Does Fiances employability matter ?

[Steve64 1]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

[JlovesA 109]

I can't answer the first paragraph but the beneficiary's employability does not make any difference in the handling of the petition or visa application.

[FawkThisSite 13]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

I hope this brightens your day...

For the I-134, which is required at the interview, you are only required to make 100% of poverty level. The 125% doesn't apply until the AOS part of your journey.

[pookaphilus 12]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

Hello....I guess you should already know that you will need to file for a co-sponsorship if your income doesn't meet the poverty guidelines...when it comes to having those bank accounts or any property, etc...my husband(fiance before..lol) didn't have any property nor any bank savings..all he wrote ofcourse on the I-134 is that he is has a stable job and the salary he receives,.. lucky for us coz my husband has a very good job and that he earn above the poverty guideline..so therefore it doesn't matter whether you have properties or not just as long as you meet their requirements...

when it comes to how employable the beneficiary is, I guess it doesn't matter...although during my interview I was asked what was my work, I told them i resigned already and they asked what was it(I'm a teacher..part-time college prof too )...the interviewer commented that I had a good job and why would I still go to US..well ofcourse, I told him that I will go to US becoz my fiance(husband now..lol) is there and that we are gonna get married and start our life together..she followed up another question if I also would like to work in US when I'm there..honestly, I answered yes..I told her that I will work if I will be issued an employment authorization and specially if my husband will need my help( hehehe..I still don't have work until now..still on our AOS process..enjoying life with my hubby..he doesn't mind if I work or not) .. it's a matter of how you prove the genuineness of your relationship..I guess they do ask about that but it really doesn't matter at all...and btw, main reason is to get married & start a family... not to WORK!!! ..God bless...have a good day!!

[Tahoma 2,291]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

I believe the consular officers have the discretion to approve a visa even though the petitioner's income falls just short of 125% of the poverty line. I also believe that the consular officers take into consideration the employability of the beneficiary.

The consular officers are concerned with whether or not the beneficiary will become a public charge when they are in the U.S. They look at the totality of the circumstances.

Build the best financial case that you can, and make sure to include a cosponsor. If I were in your shoes, I would attempt to submit an I-864 from your cosponsor in addition to your cosponsor's I-134.

I hope this brightens your day...

For the I-134, which is required at the interview, you are only required to make 100% of poverty level. The 125% doesn't apply until the AOS part of your journey.

The U.S. Embassy Manila uses the 125% figure.

[Gary and Alla 3,694]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

For the purposes of issuing a VISA, USCIS makes NO determination. That is done by the consulate for a K visa and by the NVC for a CR visa. Both are Department of State. USCIS only gets involved if there is a change of status (AOS) such as for K visas.

The consulates have 100% latitude on what they can accept and there are NO guidelines for the I-134. They must be satified that your fiancee will not be a public charge. The guidelines apply to the I-864 for adjustment of status or NVC purposes. Most, but not all, consulates tend to use those guidelines for the I-134. The state department manual for consulates states that the consulate MAY choose to assume your fiancee can be self supporting. The consulate can decide, they are not bound by ANY regulations.

This means YES they can approve your fiancee if you are $2000 short and they can DENY your fiancee if you make $2000 over the guidelines.

Best is to be prepared by meeting the I-864 guidelines OR have a co-sponsor. DO NOT assume they will approve your fiancee otherwise, you will very likely be disappointed.

[baron555 934]

Does the interview have any flexibility in approving the visa if the petitioner is about $2000 short of the 125% poverty level ? I realize savings accounts, property, co sponsors, ect can have a effect on the decision but is the 125% written in stone?

No flexibility. Get a cosponsor or wait until you make more money.

Also does the USCIS take into consideration how employable the beneficiary is ? (ex nurse,physical therapist or another professionals that may be in demand is the USA)

No, never.

[thelastpetitioner 218]

I hope this brightens your day...

For the I-134, which is required at the interview, you are only required to make 100% of poverty level. The 125% doesn't apply until the AOS part of your journey.

actually only the armed forces can go through the first part of the pricess with 100% of the poverty guidelines.civils have to meet the 125%

[newlyweds2010 208]

I thought that the 125% rule (100% for active members of the armed forces) was strict and didn't leave any discretion whatsoever.

[Gary and Alla 3,694]

I thought that the 125% rule (100% for active members of the armed forces) was strict and didn't leave any discretion whatsoever.

No. That would depend on the consulate. Consualtes have HUGE discretion as to whether or not to issue a visa. Huge. There is virtually NO consistency between one consulate or another in no aspect of visa issuance. It is in no way "strict" either in that they MUST deny or that they MUST issue a visa. State department directions to the consulates require that the consulate determine that the applicant will not become a public charge. They list NO specifics as to how this is to be done. They do specifically state that the applicant's assumed ability to make a living CAN be considered. I say this to make a point of fact ONLY. Not to recommend you try to get a visa approved without meeting the guidelines or having a co-sponsor.

In practice nearly all require that the applicant have a sponsor and that the sponsor demostrates that they can support the applicant with income in excess of the guidelines for the I-864. Consulates rarely, if ever, make "goal lines". They simply will not.

The "100% exception" applies to active duty military members AND persons sponsoring a spouse. Since a fiancee is not a spouse, the 100% rule would not apply for the visa, IF the consulate follows that guideline.

[newlyweds2010 208]

No. That would depend on the consulate. Consualtes have HUGE discretion as to whether or not to issue a visa. Huge. There is virtually NO consistency between one consulate or another in no aspect of visa issuance. It is in no way "strict" either in that they MUST deny or that they MUST issue a visa. State department directions to the consulates require that the consulate determine that the applicant will not become a public charge. They list NO specifics as to how this is to be done. They do specifically state that the applicant's assumed ability to make a living CAN be considered. I say this to make a point of fact ONLY. Not to recommend you try to get a visa approved without meeting the guidelines or having a co-sponsor.

In practice nearly all require that the applicant have a sponsor and that the sponsor demostrates that they can support the applicant with income in excess of the guidelines for the I-864. Consulates rarely, if ever, make "goal lines". They simply will not.

The "100% exception" applies to active duty military members AND persons sponsoring a spouse. Since a fiancee is not a spouse, the 100% rule would not apply for the visa, IF the consulate follows that guideline.

Interesting, I didn't know that. so basically the 125% or 3x assets becomes mandatory only at the AOS stage, correct? And what about those consulates that require the I-864 instead of the I-134 for the visa issuance (I believe Manila is one of them)?

[Gary and Alla 3,694]

Interesting, I didn't know that. so basically the 125% or 3x assets becomes mandatory only at the AOS stage, correct? And what about those consulates that require the I-864 instead of the I-134 for the visa issuance (I believe Manila is one of them)?

No. And yes.

Nothing is mandatory at the consulate level unless the consulate determines it is necessary. And they can determine what is necessary for each individual case if they so choose. Most consulates do not REQUIRE any specific "form" for the affidavit. The I-134 is a convenience form, a preprinted document. That is all. It is a cover letter, or summary, for what you attach to it and has NO legal purpose or binding committment and does not ask for one. The I-864 on the other hand IS a binding contract that the government requires the sponsor to sign to qualify for a green card. Consulates can require if the I-864 if they want to for K visas.

But saying something "is not mandatory" is NOT good news. It does not mean you do not have to do it. It means "even if you do they do not have to issue a visa". What you read here is the combined experience of many VJ members with particular consulates. What they are telling you is that if you meet the guidelines stated for the I-864 there is a whale of a better chance you will get a visa...but no guarantee. If you do not meet those guidelines, there is a very poor chance you will be issued a visa and the reason will NOT be that "you are $2000 short on income" but that you have not "established that your fiancee would not become a public charge" rather than saying something is "not mandatory" it is more accurate to say that consulates are "not bound by any guidelines" many consulate also operate on the premise that even though THEY do not have guidelines, USCIS DOES have guidelines and why issue a visa to someone that will not be able to meet the AOS guidelines a few weeks later? Again, they can do whatever they want...you need to prepare for the worst case.

My suggestion? Use the I-134 (unless the I-864 is required) and attach proof of adequate income/assets (exceeding 125% of I-864 guidelines) OR get a co-sponsor...OR plan to fail.

I am not saying that Baron555 is wrong, for instance. He is probably right...for the Moscow consulate. I also suspect that Baron555 was nowhere near the guideline limit and it was never an issue for him as it was not for me and is not for the vast majority of people. I think the closer you are to being "marginal" the MORE you have to prove and should not be looking for "loopholes" If you make $63,000 per year, it is no issue for you and you need not fill out the I-134 except for your income and signature. If you make $18,300 or $17,900 it IS, and WILL BE, an issue for you. DO NOT try to look for ways that it will not be an issue.

[Anh map 2,098]

I hope this brightens your day...

For the I-134, which is required at the interview, you are only required to make 100% of poverty level. The 125% doesn't apply until the AOS part of your journey.

This is not correct in most consulates when filed in support of a K visa petition.

[Beth & Chard 8]

No. And yes.

Nothing is mandatory at the consulate level unless the consulate determines it is necessary. And they can determine what is necessary for each individual case if they so choose. Most consulates do not REQUIRE any specific "form" for the affidavit. The I-134 is a convenience form, a preprinted document. That is all. It is a cover letter, or summary, for what you attach to it and has NO legal purpose or binding committment and does not ask for one. The I-864 on the other hand IS a binding contract that the government requires the sponsor to sign to qualify for a green card. Consulates can require if the I-864 if they want to for K visas.

But saying something "is not mandatory" is NOT good news. It does not mean you do not have to do it. It means "even if you do they do not have to issue a visa". What you read here is the combined experience of many VJ members with particular consulates. What they are telling you is that if you meet the guidelines stated for the I-864 there is a whale of a better chance you will get a visa...but no guarantee. If you do not meet those guidelines, there is a very poor chance you will be issued a visa and the reason will NOT be that "you are $2000 short on income" but that you have not "established that your fiancee would not become a public charge" rather than saying something is "not mandatory" it is more accurate to say that consulates are "not bound by any guidelines" many consulate also operate on the premise that even though THEY do not have guidelines, USCIS DOES have guidelines and why issue a visa to someone that will not be able to meet the AOS guidelines a few weeks later? Again, they can do whatever they want...you need to prepare for the worst case.

My suggestion? Use the I-134 (unless the I-864 is required) and attach proof of adequate income/assets (exceeding 125% of I-864 guidelines) OR get a co-sponsor...OR plan to fail.

I am not saying that Baron555 is wrong, for instance. He is probably right...for the Moscow consulate. I also suspect that Baron555 was nowhere near the guideline limit and it was never an issue for him as it was not for me and is not for the vast majority of people. I think the closer you are to being "marginal" the MORE you have to prove and should not be looking for "loopholes" If you make $63,000 per year, it is no issue for you and you need not fill out the I-134 except for your income and signature. If you make $18,300 or $17,900 it IS, and WILL BE, an issue for you. DO NOT try to look for ways that it will not be an issue.

Thanks for all the great information. I am to close to the limit, so I am going with a co-sponsor for the K1 visa, I am required to complete a I-134, does my co-sponsor complete an I-134 also, or is there a different form for the co-sponsor?

Thanks again!

[Anh map 2,098]

Thanks for all the great information. I am to close to the limit, so I am going with a co-sponsor for the K1 visa, I am required to complete a I-134, does my co-sponsor complete an I-134 also, or is there a different form for the co-sponsor?

Thanks again!

Do some reading in the Philippine regional forum. You will see that joint sponsors are not always accepted with K visa petitions. You will complete the I-134 regardless of income and supply all supporting documents. A joint sponsor would do the same.