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K1 Visa Income Requirement

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Hello, 

 

My partner and I are going to file by June the latest next year and so I am beginning to do research and really trying to understand everything necessary. My biggest concern is regarding the income requirements mainly because we will NOT be getting any help with co sponsors at all. 

 

I did not make the 125% the past two years but for sure before this year ends I will be over the 100% mark. I recently started a new job that will put me above the 125% requirement but I am wondering how I am able to prove this during her interview? Do I provide pay stubs? Ask my employer stating how much I make per hour & that it is a full time job? 

 

Thank you. My partner and I are very new to all this and trying to prepare as much as we can. 

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For the I-134, Affidavit of Support, for the K-1 Visa, the requirement is 100% of the HHS Poverty Guidelines.

 

For the I-864, Affidavit of Support, for the Adjustment of Status, the requirement is 125% of the HHS Poverty Guidelines.


Yes, do provide an employment letter and pay stubs.

 

"A signed statement from your employer on business letterhead that states the date and nature of your employment, salary paid, and whether the position is temporary or permanent."

 

Source: https://www.uscis.gov/i-134

 

I don't know how the U.S. Embassy or Consulate that your fiancé(e) will be applying at is--some are more stringent than others.

 

Here's the link to your regional sub-forum: https://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

 

You will find more pertinent information there.

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Future income cannot be used to support you now. Neither can past income. They will care about current income first. At the time you present the I-134, it needs to show the petitioner's current income...that is how much they are earning at that time. The past income may be considered for the public charge piece as well, but current income is what is required.

 

It may be wise to seek a co-sponsor for now. Then if the petitioner does land a job paying better by the time AOS comes around, they can qualify on their own. The I-134 is not binding, and they do not need to use the same sponsor (or any other sponsor at all) for AOS after marriage.

 

You are required to complete Form I-134. If the income reported on this form or your tax return reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include the following documents:

  • For those who are employed by an individual or company, submit a photocopy of an employment letter, pay stub, or pay advance (direct-deposit receipt) that meets the criteria below:
    • Includes your name and the company’s name;
    • Is on signed, business letterhead (you cannot sign the letter yourself); and
    • Is issued within the last three months.
  • For those who are self-employed, obtain a photocopy of one of the following:
    • Your business license.
    • A signed letter on business letterhead that was written within in the last three months.
    • A contract between you as an independent contractor and a company.
  • For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
    • retirement benefits;
    • other household members' income; or
    • other significant assets.

 

EVIDENCE OF SUPPORT: You must submit any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Visa petitioner (US Citizen) will have to complete form 1-134. If the petitioner does not qualify as a sponsor, a Joint-Sponsor should ALSO be presented (any US Citizen living in the US or Legal Permanent Resident), who will also have to complete form 1-134. Both, the Sponsor (Petitioner) as well as the Joint-Sponsor, will have to present last year's income tax return transcripts. W2 form and proof of current and sustainable income (e.g letter of employment on letterhead including salary and start date, most recent salary receipts, bank accounts, value of properties, etc.). You may download the 1-134 affidavit at: https://www.uscis.gov/i-134 Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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If you are struggling to meet 125% of the poverty level, have you considered whether the K-1 visa is right for you? Have you considered how you are going to support another adult for several months who cannot work and will need healthcare plus the costs of AOS

 

Although 125% of the federal poverty level

will pass muster at the embassy and the AOS process (assuming no major rule change between now and then), whether it is possible to live on that amount is another question. Too many applicants focus too heavily on just scraping through the financial requirements for approval and not the practicalities of day-to-day life on such a modest income. Two completely different things.

 

Edited by JFH

 

 

 

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