Income requirements, money on bank account

[Lescanas 1]

Hello, all!

Me and my Fiance got recently engaged and are working towards our K-1 petition.

We have a convincing story and lots of pictures to prove it. However, I'm insecure about the income requirements.

He just moved out of his parents house, his family was on government aid and he was listed as a dependent until this year. He got a decent job, and he's working full time, but he will make only 400$ over the poverty line, should we get a co sponsor?

Also, since I'm sending him money to pay for half of the visa, I was considering sending some more to show better assets. If we have a couple thousands saved up on a bank account, would that make us look better? I'm not talking about making up for the income requirement, but to show more stability

I'm sorry if I sound desperate, I'm really scared about how this will go. Thank you for your attention!

[JoelThai 313]

4 hours ago, Lescanas said:

Hello, all!

Me and my Fiance got recently engaged and are working towards our K-1 petition.

We have a convincing story and lots of pictures to prove it. However, I'm insecure about the income requirements.

He just moved out of his parents house, his family was on government aid and he was listed as a dependent until this year. He got a decent job, and he's working full time, but he will make only 400$ over the poverty line, should we get a co sponsor?

Also, since I'm sending him money to pay for half of the visa, I was considering sending some more to show better assets. If we have a couple thousands saved up on a bank account, would that make us look better? I'm not talking about making up for the income requirement, but to show more stability

I'm sorry if I sound desperate, I'm really scared about how this will go. Thank you for your attention!

 

Sorry, but maybe some bad news...    It appear likely you will need to find a co-sponsor.   For K1 visa the petitioner will need to show 125% of Proverty Guideline unless they are active duty in the US Armed Forces, and 100% is acceptable.   If not, if your household size will be 2 (just you and him), he will need to show a yearly income of $20,575.

 

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

 

If the petitioner has liquid assets (essentially cash savings or bonds or other sellable (liquid) assets), they can be used to make up shortage of earned income.   The difference made with assets will need to be 5 times the amount his income falls short.

 

From the Brazil Embassy Web page:

 

"You must submit evidence showing that you and members of your family who will accompany you are not likely to become public charges while in the U.S. If you are going to use Affidavits of Support or job offer letters, make sure they were issued and signed within one year.

The petitioner may fill out an Affidavit of Support, Form I-134. The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc. One form is sufficient for all family members. You may present your own means of support.

Information referring to the minimum necessary income is available at the form I-864P"

 

https://br.usembassy.gov/visas/fiancee/the-interview-2/

 

 

Edited June 26, 2018 by JoelThai

[geowrian 22,336]

4 hours ago, JoelThai said:

The difference made with assets will need to be 5 times the amount his income falls short.

For a fiance/fiancee, technically that's the way it works. Although since a K-1 is associated with getting married and the I-134 is only a guideline, many times they will follow the 3x rule used for a spouse.

The final call is made by the CO based on the totality of the circumstances anyway.

[Lescanas 1]

9 hours ago, JoelThai said:

 

Sorry, but maybe some bad news...    It appear likely you will need to find a co-sponsor.   For K1 visa the petitioner will need to show 125% of Proverty Guideline unless they are active duty in the US Armed Forces, and 100% is acceptable.   If not, if your household size will be 2 (just you and him), he will need to show a yearly income of $20,575.

 

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

 

If the petitioner has liquid assets (essentially cash savings or bonds or other sellable (liquid) assets), they can be used to make up shortage of earned income.   The difference made with assets will need to be 5 times the amount his income falls short.

 

From the Brazil Embassy Web page:

 

"You must submit evidence showing that you and members of your family who will accompany you are not likely to become public charges while in the U.S. If you are going to use Affidavits of Support or job offer letters, make sure they were issued and signed within one year.

The petitioner may fill out an Affidavit of Support, Form I-134. The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc. One form is sufficient for all family members. You may present your own means of support.

Information referring to the minimum necessary income is available at the form I-864P"

 

https://br.usembassy.gov/visas/fiancee/the-interview-2/

 

 

I thought 125% was only for adjustment of status... But I understand why they would do it that way

 

I'm sorry to bother you again, but should we file using gross income or after taxes?

[JoelThai 313]

3 hours ago, Lescanas said:

I thought 125% was only for adjustment of status... But I understand why they would do it that way

 

I'm sorry to bother you again, but should we file using gross income or after taxes?

Part 1)

I have read some previous threads where posters have stated only 100% is required, but as @geowrian points out, each embassy may not treat everything equally.    Being that the Brazilian Embassy specifically refers to form I-864P, I would personally  defer to what it states:

 

"100% of HHS Poverty Guidelines For sponsors on active duty in the U.S. Armed Forces who are petitioning for their spouse or child"

 

"125% of HHS Poverty Guidelines For all other sponsors"

 

So, unless you are in the U.S. Armed Forces where 100% is acceptable, form I-864P states the need to meet 125% threshold.   My fiancees Visa will be processed through the Bangkok Embassy and they specifically state the need to meet 125% of HHS Poverty Guidelines.   

 

FWIW, the Bangkok Embassy states in their instructions  "The petitioner’s income must meet 125% of the Poverty Guidelines for immigrant visa applicants.".   But again, each Embassy may view this differently.   You might try looking in the South American subforum to see if the threshold amount for Brazil is discussed there, but the I-864P states 125% which Brazil references to in their instructions.

 

The South American subfourm can be found here.

http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

 

Part 2)

You bring up an interesting question as to whether the guidelines are for Pre-Tax dollars or Post-Tax.   I found an general official answer to that, and it depends....  My guess is this again may be determined by the Embassy.   You may try to contact the Embassy directly to see if they can provide specifics to their expectations.

 

From the HHS FAQ:

 

Are the Poverty Guidelines before-tax or after-tax?   Are they gross income or net income?  What definition of income is used with the Poverty Guidelines?

 

There is no simple answer to these questions. When determining program eligibility, some agencies compare before-tax income to the poverty guidelines, while other agencies compare after-tax income. Likewise, eligibility can be dependent on gross income, net income, or some other measure of income. Federal, state, and local program offices that use the poverty guidelines for eligibility purposes may define income in different ways. To find out the specific definition of income (before-tax, after-tax, etc.) used by a particular program or activity, one must consult the office or organization that administers that program.

While there is no standard definition of income for program eligibility purposes, the Census Bureau uses a standard definition of income for computing poverty statistics based on the official poverty thresholds. More information is available on the Census Bureau’s web site.

 

https://aspe.hhs.gov/frequently-asked-questions-related-poverty-guidelines-and-poverty

 

 

Edited June 26, 2018 by JoelThai

[Lescanas 1]

29 minutes ago, JoelThai said:

Part 1)

I have read some previous threads where posters have stated only 100% is required, but as @geowrian points out, each embassy may not treat everything equally.    Being that the Brazilian Embassy specifically refers to form I-864P, I would personally  defer to what it states:

 

"100% of HHS Poverty Guidelines For sponsors on active duty in the U.S. Armed Forces who are petitioning for their spouse or child"

 

"125% of HHS Poverty Guidelines For all other sponsors"

 

So, unless you are in the U.S. Armed Forces where 100% is acceptable, form I-864P states the need to meet 125% threshold.   My fiancees Visa will be processed through the Bangkok Embassy and they specifically state the need to meet 125% of HHS Poverty Guidelines.   

 

FWIW, the Bangkok Embassy states in their instructions  "The petitioner’s income must meet 125% of the Poverty Guidelines for immigrant visa applicants.".   But again, each Embassy may view this differently.   You might try looking in the South American subforum to see if the threshold amount for Brazil is discussed there, but the I-864P states 125% which Brazil references to in their instructions.

 

The South American subfourm can be found here.

http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

 

Part 2)

You bring up an interesting question as to whether the guidelines are for Pre-Tax dollars or Post-Tax.   I found an general official answer to that, and it depends....  My guess is this again may be determined by the Embassy.   You may try to contact the Embassy directly to see if they can provide specifics to their expectations.

 

From the HHS FAQ:

 

Are the Poverty Guidelines before-tax or after-tax?   Are they gross income or net income?  What definition of income is used with the Poverty Guidelines?

 

There is no simple answer to these questions. When determining program eligibility, some agencies compare before-tax income to the poverty guidelines, while other agencies compare after-tax income. Likewise, eligibility can be dependent on gross income, net income, or some other measure of income. Federal, state, and local program offices that use the poverty guidelines for eligibility purposes may define income in different ways. To find out the specific definition of income (before-tax, after-tax, etc.) used by a particular program or activity, one must consult the office or organization that administers that program.

While there is no standard definition of income for program eligibility purposes, the Census Bureau uses a standard definition of income for computing poverty statistics based on the official poverty thresholds. More information is available on the Census Bureau’s web site.

 

https://aspe.hhs.gov/frequently-asked-questions-related-poverty-guidelines-and-poverty

 

 

Thank you very much! I'm going to figure out what to do now! You've helped a lot