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Tunaa

Income question

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Hi all!

I am ready for my interview, I am schedules for August 28th. So excited, and at the same time nervous! My future will lie in the hands of this person who I don't know, and who does not know my situation yet, who will decide if I can be with my love or not.

I have already asked a LOT of questions here, and here comes another:

When it comes to the affidavit, this is what my embassy has asked for:

We need the original I-134. Affidavit of Support from your fiancé with employment letter and tax return

I already have all his papers, from the I-134, tax returns from 2009, pay stubs 3 months in 2010, emplyment letter, letter from his bank etc.

Initially we thought we would need a co.sponsor, since we though the requirement was 125% above the poverty line.

We have learned that it is 100% however, and in that case, he SHOULD have earned sufficient.

He earned just above in 2009, very close but above, and in 2010 he is earning way above the poverty line (he has almost made enough for the whole year already).

My question is, should we get a co-sponsor or not? I am concerned about the time here, since I already have my interview scheduled, and he doesn't have his parents papers yet which will take some time to gether, and also shipping so very expensive (80dollars fast shipping?!)

Say I go to my interview and we are denied because of lack of sufficient income.

Will I be able to send in moer papers after, and still get it approved?

Will I need to schedule a new interview? And will I then have to pay the amount twice for the visa?

Or would I have to start the whole visa process over?


129f sent May 29th 2010

NOA1 date June 2nd 2010

NOA2 date June 24th 2010 (!!!)

NVC June 29th 2010

Embassy July 1st 2010

Packet 3 July 3rd 2010

Packet 3 returned and interview scheduled July 7th 2010

Medical July 12th 2010

Interview July 28th 2010 - APPROVED

Moved August 7th

Married October 23rd

-

AOS + EAD + AP sent 24th of February

EAD + AP approved April 21st, card received May 5th

AOS approved May 2nd, card received May 7th

NO INTERVIEW!

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Anyone?

I really just need to know what happens if at my interview they decide the income isn't sufficient.

Do I just send papers in?

New interview?

Start case all over?


129f sent May 29th 2010

NOA1 date June 2nd 2010

NOA2 date June 24th 2010 (!!!)

NVC June 29th 2010

Embassy July 1st 2010

Packet 3 July 3rd 2010

Packet 3 returned and interview scheduled July 7th 2010

Medical July 12th 2010

Interview July 28th 2010 - APPROVED

Moved August 7th

Married October 23rd

-

AOS + EAD + AP sent 24th of February

EAD + AP approved April 21st, card received May 5th

AOS approved May 2nd, card received May 7th

NO INTERVIEW!

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If you're reading the information on the travel.state.gov website that says you only need 100% of the poverty guidelines for the I-134 then you should ignore it. It's wrong. Most consulates will require 125% for the I-134, the same as USCIS and NVC do for the I-864. Some consulates may use the 100% threshold for some times of non-immigrant visas, but they don't use that threshold for a K1 because a K1 will eventually become an immigrant. This makes sense, when you think about it. Why would they allow someone to get a visa to come to the US as an intending immigrant knowing that their sponsor won't qualify when it comes time to file for adjustment of status?

The consulates are primarily concerned with current income. If the CO is convinced that his income is sufficient to meet the guidelines now, and there is good reason to believe that his income will continue to be above the threshold for the foreseeable future, then they'll probably accept him as sole sponsor. If the CO isn't convinced, then they'll probably give you a 221(g) slip and ask you to come back with a co-sponsor. You can avoid this by having a co-sponsor's affidavit and financial evidence with you when you go to the interview, and submit it along with your fiance's affidavit.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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