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Abbumimapa

I 134 Question

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Filed: K-1 Visa Country: Kuwait
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The question where they ask for petitions I have filed with USCIS. I have filed petitons for my siblings but it's gonna be years before they immigrate to U.S. Does listing them impacts my eligibility as per poverty guidelines even though they aren't in U.S. and won't be coming to U.S for at least 5 to 6 years and aren't financially dependent upon me? On I 134 Should I indicate the fact that they haven't immigrated to U.S.?

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Well, for whatever my opinion is worth (not having been in this situation), I would answer:

  • Question 8 only if you are sending your siblings cash or other financial support that they rely on,
  • Question 9 as yes if you have submitted a Form I-134 or I-864 for any/all the siblings, and
  • Question 10 as yes and name all the siblings you have the petition for.

I don't think their petition will affect your current K-1, but could affect their family petition if you and your future spouse do not earn enough money to meet the income requirements as they become due. If you plan to earn enough money to meet the income requirement for your future spouse and the siblings, then you are in a good position.

Remember, that the income requirements for the K-1 changes when you AOS, but seeing how the siblings are not on your returns (and if they are currently not fully dependent on you), I don't think this should prevent you from the K-1 petition.



Signature coming soon...

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Filed: Citizen (apr) Country: Mexico
Timeline

The question where they ask for petitions I have filed with USCIS. I have filed petitons for my siblings but it's gonna be years before they immigrate to U.S. Does listing them impacts my eligibility as per poverty guidelines even though they aren't in U.S. and won't be coming to U.S for at least 5 to 6 years and aren't financially dependent upon me? On I 134 Should I indicate the fact that they haven't immigrated to U.S.?

They would not be counted in your household for figuring out your income requirement unless you had already signed an I-864 for them. You will list them in #10 along with your fiance(e) because you have filed petitions for them. You will put None for #9 if you have not filed any affidavits of support for anyone as of yet.

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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