Below Poverty Line

[Sevenuz 0]

My fiance and I are currently working on our papers, we opted for K1 since we have seen it is faster than the rest. But one thing that worries me ( from what I have researched so far ) is that USCIS requires the petitioner have an annual income that is 125% above the poverty line. Which my fiance by the way is from WV, he currently lives with his parents because he is taking care of them ( his dad was on a mining accident, he is currently on disability pension and mom is diabetic - half blind ). What he normally does for a living is repairing computers and doing... stuff like that ( not full time ).

I have read that you can have someone co-sponsor you, I was thinking maybe his dad, but I am not sure if they'll accept that. I feel really frustrated right now, I dont know what to do and how we'll word around this. Any advice would be greatly appreciated.

[sjr09 155]

USEM Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge.

Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises.

With that said it is the totality of circumstances in assessing the credibility of joint sponsorships. With the circumstance you described of your fiancée income if it is in fact below poverty guidelines and no assets (if none) and no way to increase his income (if none) the outcome of a successful K-1 petition is not in your favor

Edited July 2, 2012 by sjr09

[Tahoma 2,292]

His current sustained income needs to exceed 125% of the poverty level for his household size. He can also use his liquid assets at a 3:1 ratio to offset the income requirement.

Warning: the U.S. Embassy Manila does not always accept joint sponsors for K-1'ers.

[Sevenuz 0]

Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises.

With that said it is the totality of circumstances in assessing the credibility of joint sponsorships. With the circumstance you described of your fiancée income if it is in fact below poverty guidelines and no assets (if none) and no way to increase his income (if none) the outcome of a successful K-1 petition is not in your favor

I have read that they only require this ( evidence of support ) during the interview, i was wondering what is the difference between I-134 and I-864, or in our case which do you think is more favorable to use.

[Caryh 5,206]

I have read that they only require this ( evidence of support ) during the interview, i was wondering what is the difference between I-134 and I-864, or in our case which do you think is more favorable to use.

The I-134 is required from the petitioner. The I-134 is not an enforceable document. The I-864 is enforceable and will be required when you adjust the immigrant's status. The co-sponsor will also need to be on board during that step. I've heard of people bringing both the I-684 and I-134 from the co-sponsor when an original I-134 was deemed not adequate. There is a big difference between the K-1 and CR-1 visas in regards to the co-sponsors. The embassy is not required to accept a co-sponsor on the K-1, it is at their discretion. No one can say your co-sponsor will definitely get you a K-1 approval. You might or might not be allowed to use one. Many have in Manila, and many have been rejected. But they must accept the co-sponsor when dealing with a CR-1 visa. This should definitely be something to consider when you're deciding which visa will be faster. If you fail at the K-1, you could be starting from scratch with a CR-1 later, after he can fly there and get married.

Edited July 2, 2012 by Caryh

[Mogambi 96]

You don't have a choice which one to use, the I-34 is what they will demand to see at the Interview. The I-864 is the one you would use later during Adjustment of Status.

The only thing you can do is to try a co-sponsor. A parent is often the best bet I would think. But it's true, the Manila embassy doesn't always accept them.

[sjr09 155]

OP has he filed U.S tax returns for the past 3 years?

[Hank_ 9,174]

If you are going to try getting Manila to accept a co-sponsor with a K-1 is have both Petitioner and co-sponsor complete the I-134 AND I-864 . The other option is for you both to get married and go with the IR/CR-1 visa as the embassy has to accept a co-sponsor then.

[Sevenuz 0]

thank you so much for all of your inputs, if we go for CR1, would the chances of getting rejected smaller than if we would go for k1?

[Sevenuz 0]

OP has he filed U.S tax returns for the past 3 years?

I believe not, but I am not 100% sure about that. He does odd jobs here and there that I know of.

[reginakrys 33]

thank you so much for all of your inputs, if we go for CR1, would the chances of getting rejected smaller than if we would go for k1?

If sponsorship is your only issue, then I would say yes, chances of approval with a CR-1 would be definitely higher. With the K-1, there's a chance your co-sponsor won't be accepted, but with the CR-1, joint sponsors are sure to be accepted.

[sjr09 155]

thank you so much for all of your inputs, if we go for CR1, would the chances of getting rejected smaller than if we would go for k1?

I believe not, but I am not 100% sure about that. He does odd jobs here and there that I know of.

"The chances of getting rejected smaller than if we would go for k1" hard to say, your lacking a lot of relevant information Keep in mind getting married and filing CR-1 could be a double edge sword. It is the totality of any petition, not just one part of the petition.

Edited July 3, 2012 by sjr09

[YourHumboldtBud 2]

I had similar concerns about my inability to reach 125% due to myself being currently unemployed. So I called USCIS during their operating hours on June 26, 2012 to see if I could get some clarification on the subject on what could be done about situation regarding cosponsors specifically regarding the US Embassy in MANILA. From what I was told by the representative, when your fiance(e) gets to the interview that they would only be required to show either a I-134(Not needing a cosponsor) OR I-864(Petitioner Only) WITH an I-864A(for each household member who would be willing to utilize their income to reach 125% Poverty Line), which would be the document to use if needing a cosponsor. The I-864 with I-864A(s) is legally binding where the I-134 is NOT. But this method can ONLY be used when the Sponsor and Cosponsor live under the SAME ROOF and are RELATED. Friends, coworkers, employers are less likely to be accepted.

I also inquired about whether having food stamps would affect the outcome, and I was told that the need for food stamps tends to help the situation showing additional need as to why cosponsorship would be needed.

Take what information you want from this post, but that is what I obtained when calling the USCIS directly. I double even triple checked to make sure I would only need ONE and NOT BOTH the I-134 and I-864+I-864A, and he said was completely sure of the information provided. I documented the time and date of the call, and wrote down his Employee#, just in case you may want to call and ask for yourself. Hope this Helps...

DJ

[Sevenuz 0]

I had similar concerns about my inability to reach 125% due to myself being currently unemployed. So I called USCIS during their operating hours on June 26, 2012 to see if I could get some clarification on the subject on what could be done about situation regarding cosponsors specifically regarding the US Embassy in MANILA. From what I was told by the representative, when your fiance(e) gets to the interview that they would only be required to show either a I-134(Not needing a cosponsor) OR I-864(Petitioner Only) WITH an I-864A(for each household member who would be willing to utilize their income to reach 125% Poverty Line), which would be the document to use if needing a cosponsor. The I-864 with I-864A(s) is legally binding where the I-134 is NOT. But this method can ONLY be used when the Sponsor and Cosponsor live under the SAME ROOF and are RELATED. Friends, coworkers, employers are less likely to be accepted.

I also inquired about whether having food stamps would affect the outcome, and I was told that the need for food stamps tends to help the situation showing additional need as to why cosponsorship would be needed.

Take what information you want from this post, but that is what I obtained when calling the USCIS directly. I double even triple checked to make sure I would only need ONE and NOT BOTH the I-134 and I-864+I-864A, and he said was completely sure of the information provided. I documented the time and date of the call, and wrote down his Employee#, just in case you may want to call and ask for yourself. Hope this Helps...

DJ

Are you still working on your papers or you have your fiancee's visa approved already? I hope everything turns out great.

[DaRoq 36]

Hay naku... my paternal instincts are in overdrive, but I'll keep the commentary to a minimum. I sincerely hope you have a plan for beyond the K-1 process, because life will be interesting if you don't.

As others have mentioned, IR-1/CR-1 could be a good option if you're old enough to marry and have your parents' consent (or don't need it). I've been considering that route due to its seemingly inherent benefits, not to mention that having family & friends present is important to [some] women when getting married. I realized this after my GF was a Bridesmaid recently.

Good Luck