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Is 100% enough for I-134

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Filed: Timeline

I am applying for a K1 visa but my fiance's father who is going to sponsor me is only just above the 100% Poverty Guideline level. His wife can co-sponsor but there is no mechanism for putting their incomes together as far as I can see. I am worried that because he cannot reach the 125% required for change of status once I am married that this may be an issue at my interview. Do I need to be concerned or is 100% enough. By the way the 100% comes from the travel.state.gov website-see below

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.

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I am applying for a K1 visa but my fiance's father who is going to sponsor me is only just above the 100% Poverty Guideline level. His wife can co-sponsor but there is no mechanism for putting their incomes together as far as I can see. I am worried that because he cannot reach the 125% required for change of status once I am married that this may be an issue at my interview. Do I need to be concerned or is 100% enough. By the way the 100% comes from the travel.state.gov website-see below

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.

It's 125% unless they are military employed.

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Filed: AOS (pnd) Country: Colombia
Timeline

Most consulates will use the 125% guidelines because, although the K-1 visa is a non-immigrant visa, there is immigrant intent and they know the intending immigrant will be filing I-864 which requires 125%. You have to understand that the I-134 form is used for other non-immigrant visas as well, which will not have immigrant intent and in THOSE cases they will require only 100%, but not for a K-1 visa.

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Your Fiance's father is not sponsoring you because he is not the petitioner therefore he is considered the co-sponsor. Not sure if you can have 2 co-sponsors which would be father (co-sponsor 1) and mother (co-sponsor 2). I know you can combine the income of the sponsor and co-sponsor if they are living in the same household, related, or claimed sponsor on tax returns to obtain the 125% requirements.


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the 125% income of poverty level is going to be an issue for you. Either you, the petitioner or your co-sponsor must meet this requirement. The USCIS is following a "very structured" process.

Best of luck!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Welcome to the forum.

Meeting the 100% requirement of the Form I-134 may get you into the K-1 visa "door" (application approval). However, you won't go very far. :no: You will have to meet or exceed the 125% requirement of the Form I-864 once you start the AOS process. That is why, as other posters have mentioned, that most interviewing embassies/consulate utilize the 125% poverty level figure.

Good luck on your visa journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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