I-134 and I-864 poverty guideline minimum

[wornoutcowboy 6]

It seems as if it everyone is saying you need to satisfy 125% of the federal poverty guideline when submitting the I-134 but according to the information below it is only 100%.

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.

This was found at:

http://travel.state.gov/visa/immigrants/types/types_2994.html#4

For a household of two this income level would be 15,510.

Perhaps this is important information if someone like me is seeing their income change between filing the I-134 and I-864.

Am I reading this correctly?

[SparklePony 238]

You are reading correctly. The issue is that when you file the I-1864 for AOS, that follows the 125% poverty guidelines. This means that many embassies choose to use the 125% guideline because it will be relevant later in the process for that visa applicant.

[wornoutcowboy 6]

You are reading correctly. The issue is that when you file the I-1864 for AOS, that follows the 125% poverty guidelines. This means that many embassies choose to use the 125% guideline because it will be relevant later in the process for that visa applicant.

So, the embassies can not follow federal guidelines? Does anyone actually know what the guidelines are at various embassies? I am getting a bit worried about my own finances. Where would I find the guidelines?

[SparklePony 238]

Honestly, I don't really know if there are any. Have you tried doing a search here on VJ for reviews on your embassy to see what comes up? There is so much information here that it might help you. From all I've read it really depends on country to country and how each embassy chooses to do things.

As for your own finances, if that is a worry for you, have you considered the possibility of having a co-sponsor?

[KayDeeCee 4,893]

The guidelines are just that, guidelines. The consular officers seem to have a great deal of leeway when considering whether or not they believe you will be a public charge or not. You can Google this section of the FAM and read through all of the notes about use of the I-134 and determining if the intending immigrant will become a public charge or not. It is long and I do not want to copy and pate the whole thing here. The CO has sole discretion and it is quite subjective really > 9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support