Who has been in the same situation???

[Ckmciver70 31]

It sounds like you're confusing two separate things: what the poverty guidelines are and the amount of money it takes to live relatively comfortably in the US. Even if these are two different numbers, the CO will only be concerned with the first one.

Also, a "proven track record" is relative and not the requirement. That's why the poverty guidelines are used -- to provide an objective minimum annual income.

Also, nowhere in the process does the USCIS/consulate ask if the petitioner has health insurance, so things like medical emergencies/illnesses/pregnancies shouldn't be a factor.

While I understand your points, there is a requirement to prove income, which is based on past records, including tax records, specifically in order to determine the likelihood of that person becoming a ward of the state. If the person hasn't been in the U.S. long enough to show that they will be able to support themselves, never mind a wife, that's a red flag (unless they have a sponsor). We're talking about reducing the chances of someone being denied here...I'd hate to see someone turned down because they were at risk. So while I get your point(s), the higher you are above that minimum, with more proof, the less time you'll have to worry about approval.

[KayDeeCee 4,892]

While I understand your points, there is a requirement to prove income, which is based on past records, including tax records, specifically in order to determine the likelihood of that person becoming a ward of the state. If the person hasn't been in the U.S. long enough to show that they will be able to support themselves, never mind a wife, that's a red flag (unless they have a sponsor). We're talking about reducing the chances of someone being denied here...I'd hate to see someone turned down because they were at risk. So while I get your point(s), the higher you are above that minimum, with more proof, the less time you'll have to worry about approval.

The foreign fiance(e) needs to prove nothing about their finances or their ability to earn money once in the US. The financials and sponsorship is all on the USC petitioner. The petitioner must show that their current annual income is enough to meet 125% of the government poverty guidelines. While they do look at the totality of the each case, current income is most important, not what they made in the past. If they meet the income requirement for the affidavit of support, then they meet it. It is not about what expenses they may have or how well they can live off of the income they earn. It only matters that they meet the requirements of the affidavit of support. They do not check for nor care about your debts and bills. The USC petitioner in the OP's case is well over the income requirement for a household size of 2. The only places that require more are those that live in Alaska and Hawaii, due to the higher cost of living there. The OP still meets the income requirement, even if they live in one of those 2 states > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Since the OP has not even filed yet, the USC petitioner may have been working at their current job for a year before it will be time to provide the I-134. Their 2014 taxes will barely be below the 125% income requirement as well with current income around $20k over the income requirement. I don't see them being at risk for meeting the financial requirements needed to receive the K-1 visa or for the I-864 that will be needed for AOS later.

Edited December 8, 2014 by KayDeeCee

[Ckmciver70 31]

I wasn't talking about the foreign fiancée. I was speaking to the U.S. resident's income. Anyway, good luck with your application. Hope USCIS sees it the same way as everyone else seems to. Just happen to know a lot of people who didn't make it through because they didn't take the safe road and get a sponsor. Cheers.

Edited December 8, 2014 by Ckmciver70

[sma1488 155]

But the point is that, while each consulate and officer has SOME discretion with regards to income and the I-134, the likelihood of getting approved with $20,000/year and with for example $100,000/year is virtually the same. If they want to see more of the "track record" that you referred to earlier, then they could ask for 3 years of returns instead of 1, and in that case the OP WOULD obviously need a co-sponsor. I don't know what the policy is for Colombia.

And USCIS doesn't make the call, the embassy/consulate (part of the Department of State) does. And if they want a co-sponsor, they'll most likely give the couple a chance to find one instead of denying them the visa right then and there.

[KayDeeCee 4,892]

I wasn't talking about the foreign fiancée. I was speaking to the U.S. resident's income. Anyway, good luck with your application. Hope USCIS sees it the same way as everyone else seems to. Just happen to know a lot of people who didn't make it through because they didn't take the safe road and get a sponsor. Cheers.

Stating that the USC petitioner was new to the US was confusing then. And I have seen plenty of cases over the years where the person had just started their career but were earning over the income requirements and were approved using proof of that current income without the need for a co-sponsor. This happens a lot in cases of those recently out of school.

If they were on the borderline of the requirement and would not be able to provide even a most recent transcript, then I would be more apt to suggest a co-sponsor. Also, some consulates are more strict than others about what they will accept for the I-134 for the K-1, and it is not the USCIS that you deal with when applying for a visa. That would be the Dept. of State.

This is what the Foreign Affairs Manual has to say about it > http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support

f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

All of this being said, I suggest the OP asks in the regional forum for Colombia about how strict Bogota is for the financials and past tax returns. It is best to know what your individual consulate will most likely accept or not. > http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

Edited December 8, 2014 by KayDeeCee

[Elizabeth+Fred 35]

USCIS doesn't care if you ACTUALLY get by on any given income or not.

Their requirement is, that the sponsor must AT LEAST make 125% (100% for the I-134, but 125% later on

in the I-864 when you do AoS) of the Federal Poverty Level income for the household size for your new

household. When you will be able to actually eat or not... they don't care.

Also, they want to see the ANNUAL income. If you do not yet have at least one annum (year) to show proof

of, be ready to either explain the reason for that in detail (and they may or may not accept that), or avoid

that possibility by having a co-sponsor.

Although you do need to specify income etc on the forms needed for the initial petition, they usually are

not actually checked/looked at until the time of the interview, which is MUCH later. So, in your case, given

the latter, you might be able to show that 2014 tax return by then, and at 30K+, that is fine for them.

Good luck!

[Nathan&Cata 5]

My fiancé wasn't out of the USA... He finished Highschool in 2010 and then he went to college for two years.... He likes to play soccer, so almost during three and a half years he was just focused on playing soccer and he was helping his parents with their business.... He was not making any salary for that reason he said he never nedeed to file for taxes... Because he was just helping his parents and they where giving him a place to live, food and what he needed...

He just started this job last July.... So he won't be able to show more than the poverty guidelines requires when he files for his 2014 taxes.... But he has a good salary and he'll be making annually more than is required...this is an stable job... I think we'll be fine with his current income, but we might still bring a join sponsor just in case we need it... We don't want to take any risk... I think it is better to have more than less.... Thanks to everybody for taking your time to answer... All your answers are really appreciated ?