Just a simple guy with a few questions.

[Everlast 49]

Welcome!

[Suss&Camm 2,213]

Need to clear up some misinformation in this thread.

Your current annual income is not based on your AGI, and certainly not on an average of the AGI for the past 3 years. It states that nowhere in the I-864 instructions. On the I-864, the current annual income and the Total Income(AGI only if you used 1040EZ form) are two separate sections/things. You will need to know all of this down the road, after you are married, filing for AOS and needing to provide an I-864. For the K-1 visa interview, you need the I-134.

Current annual income is gross income. You will provide a complete copy of your most recent return or an IRS transcript, AND proof of your current income via letter from employer and/or recent pay stubs. This will be true for the I-134 and the I-864.

Current annual income is not past income It is not how much you made so far in the year, or even how much you earned in a specific year. It is just how much you currently earn at the time you fill out the affidavit of support, based on your pay rate and amount of hours worked for the length of a year's time.

Your current annual income can be figured out by multiplying how much you currently earn per hour times how many hours worked per week, then the weekly amount times 52. For example, if you make $10 an hour and work full time at 40 hours per week, then you make $20,800 annually.

You do not need the I-134 and supporting financial documents with the I-129F petition. You will not need those until it is time for the K-1 visa interview. If you are not even filing until next month, you definitely have a few months until you will need to provide it. You will probably have already filed your 2016 taxes by then.

^^^Just want to second that this is the correct information. It is unfortunate when so much missinformation is given since it creates a lot of confusion!

[Little John 3]

OK conceding on the AGI vs Gross, but in consideration of both forms if your income is near based on poverty level the outcome would be relatively similar. However please note that there is not 1 immigration lawyer that will tell you not to get a additional sponsor if you do not have met 125% with the AGI on either form. The USCIS does not disclose their procedure steps in detail anymore (for the purpose of allowance of officer discretion, for unique situations), but you can find memorandums from the director to Leaders through search engines. The bold links you can not get too unless you copy the full address and pasted in your browser.

Basic rule of thumb, prove the immigrant will not be a public charge!!! regards of Gross or AGI. As a supporter you have to prove sustainability in one fashion or another (purpose of 3 year reportings). If in doubt you make enough get an additional sponsor to save grace.

I hope your original question was answered, though it will be months before this information is needed it will be good to prepare for. Last thing you want is a RFE (Delay) or denial due to a technicality.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-16960/0-0-0-16971.html

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/affsupprt112305.pdf

Just FYI for everyone, in google search type-

site:https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/ (add what ever relative search you want here)

You will find some interesting things

[KayDeeCee 4,891]

Despite your claims about what all immigration lawyers might tell someone, people have been approved using their gross current annual income, and providing documentation of that income via letter from employer and pay stubs, as the instructions state. The way I explained how to get your current annual income amount is correct, and widely used. You can search about how to determine gross annual income and find definitions, explanations and calculators.

You are talking apples and oranges here though, as this is a thread about a K-1 visa, which does not use an I-864, past income shown on tax returns vs current annual income, which are two entirely separate things on the form, and USCIS policy vs Dept. of State.

This portion of the FAM lays out the affidavit of support requirements for both immigrant visa applicants needing the I-864 and non-immigrant K-1 applicants needing the I-134 > https://fam.state.gov/fam/09FAM/09FAM030208.html

This is the part that matters and is important to the OP of this thread >

3) (U) Use of Form I-134, Affidavit of Support:

...

(e) (U) 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). <-- No one wants to wait for an RFE at a visa interview, so you provide those documents along with your I-134 to begin with.

[MarkPerry 488]

What Embassy?

Some don't care about income or taxes. Philippines is one that I know of, I am sure there are others.

[Suss&Camm 2,213]

What Embassy?

Some don't care about income or taxes. Philippines is one that I know of, I am sure there are others.

What do you mean by this? Embassy in Manilla requires i-134 and supporting docs like any other embassy.

[MarkPerry 488]

What do you mean by this? Embassy in Manilla requires i-134 and supporting docs like any other embassy.

No they don't , Been almost 2 years since they have asked for them.

They even told a few the I-134 is a non binding document.

[ZoeUK1989 35]

What Embassy?

Some don't care about income or taxes. Philippines is one that I know of, I am sure there are others.

Are you saying that some embassies don't even look to check that the USC is earning the required amount?

If so then I am pretty sure that it doesn't matter what Embassy it is... They all care about income!

If they didn't care about the income then they wouldn't have the rule of income requirements. The reason they have this is so the beneficiary will not become a public charge.

[MarkPerry 488]

Are you saying that some embassies don't even look to check that the USC is earning the required amount?

If so then I am pretty sure that it doesn't matter what Embassy it is... They all care about income!

If they didn't care about the income then they wouldn't have the rule of income requirements. The reason they have this is so the beneficiary will not become a public charge.

Correct they don't care about paycheck or Tax Returns.

I know Manila Embassy is not asking for them, been that way quite a while now.

[ZoeUK1989 35]

It isn't a legally binding contract hence the fact you are not able to use it for your AOS.

I'm sorry but I do have a really hard time believing that some embassies do not care about income. They may not care about previous tax returns but your income i think to them is the most important thing.

Its funny to think that when you first look into the K1 process they make you think it is all about making sure the relationship is genuine... the more you look into it the more you realise its more about money at this point! London didn't ask me for the proof of relationship I had with me but they sure did care about what money she had or was earning!

[yuna628 9,525]

Are you saying that some embassies don't even look to check that the USC is earning the required amount?

If so then I am pretty sure that it doesn't matter what Embassy it is... They all care about income!

If they didn't care about the income then they wouldn't have the rule of income requirements. The reason they have this is so the beneficiary will not become a public charge.

The I-134 is a non-biding document, not in the same way the I-864 is by any means. While an embassy usually asks for the I-134 and other evidence, at some embassies there is shall we say, an unusual attitude regarding the I-134 and it's 'usefulness'. While requirements seems standard across the board, we often find that we cannot compare what goes on at an embassy in Europe to an embassy in the Philippines. Its unique or something when it comes to rule-bending ya know. ;-) What should be happening and what is actually happening.. is often two different things.

Edited December 14, 2016 by yuna628

[ZoeUK1989 35]

OP please be sure that regardless of this post to say some embassies do not care about income or taxes... Please be sure you send the I-134 for your fiance to take to the interview, your previous tax return, letter from your employer and pay stubs.

Even if MarkPerry is right... Don't run that risk

[Suss&Camm 2,213]

No they don't , Been almost 2 years since they have asked for them.

They even told a few the I-134 is a non binding document.

Where do you get this information? The information on their official website is that it's required.

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

It is non-binding. The binding part comes at AOS.

[Eric-Pris 1,602]

OP,

Something else to think about... have you thought about whether you will be able to support your fiancée and wife for up to a year while her greencard is processed? Even more if she can't find work after she gets her papers. Making just at the 125% may be just enough to support 1 person, but two?

Just something to think about.

[yuna628 9,525]

Where do you get this information? The information on their official website is that it's required.

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

It is non-binding. The binding part comes at AOS.

http://www.visajourney.com/forums/topic/533530-form-i134-was-not-asked-during-interview-but-approved/

http://www.visajourney.com/forums/topic/592693-i-134-issues-please-help/?p=8099427 post 3.

This is something just for the Philippines only. But I would never recommend an individual going to any embassy without the required document I-134 and other evidence, regardless of if the officers there want to see it or not.

At any rate Philippine specific scenarios don't apply to the OP. His embassy looks like it will be Greece. So he's going to need the I-134. Come AOS time if he needs a joint sponsor he can certainly use one with no issues.