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Campanita

A question regarding support? One more question, sorry!

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You guys are wonderful..... Okay, here is my final question. I think I may have a problem when I have to show proof of support as I am currently unemployed. Will that matter as long as I can show I made good money (tax returns) this year and past years. I also have money in the bank (quite a lot) but that will vanish in a few months as I purchased a house here in San Francisco and will be probably be paying for it before I am asked to show the support info. Which means I will be unemployed and not have a lot of money in the bank by the time I am asked to show support. Does anyone know what the monetary requirements are? Thanks so much.

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Well, the requirements most go by are 125% of the poverty line (this is definitely the requirement for AOS) so it would be good if you can show this, I think it's somewhere in the ballpark of 16,500 for a household of two (that is the 2006 guideline, they may be going by an earlier one that is slightly, but not much, less). So, if you can prove you make that much in a year or can prove that you have enough in the bank to show that you have that much times 5 (since for AOS you need to prove 5 years, so 5 times 16,500). It also depends on what Embassy you are going through, some ask for tax returns, some go straight by the I-134 instructions and you can look at the top of this page for a link to it in the Downloads section to read their guidelines on what is appropriate proof of income. If you are not able to meet this line then you will need a cosponsor, which is just someone who can prove that they make 125% of the poverty line for however many are in their household PLUS you and your fiance and any children you may have.

That might not make any sense, so I'll be happy to clarify anything for you and if I've misguided the OP someone come correct me!

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Campanita

Just remember that the I-134 whilst used by the majority of embassies is not a requirement for K visa's. What one must look at is overcoming the public charge issue which the I-134 is useful, but not the only thing considered. They will look at present and future as opposed to past, in which your present unemployment could be an issue. Have you looked into having a co-sponsor for added security just in case it is requested.

Overcoming the Public Charge

While an applicant for a fiancé(e) visa is not required to file an affidavit of support (I-134), it is nevertheless useful in proving the applicant is not likely to become a public charge. The Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

Overcoming the Public Charge

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An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

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I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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