Affidavit of Support I-134 only needs 100%

[Tanya and Barry 59]

Bingo. Everybody knows the official requirements for using the I-134. Burying one's head in the sand is a popular tactic when faced with difficulty these days but don't expect the interviewing consular officer to use it. I'm not saying nobody is going to get a K1 out of Manila without a minimum of 125% being met. I'm sure some do. Here's a couple examples.

1. Petitioner is 23 with no children and six months from graduating from college after spending 5 years working their way through to a degree but only makes 102% of the poverty level.

2. Petitioner is 52 with 4 children and has income of 102% of the poverty level but has never had a job making 125% of the poverty level in their life, trying to bring a fiancee with poor English skills and no work experience to speak of.

Would you expect a Consular officer to treat the two equally? If so, pull your head out of the sand.

As usual, Pushbrk is spot on. The CO has complete discretion in this matter.

Edited February 9, 2012 by Tanya and Barry

[keyshawn18 52]

As usual, someone gets specific information related to a specific embassy shares it and gets buried.Thats the VJ way.

[Kelly C 16]

I'm not insisting on 100%, I'm insisting on what the requirement is... Aren't we here for what the law says? Aren't we here for the facts? well, if you think this will only be for the Philippines, then so be it but i least we have a clear answer on this.

No we are not here for what the "law" is. We are here hoping to gain Knowledge and Wisdom in the pursuit to unite with our Loved Ones. The Process and causes lots of anxious and stressful times. VJ provides a forum for like-minded people to help each-other.

Yes it is a process, yes we like factual basis for decision making. The "Discretion" is IMO a good thing as Pushbrk noted in his 2 scenarios. Under absolutes, both would be approved, with one likely to become a public charge.

It sounds to me like you want the VJ Community to admit that Manila has a 100% of poverty guideline approval code (law). This may be true, but being well-prepared using VJ'ers advice would make for a better outcome.

Arguing the law to the CO?

1) 100% poverty at Consulate Maybe-maybe not

2) 100% poverty for AOS No-way

[Stephen + Elisha 92]

As usual, someone gets specific information related to a specific embassy shares it and gets buried.Thats the VJ way.

Then the poster should have posted it in the Embassy and Consulate Forum and noted in his subject that it applies to Manila, not made an overarching pronouncement about the I-134. A lot of experienced, knowledgeable people have provided copious evidence that the information is not universally applicable.

[Gary and Alla 3,694]

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

Exactly. There actually is no particular requirement for the visa except to satisfy the consulate. You could have 200% of the poverty level and STILL be denied if they do not feel you have stable or steady income. It is entirely within the disgression of the CO that reviews your case and no one else.

125% of the poverty income level WILL be required for the Adjustment of Status just a short time after the arrival of the fiancee so many people suggest this level of income for that reason. You may as well be prepared.

It is very good advice to suggest you have 125% of the poverty level of income for interview. I would be very poor advice to suggest you not be concerned with it if you have only 100%

[dukeandduchess 141]

As usual, someone gets specific information related to a specific embassy shares it and gets buried.Thats the VJ way.

I dunno, I think most people would rather be safe than sorry. I can't imagine quitting my job, giving up my home, moving to the states and then getting denied AOS because "100% is what's required on an I-134".

VJ members play it safe because they want people to be successful, not because they are self-righteous.

[Gary and Alla 3,694]

I'm not insisting on 100%, I'm insisting on what the requirement is... Aren't we here for what the law says? Aren't we here for the facts? well, if you think this will only be for the Philippines, then so be it but i least we have a clear answer on this.

No, actually we have no clear answer as there IS NO clear answer to give.

There is no "law" regarding the affidavit of support at the consulate level. Except the law that makes it entirely up to their disgression.

I can assure you that not EVERY applicant with 100% of the poverty level gets approved at Manilla and I can assure you that many with 100% DO get approved. I would never advise someone to go forward based on being so borderline.

[Gary and Alla 3,694]

As usual, someone gets specific information related to a specific embassy shares it and gets buried.Thats the VJ way.

Thankfully so. The information he gave is incomplete at best, incorrect for many consulates at worst and not good advice for someone in this process in any case. Fortunately in a public forum others can correct the misinformation or misinterpretation so people do not make mistakes based on what they read. Many times people read 3 different opinions and go with the one that is what they want to hear, not what is correct.

[Gary and Alla 3,694]

I self sponsored, so in my case it was 0%

The amount they were looking for was nominal.

SOME consulates allow this, MOST do not but I understand you offer it as an example of their discretion.

Itwould be a terrible dis-service to state to VJ members that the "requirement" is 0%

[Pitaya 2,576]

I dunno, I think most people would rather be safe than sorry. I can't imagine quitting my job, giving up my home, moving to the states and then getting denied AOS because "100% is what's required on an I-134".

VJ members play it safe because they want people to be successful, not because they are self-righteous.

Agree!

[Stephen + Elisha 92]

I self sponsored, so in my case it was 0%

The amount they were looking for was nominal.

SOME consulates allow this, MOST do not but I understand you offer it as an example of their discretion.

Itwould be a terrible dis-service to state to VJ members that the "requirement" is 0%

If anything, the fact that most consulates don't allow self-sponsorship is further evidence that the I-864 guidelines weigh heavily in consular officers' consideration of the 212(a) public charge requirements. 9 FAM 41.81 PN 2 specifically allows for "self-sponsorship," stating that "It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation." But the I-864 requirements state that the intending immigrant's income can only be considered if it will continue from the same source after entry to the United States. Most consulates won't allow self-sponsorship... so which do you think they're going by, the FAM or the I-864 requirements?

Edited February 9, 2012 by Stephen + Elisha

[Joandjo 20]

To everyone,

I want to clear this out as most senior members here in VJ says that Form I-134 need 125% because its fiance's Visa. Well, they are dead wrong adn I have proofs for it.

One of my fiance's friend was just interviewed coupl days ago and was told that I-134 only needs 100% of the Federal Poverty Guideline, I didn't believe it until I got an email response from US Embassy in Manila.

My email Inquiry is the FF:

Hi,

Thank you so much for your response, now that I have researched on I-134, I've encountered 2 different answers on the income requirement of I-134, I have read that, since K1 is a fiance's non immigrant visa, the sponsor needs to have at meet the 125% of the 2011 federal poverty guideline.

But when I went to the travel.state.gov website, it says differently, which states the FF: (This is a word for word copy transcript from the website):

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.

and this is the link of the website:

http://travel.state....pes_2994.html#9

I am very confused though, Is it 100% of the federal poverty guideline? or 125%?

Thank you so much...

Here's the response I just GOT TODAY;

Fiancé(e)s of U.S. citizens (K1) are required to submit a I-134 Affidavit of Support from the petitioner together with a copy of the petitioner's most recent Federal income tax return (Form 1040).

The minimum income requirement for Form I-134 is 100% of poverty guidelines.

If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant's support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

/gcp

I just want everyone who are on a K1 Visa Journey to know this.

Thanks and I hope this helps and close the confusion made by opinions.

Thanks for the post. Goodluck getting a consensus of approval from the group here.

[Ban Hammer 12,842]

given the subject within the thread, i'm moving this to the pi regional so other k-1s are not confused.

[Boiler 43,453]

SOME consulates allow this, MOST do not but I understand you offer it as an example of their discretion.

Itwould be a terrible dis-service to state to VJ members that the "requirement" is 0%

If was posting on the UK forum I would have left out in my case

It all depends.

[southcalhog 43]

The I-134 is like previous Posters have said, Non-Binding. However it is my Belief that the CO is looking BEYOND the I-134 and when He/She has to AOS. it may be 100% for the I-134 But I bet a Dollar to a Doughnut He/She is looking for the 125% poverty level of the I-864 when Adjudicating your case at the Interview.Why would a CO approve a Visa based on 100% Poverty level, and when the person get here, you cant AOS on the I-864?????