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I-134 Questions

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For the I-134, do we have to meet 100% of the federal poverty guidelines before or after taxes are deducted from the pay check?

Also as I am transitioning from being a student to working, I do not have past IRS forms that I can use that would meet the federal poverty guidelines. Will recent pay stubs be sufficient?


9/9/10: I-129F Sent

9/15/10: Received NOA1 via text/email from USCIS

9/16/10: Received NOA1 in mail (dated 9/13/10)

9/20/10: Touched!

10/03/10: Touched to the dusty shelves!

2/28/11: NOA2 finally

3/04/11: Arrived at NVC

3/08/11: Left NVC and arrived at CDJ consulate

4/04/11: Packet 3 sent

4/13/11: Packet 3 received!

4/18/11: Medical Exam

4/19/11: ASC

4/20/11: Interview (Approved!)

4/29/11: K-1 Visa in hand!!!!!!!!!!!!!

4/30/11: Entered USA

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Moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.


YMMV

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Hello, no one has replied to your post yet so I thought I would give my opinion. I'm in a similar position as far as past IRS forms that don't meet the poverty line, but I think the most important thing is your current income and whether your above the line now. Try and give pay stubs over a span of time, if you can, to show it's consistent.

Also, I'm 99% sure they mean before deductions. I haven't submitted my I-134 yet but any time I've been asked for my annual income (for financial aid, loans, etc) it was the gross annual income, before tax, that was used.

Good luck!


I-129F package sent: Jul 7th 2010

Package received at CSC: Jul 9th 2010

NOA1: Jul 16th 2010

NOA2: Nov 30th 2010

Packet 4 letter received: Dec 27th 2010

Medical done: Jan 3rd 2011

Interview: Jan 24th 2011 - APPROVED!!

Passport with K-1 visa received: Jan 29th 2011

POE: Feb 2nd 2011 in Houston, TX - cleared without problems :-)

Married!: May 2nd 2011

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I am also not clear about the I-134 and the I-864 poverty guideline levels. I know that the I-134 is at 100% and the I-864 is at 125% but some people are saying that some consulates can choose to evaluate the I-134 at the level of the I-864, which is 125%. My income is between 100% and 125% but I do have assets that can make up for the difference if needed. I guess I am kind of borderline, so would it be better to get a joint-sponsor as well or should I be okay?


9/9/10: I-129F Sent

9/15/10: Received NOA1 via text/email from USCIS

9/16/10: Received NOA1 in mail (dated 9/13/10)

9/20/10: Touched!

10/03/10: Touched to the dusty shelves!

2/28/11: NOA2 finally

3/04/11: Arrived at NVC

3/08/11: Left NVC and arrived at CDJ consulate

4/04/11: Packet 3 sent

4/13/11: Packet 3 received!

4/18/11: Medical Exam

4/19/11: ASC

4/20/11: Interview (Approved!)

4/29/11: K-1 Visa in hand!!!!!!!!!!!!!

4/30/11: Entered USA

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I am also not clear about the I-134 and the I-864 poverty guideline levels. I know that the I-134 is at 100% and the I-864 is at 125% but some people are saying that some consulates can choose to evaluate the I-134 at the level of the I-864, which is 125%. My income is between 100% and 125% but I do have assets that can make up for the difference if needed. I guess I am kind of borderline, so would it be better to get a joint-sponsor as well or should I be okay?

consulates can do what they want that is why it is different... if you want you can have something (co sponsor)in your back pocket and only use it if it is needed....


YMMV

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The I-134 requires 125% of the poverty line threshold unless the USC is on active military duty and is applying for an alien spouse or child. Normally if you are applying for a K-1 visa, you need the I-134 so that case will not occur.

The amount of income to use for this calculation is total pre-tax income which is the equyivalent of line 22 of the 1040 tax form.

Yes, the Consular Officier is given wide latitude to make the decision. It is his responsibility to ensure that the alien fiance(e) will not likely become a public charge of the US. In that regard the Secretary of State has issued memorandums to Embassies informing them that they do not need to accept the 125% alone if they believe the alien is at the risk.

If you want to document your employment history, you can provide tax forms or tax transcripts even though they do not meet the 125% of the poverty threshold.

Good luck.


Naturalization N-400

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The I-134 requires 125% of the poverty line threshold unless the USC is on active military duty and is applying for an alien spouse or child. Normally if you are applying for a K-1 visa, you need the I-134 so that case will not occur.

The amount of income to use for this calculation is total pre-tax income which is the equyivalent of line 22 of the 1040 tax form.

Yes, the Consular Officier is given wide latitude to make the decision. It is his responsibility to ensure that the alien fiance(e) will not likely become a public charge of the US. In that regard the Secretary of State has issued memorandums to Embassies informing them that they do not need to accept the 125% alone if they believe the alien is at the risk.

If you want to document your employment history, you can provide tax forms or tax transcripts even though they do not meet the 125% of the poverty threshold.

Good luck.

Actually according to: http://travel.state.gov/visa/immigrants/types/types_2994.html#Income the poverty guideline for the I-134 is 100%.

See where it says:

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.


9/9/10: I-129F Sent

9/15/10: Received NOA1 via text/email from USCIS

9/16/10: Received NOA1 in mail (dated 9/13/10)

9/20/10: Touched!

10/03/10: Touched to the dusty shelves!

2/28/11: NOA2 finally

3/04/11: Arrived at NVC

3/08/11: Left NVC and arrived at CDJ consulate

4/04/11: Packet 3 sent

4/13/11: Packet 3 received!

4/18/11: Medical Exam

4/19/11: ASC

4/20/11: Interview (Approved!)

4/29/11: K-1 Visa in hand!!!!!!!!!!!!!

4/30/11: Entered USA

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Actually according to: http://travel.state.gov/visa/immigrants/types/types_2994.html#Income the poverty guideline for the I-134 is 100%.

See where it says:

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.

Yes, I am very familiar with the FAQs thank you. The K-1 visa is NOT an immigrant visa. The K-1 is a non-immigrant visa. You are still expected to meet the 125% of threshold level unless the active military duty applies.


Naturalization N-400

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Yes, I am very familiar with the FAQs thank you. The K-1 visa is NOT an immigrant visa. The K-1 is a non-immigrant visa. You are still expected to meet the 125% of threshold level unless the active military duty applies.

This is still confusing to me because I have seen several sources on this forum and in other forums where people quote this clause to mean everyone who is applying using the I-134 needs to meet at least 100%. Then they say once you do the I-864 that changes to 125%. Then again I have seen people say that its up to the US consulate to decide what guidelines they want to use and that 125% is always safer since that is what you will have to prove with the I-864.

In my case I am between 100% and 125%. I could use assets to meet the requirement. In addition one can have a family member file an I-134 as well to act as a co-sponsor correct?

Thanks for the help.


9/9/10: I-129F Sent

9/15/10: Received NOA1 via text/email from USCIS

9/16/10: Received NOA1 in mail (dated 9/13/10)

9/20/10: Touched!

10/03/10: Touched to the dusty shelves!

2/28/11: NOA2 finally

3/04/11: Arrived at NVC

3/08/11: Left NVC and arrived at CDJ consulate

4/04/11: Packet 3 sent

4/13/11: Packet 3 received!

4/18/11: Medical Exam

4/19/11: ASC

4/20/11: Interview (Approved!)

4/29/11: K-1 Visa in hand!!!!!!!!!!!!!

4/30/11: Entered USA

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