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David111

125% above Poverty Line?

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Filed: K-1 Visa Country: Netherlands
Timeline

I would like to know the amount classified as above 125% poverty line for someone that has 2 kids and lives in Vermont, US in order to file K-1 petition. How much do I have to show that is 125% above the poverty line, I have two kids and I live in Vermont.

Thank you

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Here is the 2007 poverty level link: http://www.uscis.gov/files/form/I-864P.pdf

Look at the family size and then look at the right column.

Good luck

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United States & Republic of the Philippines

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Filed: Timeline

David1111,

You do not have to show any financial information in order to file an I-129f petition. That comes later, after your petition has been approved, when your fiancee applies to the consulate for the K1 visa.

Yodrak

I would like to know the amount classified as above 125% poverty line for someone that has 2 kids and lives in Vermont, US in order to file K-1 petition. How much do I have to show that is 125% above the poverty line, I have two kids and I live in Vermont.

Thank you

Edited by Yodrak
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I would like to know the amount classified as above 125% poverty line for someone that has 2 kids and lives in Vermont, US in order to file K-1 petition. How much do I have to show that is 125% above the poverty line, I have two kids and I live in Vermont.

Thank you

I would like to know what's wrong w/ Google and doing a little math? ;)

125% over the 2007 Federal Poverty Guidelines s with a 4 person household (you + 2 kids + your fiancee) you have to have an income (and assets if applicable) valued at $25,813.00

Here's the link to the Federal Poverty Guidelines. Your income must equal 125% of what is listed there for your household size. (Count the intending immigrant in the size of household). These poverty guideline figures are the same for the continental US, what state you live in does not matter.

-P

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Filed: Citizen (apr) Country: China
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Again this not a requirement to file the petition, it comes into play at the Visa interview, and later when adjusting status. By that time if income is low you can perhaps get a joint sponsor. Good that you are thinking of it this far in advance, it gives you time to prepare for when you will need to show that you can support the immigrant.

OUR TIME LINE Please do a timeline it helps us all, thanks.

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Filed: K-1 Visa Country: Vietnam
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So they only consider your current salary, as in what you are currently making right now? And as long as you can provide that beyond any doubts it would be acceptable? If that is the case, why do they care so much about previous years returns?

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Sinh & Lien,

"only consider your current salary"? No. There are many things to consider, the consular officer is supposed to look at 'the totality of the circumstances'.

Current income is the primary consideration, the sustainability of the current income is also an important consideration. Past tax returns can be (but are not always) an indicator of sustainability. They also are good for showing sources of income other than salary.

For the self-employed, past tax returns may be the best indication of current income there is.

Yodrak

So they only consider your current salary, as in what you are currently making right now? And as long as you can provide that beyond any doubts it would be acceptable? If that is the case, why do they care so much about previous years returns?
Edited by Yodrak
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Filed: Other Timeline

Might I add ... a good source for discussions about financial requirements at the interview is the Foreign Embassy and Consulate Forum.

PS - where the petitioner lives (in the OP's case, Vermont) does not affect things.

At the interview, the consulates interpretations of financial sufficiency will matter.

At adjustment of status, the Federal Poverty Guidelines (a national figure) will matter.

Edited by rebeccajo
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Filed: Country: United Kingdom
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And finally, the requirement is NEVER 125% above poverty guidelines.

It IS 25% above the PG. Also expressed as 125% OF the poverty guideline.

(good thing I kicked that apostrophe abuse problem)

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Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

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censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

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http://travel.state.gov/visa/immigrants/info/info_3182.html

Anyone want to take a stab at what they are up to here? 100% P.L. for I-134. Am confused

Thanks

J.

This is exactly what I was going to say. At the NVC site it says that K-1 petitioners on have to do 100% and it goes to 125% when you do a change of status. I have been wondering the same thing why people keep saying 125%.

I-129F Timeline

1-03-07 - Mailed to CSC

1-09-07 - NOA1

4-11-07 - NOA2

4-25-07 - NVC received our case

4-27-07 - Case forwarded to Embassy

5-02-07 - Embassy received our case

5-07-07 - Received Packets 3 & 4

7-02-07 - Interview

7-23-07 - Visa Received

7-28-07 - U.S. Entry JFK

7-30-07 - Marriage

AOS Timeline

8-31-07 - Mailed AOS to Chicago Lockbox

9-03-07 - Chicago Received

9-19-07 - NOA's (I-485, EAD, and I-131)

10-15-07 - RFE for birth certificate

10-16-07 - Biometrics Appointment

10-19-07 - Sent Additional Info. for RFE

12-03-07 - Touched (Received Additional Info.)

12-10-07 - Ordered Production of EAD

12-10-07 - Advanced Parole shows up online

12-12-07 - Touched Advanced Parole

12-13-07 - Touched EAD

12-17-07 - Received Advanced Parole in the mail

12-19-07 - Approval of EAD noticed sent

12-20-07 - Received EAD in the mail

12-27-07 - I-485 transfered to CSC

01-02-08 - Received transfer notice in the mail

01-10-08 - Touched Case Pending at CSC

01-11-08 - Touched I-485

01-13-08 - Touched I-485

03-03-08 - RFE for I-864

04-17-08 - Approval of I-485

04-21-08 - Received Welcome Notice in the mail

04-21-08 - Received Green Card in the mail

02-16-10 - File Removal Of Conditions

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http://travel.state.gov/visa/immigrants/info/info_3182.html

Anyone want to take a stab at what they are up to here? 100% P.L. for I-134. Am confused

Thanks

J.

This is exactly what I was going to say. At the NVC site it says that K-1 petitioners on have to do 100% and it goes to 125% when you do a change of status. I have been wondering the same thing why people keep saying 125%.

I think it may said to be safe, rather than sorry later. The consulates can vary greatly on how they interpret the information provided to them at the time of the interview....and hey let's face it it is a Poverty Guideline. If you barely make the minimum to qualify you above being "poor" according to the US government...how can you propose to support another person to make sure they do not become a "public charge"? That is what the CO's are looking for in the financial documentation presented for a K-1 visa....they do not want to issue a visa to a person that is likely to become dependent on government aid once he/she gets to the US. If their petitioner barely makes enough $$ to be above the poverty guideline, the CO may think that by issuing a visa, thereby adding another member to this household (who will not work until they Adjust Status), they will strain the finances of the petitioner and both will become "public charges".

So the recommendation by VJ is given to avoid problems, and it is sound advice.....at least that is how I see it. :thumbs:

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http://travel.state.gov/visa/immigrants/info/info_3182.html

Anyone want to take a stab at what they are up to here? 100% P.L. for I-134. Am confused

Thanks

J.

This is exactly what I was going to say. At the NVC site it says that K-1 petitioners on have to do 100% and it goes to 125% when you do a change of status. I have been wondering the same thing why people keep saying 125%.

I think it may said to be safe, rather than sorry later. The consulates can vary greatly on how they interpret the information provided to them at the time of the interview....and hey let's face it it is a Poverty Guideline. If you barely make the minimum to qualify you above being "poor" according to the US government...how can you propose to support another person to make sure they do not become a "public charge"? That is what the CO's are looking for in the financial documentation presented for a K-1 visa....they do not want to issue a visa to a person that is likely to become dependent on government aid once he/she gets to the US. If their petitioner barely makes enough $$ to be above the poverty guideline, the CO may think that by issuing a visa, thereby adding another member to this household (who will not work until they Adjust Status), they will strain the finances of the petitioner and both will become "public charges".

So the recommendation by VJ is given to avoid problems, and it is sound advice.....at least that is how I see it. :thumbs:

So out of all that you just said is the answer to the question 100% or 125%?

I-129F Timeline

1-03-07 - Mailed to CSC

1-09-07 - NOA1

4-11-07 - NOA2

4-25-07 - NVC received our case

4-27-07 - Case forwarded to Embassy

5-02-07 - Embassy received our case

5-07-07 - Received Packets 3 & 4

7-02-07 - Interview

7-23-07 - Visa Received

7-28-07 - U.S. Entry JFK

7-30-07 - Marriage

AOS Timeline

8-31-07 - Mailed AOS to Chicago Lockbox

9-03-07 - Chicago Received

9-19-07 - NOA's (I-485, EAD, and I-131)

10-15-07 - RFE for birth certificate

10-16-07 - Biometrics Appointment

10-19-07 - Sent Additional Info. for RFE

12-03-07 - Touched (Received Additional Info.)

12-10-07 - Ordered Production of EAD

12-10-07 - Advanced Parole shows up online

12-12-07 - Touched Advanced Parole

12-13-07 - Touched EAD

12-17-07 - Received Advanced Parole in the mail

12-19-07 - Approval of EAD noticed sent

12-20-07 - Received EAD in the mail

12-27-07 - I-485 transfered to CSC

01-02-08 - Received transfer notice in the mail

01-10-08 - Touched Case Pending at CSC

01-11-08 - Touched I-485

01-13-08 - Touched I-485

03-03-08 - RFE for I-864

04-17-08 - Approval of I-485

04-21-08 - Received Welcome Notice in the mail

04-21-08 - Received Green Card in the mail

02-16-10 - File Removal Of Conditions

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Filed: AOS (apr) Country: Philippines
Timeline
So out of all that you just said is the answer to the question 100% or 125%?

I think what was being said is that if you are at or above 125% then you are already at or above the 100% so therefore no worry....

YMMV

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Filed: Timeline

Dorothy,

Adjustment of status.

People keep saying 125% because they insist on applying immigrant requirements (INA Section 213A) to non-immigrant situations. Perhaps because the immigrant requirements are relatively specific and clear, whereas the non-immigrant requirements are much more vague and subjective. Most people are more comfortable with specifics than with subjectiveness.

Beyond that, it is a valid point that K-visa people will soon enough have to meet the immigrant requirements so they might as well recognize it from the start even though they do not have to meet the more stringent requirements at the start.

Yodrak

http://travel.state.gov/visa/immigrants/info/info_3182.html

Anyone want to take a stab at what they are up to here? 100% P.L. for I-134. Am confused

Thanks

J.

This is exactly what I was going to say. At the NVC site it says that K-1 petitioners on have to do 100% and it goes to 125% when you do a change of status. I have been wondering the same thing why people keep saying 125%.

Edited by Yodrak
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