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Posted

Yes, the vise can be approved if the I-134 doesn't show the min. requirements met. It is NOT a legally binding contract.
I am sure that your fiance will be questioned about not meeting the requirements at his/her interview.

However, when/if your fiance is approved you MUST be able to show on the I-864 that you meet the minimum requirements for the AOS.

If you fail to meet the financial minimum your fiance will be deported.

Essentially, if you can't show on that you can financially support your fiance then you must have a sponsor.

I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

Posted

No, you won't be approved without an acceptable I-134. Not at all. They are not going to accept you knowing that you will not qualified to AOS.

If you can't get a co-sponsor then you will be denied.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Hello friends,

Is there any one who still got approved without meeting the I-134 guides ?

if we can't find a co-sponsor ,what is the worst scenario ?

No I 134, then no visa.

There would also be the I 864 further down the road.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Yes, the vise can be approved if the I-134 doesn't show the min. requirements met. It is NOT a legally binding contract.

I am sure that your fiance will be questioned about not meeting the requirements at his/her interview.

However, when/if your fiance is approved you MUST be able to show on the I-864 that you meet the minimum requirements for the AOS.

If you fail to meet the financial minimum your fiance will be deported.

Essentially, if you can't show on that you can financially support your fiance then you must have a sponsor.

Thank you ,when we usually file the I-864 ?

Posted

Thank you ,when we usually file the I-864 ?

The I-864 is filed when Adjusting Status (After marriage)

However, please keep in mind, that not all cases are the same. If you're not able to show proof of financial support at the interview the case can be denied on the spot.

I have heard of a lot of people state that at the interview they were not even asked for the I-134.

I would suggest for your fiance to be prepared at the interview to ensure that the visa is not denied.

I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

Posted (edited)

The I-864 is filed when Adjusting Status (After marriage)

However, please keep in mind, that not all cases are the same. If you're not able to show proof of financial support at the interview the case can be denied on the spot.

I have heard of a lot of people state that at the interview they were not even asked for the I-134.

I would suggest for your fiance to be prepared at the interview to ensure that the visa is not denied.

You are discussing what London does while answering a question about what Cairo would do. London is very unusual.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

The I-864 is filed when Adjusting Status (After marriage)

However, please keep in mind, that not all cases are the same. If you're not able to show proof of financial support at the interview the case can be denied on the spot.

I have heard of a lot of people state that at the interview they were not even asked for the I-134.

I would suggest for your fiance to be prepared at the interview to ensure that the visa is not denied.

What Harpa said. London is odd in that sometimes it doesn't ask for the I134, that's the exception rather than the rule. OP, you will need to show 100% of the poverty level on the I134 and 125% on the I864 in order to be approved.

Posted

Most consulates require 125% of the poverty line for the I-134. London is again, the only one I can think of that does not.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Most consulates require 125% of the poverty line for the I-134. London is again, the only one I can think of that does not.

That's not what it says on the DOS website:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#6

It clearly says 100% for the I134.

Edited by bunnygirl

Posted

You're right. The I-134 requires that you meet the 100%. When he files for AOS, he will definitely need 125%. Some consulates may not look at the I-134, however the visa should not be denied if the sponsor met the 100% guideline.

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.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9

That's not what it says on the DOS website:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#6

It clearly says 100% for the I134.

This does not constitute legal advice.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I do not recollect seeing somebody get approved with 100% rather than 125%.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Hello friends,

Is there any one who still got approved without meeting the I-134 guides ?

if we can't find a co-sponsor ,what is the worst scenario ?

Although the I-129F petition itself will be approved in many cases (because at that stage, "money" is not considered yet), the consular officer that interviews the foreign fiance(e) will be looking at the I-134 documentation, and most likely decide that given the failure to meet those requirements, the visa should not be approved. This is decided by the CO during/at the interview, not in the "petition" phase.

Even IF the CO would approve the visa (could happen, everyone makes mistakes..) this would not help you, really, because then you'd get bitten by the AOS phase, after the marriage. You'll have to file an I-864 form then, which is similar to the I-134, but which has more legal "balls". Meeting the requirements of that form are *mandatory* - if you fail to meet them, the AOS petition will be denied, and, eventually, your fiance(e) would have to leave the country.

So... yes, if you already know you can't meet the I-134 requirements, make sure you get a co-sponsor before "going there" !

SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

12-11-14 VISA IN HAND

 
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