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Is making $40,000 enough for my fiance to act as a sponsor?

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Filed: Citizen (pnd) Country: Malaysia
Timeline

Hey guys,

I'm at the NOA2 stage and I'm just slightly paranoid. My fiance makes $40,000/year, is that enough for him to sponsor me, or would he require a co-sponsor?

Thanks in advance!

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Depends on his household size + you. If it's just both of you then yes you are way above poverty line and do not require a co sponsor

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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
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What's his household size? $40,000 will support up to a household size of 6.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: Citizen (pnd) Country: Malaysia
Timeline

Yes it's just me and him, since he doesn't live with his parents anymore. He moved to an apartment that he shares with two other housemates, I assume they don't count under this household size right? Sorry for the silly questions!

Edit: Just saw Zedayn's response. Perfect! :)

Edited by Quarter
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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

No they don't, they are not dependent on him.

Service Center - Texas

I -130 sent - October 26, 2013

NOA 1 - November 07, 2013

RFE - May 06, 2014

RFE Hard Copy Received - May 12, 2014 (2 passport size photo for the petitioner)

RFE Sent - May 15, 2014

NOA 2 - May 29, 2014

National Visa Center

NVC Received - 18/06/2014

Fill out DS - 261 Form & submit - 08/07/2014

Pay AOS Fee - 25/07/2014

Send AOS Package - 02/08/2014

NVC Receive AOS Package - 04/08/2014

Receive IV Bill - 28/08/2014

Send IV Package - 28/08/2014

Pay IV Bill - 30/08/2014

Case Complete - October 21, 2014

Interview Date - December 05, 2014 rescheduled from December 29, 2014

Interview Result - Approved

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  • 1 month later...

Hi,

If you don't mind me asking some questions here regarding the affidavit of support for K1 Visa (I-129F) application...

1. What is the minimum income to qualify?

2. When is a co-sponsor necessary?

Would really appreciate it if someone could direct me to the right links to get the correct information.

Thank you!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi,

If you don't mind me asking some questions here regarding the affidavit of support for K1 Visa (I-129F) application...

1. What is the minimum income to qualify?

2. When is a co-sponsor necessary?

Would really appreciate it if someone could direct me to the right links to get the correct information.

Thank you!

The poverty guidelines are here. You look for the household size including yourself and your fiancé. So if your fiancé has two children, you will be looking at a household size for four people (you, him, two kids). If your fiancé lives alone with no dependents, you will be looking at a household size for two people (you, him).

A cosponsor is necessary if the petitioner (your fiancé) makes less than 125% of the poverty guidelines.

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Sponsorship for a petitioner who isn't active duty military is 125%, across the board. IIRC, the I-134 is the form you'll need to file for affidavit of support for adjustment of status once you're in the US. They won't give you a K-1 unless your sponsor can support you for AOS.

(I have trouble remembering form numbers, but I know that those poverty guidelines are always, always, always what is used for family sponsorship.)

Edited by Not a Tailor

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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Filed: Citizen (apr) Country: Mexico
Timeline

Thank you so very much for the link.

This applies to the I-134 form? What's the difference between I-134 and I-864?

Is I-134 the one needed for K1 Visa?

Thanks again!

Some consulates will accept only 100% of the poverty level for an I-134, but most want the 125% because they know you will need the 125% very soon anyway for the I-864 that comes with filing AOS once you are in the US and married.

I think it is mistake to accept 100% on the I-134 and there was a post by someone just recently that was approved with 100% for the K-1 visa, but then did not have enough income to meet the 125% for the I-864. This is why I think they should change things up and accept only 125% across the board at every consulate for every case. You have to have that amount or a joint sponsor for AOS anyway.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Sponsorship for a petitioner who isn't active duty military is 125%, across the board. IIRC, the I-134 is the form you'll need to file for affidavit of support for adjustment of status once you're in the US. They won't give you a K-1 unless your sponsor can support you for AOS.

(I have trouble remembering form numbers, but I know that those poverty guidelines are always, always, always what is used for family sponsorship.)

Some consulates will accept only 100% of the poverty level for an I-134, but most want the 125% because they know you will need the 125% very soon anyway for the I-864 that comes with filing AOS once you are in the US and married.

I think it is mistake to accept 100% on the I-134 and there was a post by someone just recently that was approved with 100% for the K-1 visa, but then did not have enough income to meet the 125% for the I-864. This is why I think they should change things up and accept only 125% across the board at every consulate for every case. You have to have that amount or a joint sponsor for AOS anyway.

Thanks for the helpful replies.

Because my fiance only started as an independent contractor with a company since mid last year, we just want to make sure that we get the calculations right.

Prior to that he was travelling, and he didn't make any income for a while. But based on his average earnings per month now, he makes slightly above the 125% poverty guideline - above 20k per year for a household of 2, him and I.

His dad has agreed to be a co-sponsor, to be on the safe side. He's a retiree, but he has sufficient assets.

Will that work, in your opinion?

Does he just leave the question about employment on the I-134 form (Q7) blank and report on his bank savings, property, stocks etc...?

Advice and tips appreciated.

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