Poverty guidelines requirements

[skiptex 225]

you lawyer is telling you NOT to have your child on your tax form?!

[Kraziechic11 0]

None of you currently meet the requirements. ONE sponsor must meet 125% of the poverty level for the household (including the immigrant). For two people this is about $18,388 and for three people it is $23,163. Even if you didn't claim your niece and let your mother do it you still wouldn't meet the requirement for two people. If your mother dropped the niece and let you claim both she would barely make the requirement for herself and the immigrant.

You will always be the primary sponsor even if your income doesn't meet the requirements. What you need is a joint sponsor who's income in and of itself will meet the income requirements for themselves, any dependents, and the intending immigrant. You can't add joint sponsors income together.

You may use any assets you have, specifically with the house you would need a statement from the bank showing how much equity you have in the house. I don't recall if assets must be 3X or 5X for the I-134.

thank you. Im still a little lost in the house part?

[skiptex 225]

what is the income for 2011

[Kraziechic11 0]

you lawyer is telling you NOT to have your child on your tax form?!

THey are not my kids. they are my brothers kids?

All she said was if i didnt include them for 2011 i would be fine.

kids were just for extra cash. Last year my job closed down.

[skiptex 225]

does the USC have a job right now.. maybe leave everybody else out.. for now!

petitioner and beneficiary.. for K1.. does USC have biological kids?

Edited January 26, 2012 by skiptex

[Kraziechic11 0]

the 100% is for active duty (military) sponsor.. 125% is for everyone else, like you

okay thank you very much for your help!

[J and S 38]

One year of tax returns. One year, unless it's consulate specific.

That is all. Everyone else gave sound advice.

[TinaG 0]

If you are using affadavit of support, form I-134, the poverty guideline you would refer to is 100%. When form I-864 is used, you would refer to the 125% poverty guidelines.

Go to this link:

http://travel.state.gov/visa/immigrants/types/types_2994.html

and scroll down to you get to the section titled--"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?"

[merkin&regine 18]

None of you currently meet the requirements. ONE sponsor must meet 125% of the poverty level for the household (including the immigrant). For two people this is about $18,388 and for three people it is $23,163. Even if you didn't claim your niece and let your mother do it you still wouldn't meet the requirement for two people. If your mother dropped the niece and let you claim both she would barely make the requirement for herself and the immigrant.

You will always be the primary sponsor even if your income doesn't meet the requirements. What you need is a joint sponsor who's income in and of itself will meet the income requirements for themselves, any dependents, and the intending immigrant. You can't add joint sponsors income together.

You may use any assets you have, specifically with the house you would need a statement from the bank showing how much equity you have in the house. I don't recall if assets must be 3X or 5X for the I-134.

As far as I can remember 3x for wife/fiance and minor beneficiary and 5x for others...

[merkin&regine 18]

If you are using affadavit of support, form I-134, the poverty guideline you would refer to is 100%. When form I-864 is used, you would refer to the 125% poverty guidelines.

Go to this link:

http://travel.state.gov/visa/immigrants/types/types_2994.html

and scroll down to you get to the section titled--"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?"

Yes! YOu are right... here's the quoted paragraph..

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

[merkin&regine 18]

the 100% is for active duty (military) sponsor.. 125% is for everyone else, like you

I use to believe this until one of the vjers sent a link here... 100% for I-134 Pls click the link below

http://travel.state.gov/visa/immigrants/types/types_2994.html#9

Here's the transcript:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

To all Vjers, pls. confirm this.

Thanks...

[KayDeeCee 4,891]

I use to believe this until one of the vjers sent a link here... 100% for I-134 Pls click the link below

http://travel.state.gov/visa/immigrants/types/types_2994.html#9

Here's the transcript:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

To all Vjers, pls. confirm this.

Thanks...

The I-134 is not used solely for K-1 visas. For a K-1, most consulates will still require 125% because once in the US and married within the 90 days, you will need to file for AOS. The I-864 you use for adjusting status requires 125%, so that is why they use the I-864 instructions and guidelines for the I-134 in cases of a fiance(e) visa.

[KayDeeCee 4,891]

thank you. Im still a little lost in the house part?

You can only have 1 co-sponsor with the I-134, and their income is not combined with yours. The petitioner fills out an I-134 and the co-sponsor fills out their own separate I-134. The co-sponsor must meet the 125% level for their household size plus the intending immigrant (beneficiary) all on their own.

From the I-864 instructions:

Use of Assets to Supplement Income

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

......

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

[merkin&regine 18]

The I-134 is not used solely for K-1 visas. For a K-1, most consulates will still require 125% because once in the US and married within the 90 days, you will need to file for AOS. The I-864 you use for adjusting status requires 125%, so that is why they use the I-864 instructions and guidelines for the I-134 in cases of a fiance(e) visa.

We all know about the AOS and I-864... What if the petitioner meets the 100% federal poverty line and don't meet the 125% federal poverty line... But has a co sponsor that meet the 125% guideline...

My question is??? Since they said us consulate in Manila is noted to not accept co sponsor for I-134... Would he be denied because of that?

In this case the petitioner would not worry about AOS as he has a co sponsor that meets the 125% poverty line and for sure in I-864 a co sponsor is accepted.

Edited January 27, 2012 by merkin78

[KayDeeCee 4,891]

We all know about the AOS and I-864... What if the petitioner meets the 100% federal poverty line and don't meet the 125% federal poverty line... But has a co sponsor that meet the 125% guideline...

My question is??? Since they said us consulate in Manila is noted to not accept co sponsor for I-134... Would he be denied because of that?

In this case the petitioner would not worry about AOS as he has a co sponsor that meets the 125% poverty line and for sure in I-864 a co sponsor is accepted.

That would be up to the sole discretion of the officer conducting the interview. You could ask in the PI specific forum to see if Manila accepts 100% instead of 125%.