125% of Poverty Guidelines....

[Simon and Janet 6]

I'm a little hazy on something regarding the poverty guidelines for the K-1.

I've been researching this a bit and have a question about when exactly the 125% ($18,212 for 2 people) comes into play.

reading here: U.S Department of State website It states:

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.

So if a petitioner is under the 125% required at the time of the consulate interview, but will be above that number when the AOS, how does that come into play?

Is it likely the consulate would deny the petition at the interview if the petitioner is slightly under the 125%? The I-134 doesn't exactly specify that you need to have a certain amount of money. It just asks for details of the sponsor and their promise to make sure you don't become a public charge.

So is the I-134 only relevant for that period before AOS? If so, then the petitioner only needs to show that they earn AT the poverty guideline rather than above, correct?

It seems the I-864 is the major form regarding the financial situation and the I-134 just the pinky swear....

I'm just a little confused on this.

[payxibka 10,045]

K-1 uses the I-134

AOS uses the I-864

If you meet the consulates requirement at the time of interview then you should be fine..

If you meet the USCIS requirement at the time of AOS then you should be fine

[Anh map 2,098]

Check with the consulate. Many go by the 125% I-864 requirements, others will follow the 100% I-134 mark. At AOS the sponsor will need to meet the 125% figure.

Ask some others coming through Oz for what's expected.

[sjr09 155]

K-1 uses the I-134

AOS uses the I-864

If you meet the consulates requirement at the time of interview then you should be fine..

If you meet the USCIS requirement at the time of AOS then you should be fine

Keep in mind, the poverty guidelines go up every year.

[Simon and Janet 6]

Check with the consulate. Many go by the 125% I-864 requirements, others will follow the 100% I-134 mark. At AOS the sponsor will need to meet the 125% figure.

Ask some others coming through Oz for what's expected.

Thanks.

I emailed the Sydney Consulate and they responded:

Dear Sir:

Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines.

The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General, Sydney (RST).

[JIJourney 96]

If my 2013 taxes were below the 125%, but my Employer letter says my current income is above 125% should we be okay?

[CowBoE 429]

Either way, sounds like you'll be hit with 125% guideline,

either now or later in AOS.

So also think about another way to boost this like...

1) by finding a co-sponsor

2) using assets (savings, stocks, real estate, etc.)

3) getting another part time job

Best wishes

[JIJourney 96]

Either way, sounds like you'll be hit with 125% guideline,

either now or later in AOS.

So also think about another way to boost this like...

1) by finding a co-sponsor

2) using assets (savings, stocks, real estate, etc.)

3) getting another part time job

Best wishes

Also Military.