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Filed: Timeline
Posted

I believe the following to be the definitive guide to the applicable poverty levels.

http://www.uscis.gov/files/form/i-864p.pdf

I would also suggest sticking to the uscis.gov and travel.state.gov websites and links provided on those sites for reliable and up to date information as I would not fully trust information gleaned from non official web sites. Just my thoughts.

Peter Wills

Filed: AOS (pnd) Country: Philippines
Timeline
Posted (edited)

I think poverty level should be changed and lowered just tad because the economy isn't going up fast and people have a way making a living when a love one is involved. I think it would sure help a lot of great couples trying to be together and approved not only on here but elsewhere? just my thought.

Edited by Pinoylover

Even though we are far from each other right now I know you are close to me in other ways,you are always here in my heart. You give me reason to look forward to each day,You are my life and a dream come true.there are no words to express how i feel for you.You are the light in my darkness.There could never be words strong enough to express my love for you but I'm going to show it to you everyday as long as i live.I love you with my body,soul and mind.I love you very much baby.Mwaaaaaaaaah!

Your Wife to be,

Aijeen

Filed: Other Country: Philippines
Timeline
Posted

If your fiancee has cash or an income like a pension, you may get through 134 at 100% :no: , as in later 864 stage your combined income could then be 125%. If your fiancee has nothing to bring to the table, better to have 125% at i134, or you will likely be considered a potential public charge. Can you get co-sponsor?

I have read of ZERO embassies allowing 100%. Even suggesting it is bad advice.

I think poverty level should be changed and lowered just tad because the economy isn't going up fast and people have a way making a living when a love one is involved. I think it would sure help a lot of great couples trying to be together and approved not only on here but elsewhere? just my thought.

Well it did change but not in that direction. :blush:

http://www.uscis.gov/files/form/i-864p.pdf

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

I have read of ZERO embassies allowing 100%. Even suggesting it is bad advice.

Well it did change but not in that direction. :blush:

http://www.uscis.gov...form/i-864p.pdf

Suggesting a Fiancee pension or cash would not be considered is bad advice, and simply not true per USCIS instructions (as clearly states fiancee may post bond or other). This earlier poster from another thread, a Brazil woman, her income (pension) was enough to meet guidelines alone. The Fiancee is allowed to participate in financial support, either in income (pension, investment), or cash. Please tell me which case you know of where fiancee offered income or cash and was denied, and how much did they offer? Thank you.

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

I think poverty level should be changed and lowered just tad because the economy isn't going up fast and people have a way making a living when a love one is involved. I think it would sure help a lot of great couples trying to be together and approved not only on here but elsewhere? just my thought.

Then they might get approved here.... but not elseware ie ... food stamps.

Filed: Other Country: Philippines
Timeline
Posted

Suggesting a Fiancee pension or cash would not be considered is bad advice, and simply not true per USCIS instructions (as clearly states fiancee may post bond or other). This earlier poster from another thread, a Brazil woman, her income (pension) was enough to meet guidelines alone. The Fiancee is allowed to participate in financial support, either in income (pension, investment), or cash. Please tell me which case you know of where fiancee offered income or cash and was denied, and how much did they offer? Thank you.

Give it a rest, you are becoming a nagging headache.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

Suggesting a Fiancee pension or cash would not be considered is bad advice, and simply not true per USCIS instructions (as clearly states fiancee may post bond or other). This earlier poster from another thread, a Brazil woman, her income (pension) was enough to meet guidelines alone. The Fiancee is allowed to participate in financial support, either in income (pension, investment), or cash.

Very True ! :thumbs: :thumbs: :thumbs:

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

If your fiancee has cash or an income like a pension, you may get through 134 at 100%, as in later 864 stage your combined income could then be 125%. If your fiancee has nothing to bring to the table, better to have 125% at i134, or you will likely be considered a potential public charge. Can you get co-sponsor?

http://www.visajourn...vit-of-support/

Yes, from this thread. Also applicable at 134 stage via bond or other..

Using that example still does not show someone can get through with just 100% of the poverty level. She stated her pension was over the 125% level and asked the consulate if she could use her income because it was above the needed 125% level, as it will continue the rest of her life even when she is in the US. She posted the instructions for the I-864 that state the intending immigrant's income can be counted if it will continue. The instructions and guidelines for the I-864, including the requirement of 125% of the poverty level, are what the consulates go by. Not the I-134 instructions, as has been noted in previous threads about the poverty level requirements.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Ukraine
Timeline
Posted (edited)

Using that example still does not show someone can get through with just 100% of the poverty level. She stated her pension was over the 125% level and asked the consulate if she could use her income because it was above the needed 125% level, as it will continue the rest of her life even when she is in the US. She posted the instructions for the I-864 that state the intending immigrant's income can be counted if it will continue. The instructions and guidelines for the I-864, including the requirement of 125% of the poverty level, are what the consulates go by. Not the I-134 instructions, as has been noted in previous threads about the poverty level requirements.

Third paragraph of I134 instructions... If beneficiary is otherwise admissible (except public charge)... they may post bond or other. They could get through if petitioner were 0%, and foreign alien could show means of support.

The 100% can go through like this... Petitioner is 100%, Alien posts bond or other at interview. Combined after marriage their assets are 125% or above... 864 no problem... to get through at 100%, you should look to combined income to meet 864 at 125%... if you have no plan for this, good luck as consulate would look forward and want to know how this would be accomplished.

Yes, she stated 125%, but she was not petitioner. If her statements are true, she could get through with petitioner having 0% at i-134 filing, much less than required 100. The beneficiary would be supporting them...

Edited by Thomas70
Filed: K-1 Visa Country: Ukraine
Timeline
Posted

Third paragraph of I134 instructions... If beneficiary is otherwise admissible (except public charge)... they may post bond or other. They could get through if petitioner were 0%, and foreign alien could show means of support.

The 100% can go through like this... Petitioner is 100%, Alien posts bond or other at interview. Combined after marriage their assets are 125% or above... 864 no problem... to get through at 100%, you should look to combined income to meet 864 at 125%... if you have no plan for this, good luck as consulate would look forward and want to know how this would be accomplished.

Yes, she stated 125%, but she was not petitioner. If her statements are true, she could get through with petitioner having 0% at i-134 filing, much less than required 100. The beneficiary would be supporting them...

On another note, even with co-sponsor... there is no guarantee if you get co-sponsor for 134, that you will also get co-sponsor for 864... They are separate documents with separate rules and requirements. A sponsor for 134 may expect the foreign alien to get a job to bring the marriage up to 125% and not be willing to sponsor 864. An 864 sponsorship is very risky... it does not end at divorce, you could be supporting them for life. An 864 sponsorship only ends when the foreign alien earns 40 credits to social security (working for 10 years), or they become us citizen... neither of which they are required to do. Sign that 864, get that divorce, and still pay the support.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Third paragraph of I134 instructions... If beneficiary is otherwise admissible (except public charge)... they may post bond or other. They could get through if petitioner were 0%, and foreign alien could show means of support.

The 100% can go through like this... Petitioner is 100%, Alien posts bond or other at interview. Combined after marriage their assets are 125% or above... 864 no problem... to get through at 100%, you should look to combined income to meet 864 at 125%... if you have no plan for this, good luck as consulate would look forward and want to know how this would be accomplished.

Yes, she stated 125%, but she was not petitioner. If her statements are true, she could get through with petitioner having 0% at i-134 filing, much less than required 100. The beneficiary would be supporting them...

Yes, if a beneficiary is in that type of situation and had the 125% or better that would continue even when moving to the US and getting married, then technically the petitioner could make 0% and they could still get by with the income of the beneficiary. This is not a new revelation. It states this can be allowed in the I-864 instructions. However, this is certainly not the norm and no one is going to advise people not worry about financials cause they can have 0% of the poverty level to bring their loved one here on a K-1.

So, what is your point with all this all the time? It is STILL 125% of the poverty level that is needed, whether at the I-134 or I-864 stage. Now that we have gone around in circles several times, always leading to the same place, I am done with this.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Timeline
Posted

Yes, if a beneficiary is in that type of situation and had the 125% or better that would continue even when moving to the US and getting married, then technically the petitioner could make 0% and they could still get by with the income of the beneficiary. This is not a new revelation. It states this can be allowed in the I-864 instructions. However, this is certainly not the norm and no one is going to advise people not worry about financials cause they can have 0% of the poverty level to bring their loved one here on a K-1.

So, what is your point with all this all the time? It is STILL 125% of the poverty level that is needed, whether at the I-134 or I-864 stage. Now that we have gone around in circles several times, always leading to the same place, I am done with this.

No wonder people are confused by all of this when people here categorically state "facts" that are directly in conflict with what the official web site, travel.state.gov, specifically http://travel.state.gov/visa/immigrants/types/types_2994.html#9, says and I quote from this source:-

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.

How then does a novice visa applicant, myself included although I am learning fast, filter fact from fiction?

Peter Wills

 
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