving I-129F AND I-130 on the same date, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval).

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[star1207 2]

K-Visas do I-134.

NVC will request I-864 if you are keeping the I-130 in process through NVC for an immigrant visa.

125% means current income, past years IRS returns are required to show a pattern of income in the past.

I always recommend keeping the I-130 moving through NVC and respond to their packets, in most cases if you do this the I-130 (CR-1) case makes it to the consulate BEFORE K-3 interview, and the K-3 gets dropped and the interview becomes one for a CR-1 visa. This saves TIME, and $$$$ not having to file to adjust status from a K-Visa.

The K-3 is no longer a relevant visa type, it was developed at a time when I-130 for spousal visa was taking a year or longer to process through USCIS, in this case the K-3 allowed entry to the USA to wait for I-130 approval, so that the couple can either adjust status or interview for the spousal visa, since USCIS has begun approving I-129F AND I-130 on the same date, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval).

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Thank you so much for your reply.

[star1207 2]

Thank you for your answer to my question and for all the other valuable information, We too wish to wait for CR1, however, my husband is leaving the USA to visit me on 24th of this month, he has paid the 70 AOS Fee, and waiting now for that to post as PAID so he can move to next step. The problem is how can he send them all the requirements in time? If I-130 is fowarded in time to Manila, yes, we will go with CR-1. but if the NVC is lacking information to send it to Manila, what can we do? Just go with the K-3? I am not sure what is my best option for that, as we both want the CR-1. All we can do is pray that the CR-1 is forwarded to Manila.

[YuAndDan 153]

Thank you for your answer to my question and for all the other valuable information, We too wish to wait for CR1, however, my husband is leaving the USA to visit me on 24th of this month, he has paid the 70 AOS Fee, and waiting now for that to post as PAID so he can move to next step. The problem is how can he send them all the requirements in time? If I-130 is fowarded in time to Manila, yes, we will go with CR-1. but if the NVC is lacking information to send it to Manila, what can we do? Just go with the K-3? I am not sure what is my best option for that, as we both want the CR-1. All we can do is pray that the CR-1 is forwarded to Manila.

Start with the shortcuts you should be able to send DS-3032 to NVC, and should be able to send required documents to NVC from PI.

Some simply get K-3 interview rescheduled to allow the CR-1 to catch up.

Start here: http://www.visajourney.com/wiki/index.php/...s%27s_Shortcuts

[YuAndDan 153]

Another OPTION is Electronic processing of documents.

http://travel.state.gov/visa/visa_4410.html

This may save you even more time at NVC for doing the CR-1.