Income requirements

[M&Mz 0]

Hi, everyone

I have been browsing this site for the past months as my fiancé and I were preparing our K1 application. I learned that a great basis for approval is to show stable income. All has been well and we were planning to file this month until we got into this situation.

My fiancé just got a job offer for a job he really wants and loves to do except that it will cause a major pay cut for him. He just started working when he got back in the US January this year as he has been studying overseas the past two years (that's when we met). He is doing well with his current job and makes well above the 125% minimum poverty requirement. We were thinking that by the time we get the NOA2 approval and my interview date hopefully early next year, he will already have a tax return for this year that can be submitted together with the I-134 and recent pay stubs to show he is finacially capable of supporting me.

Our concern now is if he will accept this job offer, he will not be able to make the 125% minimum requirement. But he is thinking that since he has worked 8 months already this year even with the pay cut for the rest of the year (4 months) he can still show by the end of the year that he made more than enough.

I'm thinking otherwise. Annual income will be based on his current earnings, right? I know copies of his current paystubs will be required during the interview and these will reflect his new job's salary. Can anybody enlighten us on this please? Can we still pass the income requirements?

I have read from another website that since the income requirement will be needed by the end of this process, he still has time to supplement his income until my interview so we can make the income requirement. He is thinking of getting a part time job to get additional income. Can he do this too?

I would greatly appreciate everyone's input and advice on our predicament.

Thank you.

Edited September 8, 2013 by M&Mz

[sparkles_ 456]

They will do some sort of math to determine if his hourly pay, based on a normal work-week's hours will meet the 125%. Yes he can get a 2nd job just to bump up the income if needed!

[M&Mz 0]

So basically, it doesn't matter how much the petitioner made in his previous job/previous year (2013), if the interview will be in 2014, his current pay stubs will determine his current income and ability to support the beneficiary?

[M&Mz 0]

I'm thinking he can get another job to supplement the income or hold our application until he will make enough to pass the requirements. Another concern about holding the application is the two-year rule in meeting. Does it apply during the filing of I-129F or during the interview?

What can be our other options? anyone?

[Hank_ 9,173]

Hi, everyone

I have been browsing this site for the past months as my fiancé and I were preparing our K1 application. I learned that a great basis for approval is to show stable income. All has been well and we were planning to file this month until we got into this situation.

My fiancé just got a job offer for a job he really wants and loves to do except that it will cause a major pay cut for him. He just started working when he got back in the US January this year as he has been studying overseas the past two years (that's when we met). He is doing well with his current job and makes well above the 125% minimum poverty requirement. We were thinking that by the time we get the NOA2 approval and my interview date hopefully early next year, he will already have a tax return for this year that can be submitted together with the I-134 and recent pay stubs to show he is finacially capable of supporting me.

Our concern now is if he will accept this job offer, he will not be able to make the 125% minimum requirement. But he is thinking that since he has worked 8 months already this year even with the pay cut for the rest of the year (4 months) he can still show by the end of the year that he made more than enough.

I'm thinking otherwise. Annual income will be based on his current earnings, right? I know copies of his current paystubs will be required during the interview and these will reflect his new job's salary. Can anybody enlighten us on this please? Can we still pass the income requirements?

I have read from another website that since the income requirement will be needed by the end of this process, he still has time to supplement his income until my interview so we can make the income requirement. He is thinking of getting a part time job to get additional income. Can he do this too?

I would greatly appreciate everyone's input and advice on our predicament.

Thank you.

The embassy looks really hard at the most recent tax return & W-2, which for your case will be 2013. That is all that is required with the I-134 in the embassy instructions letter. To take the worry out of being close, does your fiancé have a family member that would be a co-sponsor?

Rule # 1 is never lie. Is the job change moving to another company?

Edited September 8, 2013 by Hank_

[M&Mz 0]

The job change is to another company and another industry (the one he went to school to and has no prior experience that's why the pay is low, he will start from the bottom).

He has retired parents who can co-sponsor if needed but I thought Manila embassy don't accept co-sponsor.

Thanks for replying!

[Tahoma 2,291]

The two-year rule only applies when the I-129F petition is filed with the USCIS, and does not apply at the Embassy level. So, you have no worries about that.

If your fiancé accepts the new job, he also could get a part-time job in order to maintain his current sustained income above 125% of the poverty guidelines for his household size.

The consular officer will look at his 2013 tax return but, more importantly, the consular officer will look at his current sustained income. Your fiance's current sustained income will be calculated by annualizing his current paycheck stubs. His current paycheck stubs will be the paycheck stubs from the time period immediately preceding the interview.

If the income from your fiance's new job puts him just under 125% of the poverty guidelines, an option you might want to consider is for your fiancé to accept the new job and not get a part-time job. If you choose this option, I would highly recommend that your fiancé attend your interview.

You might also consider attempting to use a joint sponsor, although the U.S. Embassy Manila doesn't always accept joint sponsors. Generally, they are more likely to accept joint sponsors for young, educated Pinoys where the joint sponsor is a close family member of the petitioner. I would suggest that the joint sponsor provide an I-864 rather than an I-134.

If a consular officer does not approve your visa because they believe you will become a public charge in the U.S, they won't deny your visa. Instead, they will issue you a 221g (MNL-IV-22). The 221g will tell you that your fiance's income is insufficient, and it will allow you one year to correct the problem. During that year, your fiancé will have the opportunity to either make more money at his current job or get a part-time job to supplement his income.

[M&Mz 0]

Thank you for your insights, Tahoma.

If he will accept this new job, it will put his income 1.5k-2k under the minimum 19k requirement.

May i ask the reason why it may be vital that he will attend the interview with me if he decides to accept this new job?

Has there been a precedent that a co-sponsor was accepted for some young, educated Pinoy applicants? I guess we fit the bill of being young, educated Pinoys. He just went back to school to finish his course (prior to this he has 10 years work experience in the US already). I graduated from a premier university in the country and has 8 years solid work experience. My fiance actually think our application will float given my education and work background as it will help prove I won't be public charge there. I'm not too sure and I worry about it.

Edited September 8, 2013 by M&Mz

[M&Mz 0]

I don't even want to think about the possibility of not being approved

If issued the 221g, does it mean we will have to wait for the next tax return to prove that he made 125% income requirement?

[Tahoma 2,291]

May i ask the reason why it may be vital that he will attend the interview with me if he decides to accept this new job?

Has there been a precedent that a co-sponsor was accepted for some young, educated Pinoy applicants?

I guess we fit the bill of being young, educated Pinoys. He just went back to school to finish his course (prior to this he has 10 years work experience in the US already). I graduated from a premier university in the country and has 8 years solid work experience.

If issued the 221g, does it mean we will have to wait for the next tax return to prove that he made 125% income requirement?

Over the years, I've noticed that K-1ers in your situation have had a better approval rate when the petitioner attended the interview. Your fiancé could attend your interview and attempt to submit the joint sponsor's papers.

Since the consular officer looks at the "totality of the circumstances" when determining whether you will become a public charge in the U.S., your education will add strength to your case.

If you are issued a 221g, you don't have to wait for the next tax return. Instead, you can submit a few of his paycheck stubs which show that he surpasses the income guidelines. These paycheck stubs can come from his primary job if he gets an adequate pay raise, or from a second job.

[a+o 0]

If he will accept this new job, it will put his income 1.5k-2k under the minimum 19k requirement.

From travel.state.gov:

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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100% of the poverty guideline for 2013 is $15,510. You will need to show 125% for the green card application ("The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.") which may or may happen in 2014 depending on how quickly your application goes.

Good luck!

Edited September 15, 2013 by a+o

[stevie b 141]

From travel.state.gov:

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.

---

100% of the poverty guideline for 2013 is $15,510. You will need to show 125% for the green card application ("The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.") which may or may happen in 2014 depending on how quickly your application goes.

Good luck!

the PI is sticky about 134's and it is the interviewing officer who will make the call.. this is covered often in detail

they also go for the 125% with a 134 in the PI

[KayDeeCee 4,892]

From travel.state.gov:

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.

---

100% of the poverty guideline for 2013 is $15,510. You will need to show 125% for the green card application ("The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.") which may or may happen in 2014 depending on how quickly your application goes.

Good luck!

So many people post this all the time as if it is gospel and the CO must comply with this. Not all consulates/COs will follow this I-134 rule. Many of them will use the I-864 guidelines because the K-1 is technically a non-immigrant visa but is processed and treated as an immigrant one by the consulates because the K-1 is special in that it has immigrant intent. They know the I-864 will be needed shortly after entering the US, getting married and filing for AOS. Some consulates are more strict about the financials than others. A CO has a lot of leeway about what they can accept with the I-134 and the decision is entirely up to them.

[stevie b 141]

So many people post this all the time as if it is gospel and the CO must comply with this. Not all consulates/COs will follow this I-134 rule. Many of them will use the I-864 guidelines because the K-1 is technically a non-immigrant visa but is processed and treated as an immigrant one by the consulates because the K-1 is special in that it has immigrant intent. They know the I-864 will be needed shortly after entering the US, getting married and filing for AOS. Some consulates are more strict about the financials than others. A CO has a lot of leeway about what they can accept with the I-134 and the decision is entirely up to them.

+1

you always say things better

[a+o 0]

So many people post this all the time as if it is gospel and the CO must comply with this. Not all consulates/COs will follow this I-134 rule. Many of them will use the I-864 guidelines because the K-1 is technically a non-immigrant visa but is processed and treated as an immigrant one by the consulates because the K-1 is special in that it has immigrant intent. They know the I-864 will be needed shortly after entering the US, getting married and filing for AOS. Some consulates are more strict about the financials than others. A CO has a lot of leeway about what they can accept with the I-134 and the decision is entirely up to them.

I understand. Most of my research has centered on how it goes in Finland. Other people have reported that I-134 is barely looked at — maybe because Finland is a low-fraud country.

I responded with the "official" rules because it seems like many people on this forum give advice or make statements without sourcing, referencing, or providing some facts. I appreciate the explanation. Thanks.