AOS and sponsorship question

[BKelly 1]

Hi, We have a K1 in the works , interview date, will find out later today what date that will be as the notice is sitting at his house just came today! Ill catch up on my timeline stuff later today.. Sense its a K1 visa I am able to sponsor him at 100% of the poverty income guidelines without a problem. But the issue I just noticed is when we file for the AOS and needing to be 125% over the 2013 poverty income I am short by 1,000$ about . What would be the best way to do this? Get a co sponsor ? The only person I can think of would be my dad , he just recently sponsored his wife , he makes well over the 2013 , 125% . If he cosponsors how does that work ? I have went through so much info on this and looked everywhere if someone can either point me in the right direction of the info , that would be awesome! Or just tell me the best method for this. Thanks!

[Inky 1,110]

Generally you have to prove 125% at the K-1 interview because of the very fact you have to prove 125% right after your married and file for AOS. It is to stop people from entering and becoming public charge because they cant afford to AOS.

If your father intends to co-sponsor you will have to find out if he meets the guidelines with his house hold, including the immigrant. He would fill out another affidavit of support include the proof of income and US citizenship etc. Then you would put it in with your package.

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

[BKelly 1]

Generally you have to prove 125% at the K-1 interview because of the very fact you have to prove 125% right after your married and file for AOS. It is to stop people from entering and becoming public charge because they cant afford to AOS.

If your father intends to co-sponsor you will have to find out if he meets the guidelines with his house hold, including the immigrant. He would fill out another affidavit of support include the proof of income and US citizenship etc. Then you would put it in with your package.

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

Im confused , when you look up the K1 requremnts at travel state .gov it states this about the K-1 ,

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.

So what now ? Will they look at the 100% or the 125% with the interview date coming up does my I-134 stand or do I need to send along the I-864? With the cosponsorship If I have the extra 1k in my bank account can I use this when filing the I-864? Thanks!

[BKelly 1]

Also I never filled out form I-864 wont do that until AOS after we get married ... Filled out form I-134 , so will we be ok until AOS? I more then qualify over the 100% as stated through the travel state.gov sight, but want to double check , at any rate looks like he will have to have a Co sponsor at the time of AOS . Interview date for K1 visa will be May 9th , so if this is not the case I need to jump on this asap or he will get turned down.

[Nich-Nick 3,353]

Im confused , when you look up the K1 requremnts at travel state .gov it states this about the K-1 , 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.

So what now ? Will they look at the 100% or the 125% with the interview date coming up does my I-134 stand or do I need to send along the I-864? With the cosponsorship If I have the extra 1k in my bank account can I use this when filing the I-864? Thanks!

You are posting in the AOS FORUM, but right now your interview is for a K1 visa, not Adjustment of Status according to your timeline. So the form for your interview is I-134. London should be fine with the 100%.

BUT when you get to the US, marry, and apply for Adjustment of status in the near future, you will have started a new process with new rules. The Affidavit of Support will be the I-864. It has stricter requirements, namely the 125%. If you are $1000 short you can make up for it with $3000 shown in savings perhaps. You can combine what savings might be coming from the UK. if you sill fall short, Dad can fill out an I-864 too. He will have a higher income requirement because his household is bigger:

Dad + Dad's wife + Immigrant is at least 3. If Dad has any children or step-children at home that he supports or claims on his income tax, add them to the count.

[BKelly 1]

You are posting in the AOS FORUM, but right now your interview is for a K1 visa, not Adjustment of Status according to your timeline. So the form for your interview is I-134. London should be fine with the 100%.

BUT when you get to the US, marry, and apply for Adjustment of status in the near future, you will have started a new process with new rules. The Affidavit of Support will be the I-864. It has stricter requirements, namely the 125%. If you are $1000 short you can make up for it with $3000 shown in savings perhaps. You can combine what savings might be coming from the UK. if you sill fall short, Dad can fill out an I-864 too. He will have a higher income requirement because his household is bigger:

Dad + Dad's wife + Immigrant is at least 3. If Dad has any children or step-children at home that he supports or claims on his income tax, add them to the count.

Thanks so much! Answers my question , yeah dad will be good , he just has the wife and himself plus the immigrant if needed, would indeed be 3 and he more then meets the 125% , I can have 3 grand to show not a problem , just wondering if that is accepted, if an RFE is issued I suppose we could just go with the (dad) co sponsorship. Im assuming they would issue an RFE and not a rejection , Could always play it safe and have dad co sponsor if he will. Thanks again!

Edited May 1, 2013 by BKelly