125% above Poverty Line?

[omeysgirl 0]

Im curious about this subject as well.

[Yodrak 7]

omeysgirl,

Then read 9 FAM 40.41 Notes and 9 FAM 40.41 Procedural Notes, dealing with Public Charge. Also 9 FAM 41.81 Notes and 9 FAM 41.81 Procedural Notes dealing with Fiance(e)s including K3s.

Yodrak

Im curious about this subject as well.

[Minya's wife 24]

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....

Thank you Fwaguy, that is the point I was trying to get across. There is no YES or NO answer to your question, Dorothy.....it is subject to interpretation.

I understand that there is a discrepancy in the financial requirements for the I-134 and the I-864, but since those beneficiaries that come here w/ the K-1 visa (for which the I-134 is used) will very soon be needing to prove even more stringently(at AOS filing when the I-864 is required) that they will not become a "public charge" why risk it?? Just make sure you're at 125% of the Poverty Guidelines from the beginning, and you'll have nothing to worry about.

-P

Edited April 20, 2007 by Paula&Minya

[Kelechi 0]

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....

Thank you Fwaguy, that is the point I was trying to get across. There is no YES or NO answer to your question, Dorothy.....it is subject to interpretation.

I understand that there is a discrepancy in the financial requirements for the I-134 and the I-864, but since those beneficiaries that come here w/ the K-1 visa (for which the I-134 is used) will very soon be needing to prove even more stringently(at AOS filing when the I-864 is required) that they will not become a "public charge" why risk it?? Just make sure you're at 125% of the Poverty Guidelines from the beginning, and you'll have nothing to worry about.

-P

I think the answer is we are not sure if it is 100% or 125%.

[N/A 0]

yup, thats what I thought

[athena_ny 1]

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....

Thank you Fwaguy, that is the point I was trying to get across. There is no YES or NO answer to your question, Dorothy.....it is subject to interpretation.

I understand that there is a discrepancy in the financial requirements for the I-134 and the I-864, but since those beneficiaries that come here w/ the K-1 visa (for which the I-134 is used) will very soon be needing to prove even more stringently(at AOS filing when the I-864 is required) that they will not become a "public charge" why risk it?? Just make sure you're at 125% of the Poverty Guidelines from the beginning, and you'll have nothing to worry about.

-P

I think the answer is we are not sure if it is 100% or 125%.

No, the answer is that for the K1 it is 100%, but anyone who comes on a K1 will eventually have to file to adjust status and for permanent residency the requirement is 125%. So 100% will get you into the country without a co-sponsor, but you aren't going to get your green card without 125% without a co-sponsor. SO, if your significant other makes between 100% and 125%, it's a good idea to have a sponsor lined up for AOS so you're not scrambling at the last minute because you "never knew."

[omeysgirl 0]

I have a question. I have three daughters and only claim two on my taxes each year. All three of my girls live with me. Do I still count all of my girls, myself and my fiance? I plan on using a co-sponsor. But im a bit nervous because I really havent made that much in the last 2 yrs because I was a full time student and working part-time so my tax returns look really pathetic. My aunt who will co-sponsor makes about 50,000 a yr. How should I go about filling out the forms because ill have to do that REAL soon.

Thanks

[Minya's wife 24]

I have a question. I have three daughters and only claim two on my taxes each year. All three of my girls live with me. Do I still count all of my girls, myself and my fiance? I plan on using a co-sponsor. But im a bit nervous because I really havent made that much in the last 2 yrs because I was a full time student and working part-time so my tax returns look really pathetic. My aunt who will co-sponsor makes about 50,000 a yr. How should I go about filling out the forms because ill have to do that REAL soon.

Thanks

I believe you would have to count each of your girls, because for the purposes of the Affidavit of Support, the CO's are looking for the size of your actual household...who is living with you. Are you not claiming your third daughter because she is older(making her own money) and thereby not your dependent as far as IRS is concerned?

If you use your aunt as co-sponsor, then I believe the total income (yours and your aunt's) would be looked at vis a vis the # of people in the total # in the household. (You + 3 daughters + fiance + aunt + uncle? + anyone else in aunt's household?)

As far as filling out the forms, two sets of I-134 forms are to be filled out. One with your financials, and the other with your aunt's.

Good luck!

-P

[omeysgirl 0]

I have a question. I have three daughters and only claim two on my taxes each year. All three of my girls live with me. Do I still count all of my girls, myself and my fiance? I plan on using a co-sponsor. But im a bit nervous because I really havent made that much in the last 2 yrs because I was a full time student and working part-time so my tax returns look really pathetic. My aunt who will co-sponsor makes about 50,000 a yr. How should I go about filling out the forms because ill have to do that REAL soon.

Thanks

I believe you would have to count each of your girls, because for the purposes of the Affidavit of Support, the CO's are looking for the size of your actual household...who is living with you. Are you not claiming your third daughter because she is older(making her own money) and thereby not your dependent as far as IRS is concerned?

If you use your aunt as co-sponsor, then I believe the total income (yours and your aunt's) would be looked at vis a vis the # of people in the total # in the household. (You + 3 daughters + fiance + aunt + uncle? + anyone else in aunt's household?)

As far as filling out the forms, two sets of I-134 forms are to be filled out. One with your financials, and the other with your aunt's.

Good luck!

-P

Wow, thank you so much. Well I dont claim one of my daughters because I let her father do so. So I will make sure to add all of my girls. My aunt makes about 50,000. I have about $7,000 in savings. And even though my last two years of taxes have been under $10,000, I make about $27,000 right now at my part time job. Im looking for full time right now though. Needless to say, I was on a tight budget for a few yrs. because I wanted to finish school.

Anyway, so all together that would make a household of 7. My aunt claims my cousin even though hes away at college. Do you think that will be ok? Im so nervous about this next step because I got a letter saying that my fiance will recieve his packet within a week. So ill have to gather all the financial stuff together. Im assuming I have to fill out the I-134 forms (2 including my aunt filling out hers) but why do you have to fill out the I-184 later? That one is like 17 pages long. Very overwhelming.

Also my aunt doesnt live with me. She has her own home. Will that be a problem.

[rebeccajo 14]

The I134 is a subjective form; non-contractually binding; and is used by consulates more as a guide rather than steadfastly adhered to.

If you read the instructions you will notice how 'vague' the language regarding income sufficiency is. You will also note it doesn't reference 'household size' but does ask the sponsor to list the individuals dependent on them for support.

Because of these vagueries, consulates tend to apply different meanings to the term 'income sufficiency'. And different consulates will tend to ask for different proof of that sufficiency. A couple of consulates do not use the form at all.

The I864 is used 'later on' as a strict requirement of adjusting status. Start thinking of the different phases of immigration as just that - distinct different steps. Many people adjust status - not just visa holders. And more people adjust status from other types of visas than just K1, K3, etc. The 'tasks' to be performed for a successful status adjustment attempt to cover all bases needed to fit the criteria for an immigrant to be granted a greencard.

[N/A 0]

Well said Rebecca, I wonder about this: Because of these vagueries, consulates tend to apply different meanings to the term 'income sufficiency'. And different consulates will tend to ask for different proof of that sufficiency.

If the guy does not like what you have presented, am I gonna get a chance to prove I got more? Should I send everything I got first, could be over kill, or wait and see? Confirming some of the assets could take along time, and then getting them to the other side of the planet.... When I can meet 100% on income alone, but not 125% without some cash in the bank It is cash. should do it using I-864's new x3. But? .........

Thks

Jeff

[Minya's wife 24]

Well said Rebecca, I wonder about this: Because of these vagueries, consulates tend to apply different meanings to the term 'income sufficiency'. And different consulates will tend to ask for different proof of that sufficiency.

If the guy does not like what you have presented, am I gonna get a chance to prove I got more? Should I send everything I got first, could be over kill, or wait and see? Confirming some of the assets could take along time, and then getting them to the other side of the planet.... When I can meet 100% on income alone, but not 125% without some cash in the bank It is cash. should do it using I-864's new x3. But? .........

Thks

Jeff

Again, I think the answer to this question depends on the Consulate, and how strictly they choose to apply the guidelines. While the K-1 visa is a non-immigrant visa (that is why the I-134 is used) some consulates will still choose to apply immigrant visa standards to the income sufficiency issue. (They're thinking ahead, that the K-1 visa holder will have to adjust status very shortly anyways, so I'm thinking they want to make sure.)

If you are not sure of the process at your particular consulate (i.e. how stringently they are) I would send all you have. Better safe than sorry.

-P

[lovelive 0]

so you guys mean that the visa can be denied because of not support requierment

so what if your wife lived with you in your home country about 2 years ago, and you know just one friend in us and he doens not make enough money to co-sponsor you , but you still have some money in your account ($20thousand ) and your wife's acount about($12 thousand) and you guys own a home (cost $250 thousandafter selling it) .

does that enough or de we need an other co-sponsor beside the other , if the consulate not satisfied with all that does it gives time to find some thing else or denies the case

[lovelive 0]

so you that mean that the visa can be denied because of not support requierment

so what if your wife lived with you in your home country about 2 years ago, and you know just one friend in us and he doens not make enough money to co-sponsor you , but you still have some money in your account ($20thousand ) and your wife's acount about($12 thousand) and you guys own a home (cost $250 thousandafter selling it) .

does that enough or de we need an other co-sponsor beside the other , if the consulate not satisfied with all that does it gives time to find some thing else or denies the case

[lovelive 0]

so you that mean that the visa can be denied because of not support requierment

so what if your wife lived with you in your home country about 2 years ago, and you know just one friend in us and he doens not make enough money to co-sponsor you , but you still have some money in your account ($20thousand ) and your wife's acount about($12 thousand) and you guys own a home (cost $250 thousandafter selling it) .

does that enough or de we need an other co-sponsor beside the other , if the consulate not satisfied with all that does it gives time to find some thing else or denies the case