Lescanas

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

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?

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!

17 minutes ago, Boiler said:

Quality evidence is always best, if you need to use Facebook you have problems.

No, we have plenty of evidence, thank God. We met while I was at an exchange program so we have plenty of pictures together, including prom pictures and all.

I was just worried because I've heard about couples that got in trouble because they didn't have anything about the engagement on their Facebook

Hello guys! 

I am from Brazil and my fiancee is a USC, we're in a bona fide relationship and all we want is to do is live together.

However, we aren't that keen on showing off our life on internet. We do have a couple of posts about each other but I don't plan on posting anything about getting engaged or about our wedding. We're really young and most people don't approve our marriage, so posting about it would only result in enormous headaches. Both our families know and approve our relationship, we just don't want to deal with nosey people, especially since we're gonna live in a small town in Oklahoma.

Don't get me wrong, I'm not going to act single. I'm still posting some pictures with him and sharing funny stories every now and then, and it's still going to show "in a serious relationship with..." I just don't want to deal with people talking about our engagement/marriage.

Is that going to affect my case? Has everyone had their Facebook looked at? 

Hello, I am from Brazil and me and my boyfriend plan on getting engaged early next year. Our relationship is going great and we really want to be together, but I'm also worried about my future career-wise. 

I asked around about college in the US and found out that maybe my high school diploma wouldn't be valid in the country because of certain criteria like passing grades and specific classes. I understand the waiting time for a k1 Visa can go up to several months. So, can I use my waiting time to work on getting my high school validated? I plan on first getting it evaluated and taking online classes for the credits I need while I wait.

Would that raise red flags?

I understand that out of state tuitions are ridiculously high and they might consider I'm marrying only to pay the in-state ones, but I have plenty of proof my relationship is bona fide. Besides, if that was the matter I could go to college in my own country for free.

What do you think? 

2 minutes ago, Naes said:

No sweetie no. Don't worry.

what they did is not legal. No one will call them or even consider them. Do not even mention this rules! These are ridiculous you did nothing wrong!!

 

just write that you met during your exchange year and fell in love. This is the truth not what they put you guys through.

 

you did not overstayed. You did nothing illegal from what I understand. You don't even need to talk about or think about these people.

I'm so happy it didn't make you hate the country or the general population. 

I understand

Thank you for getting this weight off my shoulders!

I'm sorry for the reactions to your posts lol I was just seeing what those thingys did. 

You made me feel so much better! Thank you very much.

This exchange program did me wrong a lot of times... They even drug tested me without permission from my family and from what I've been told that's very illegal. I'm happy I don't have any contact with them anymore. 

Did you really make them apologize? Lmao that's great

2 minutes ago, Naes said:

Yeah they did the same to me in Japan... I am pretty sure they wanted to scare you.

 

they don't want babies basically... that's it. 

 

Simply, did you even go or meet to any kind of law officier? I'm sure no. 

Do they have legal binding to stop someone from communication??? No

 

for what is worth what they did to you by binding you to the house and telling you false information and threatening you is illegal. 

I understand, I felt they were just doing their best to scare me but I was so scared of never seeing my boyfriend again that I just obeyed them without much questioning. Do you think they will contact my school/exchange program to ask about it?

5 minutes ago, Naes said:

No it won't! It is not a real probation I believe it is one of those weird hosting rules? Which system did you use? (Rotary clubs has no dating rule for one I know)

 

It was ISE

When I first got to the us me and the other exchange students were told we weren't allowed to have sex, so I thought I was fine as long as we didn't do it, but then later on my representative told me I wasn't allowed to date at all and they told me I would be sent to Brazil and wouldn't be a allowed to be back in the US for 10 years if I violated my probation. 

I wasn't allowed to leave the house unless I was going to school or if my host parents were with me. 

Hello guys

I'm from Brazil and I have been dating a US citizen for almost a year now and we're planning on getting engaged when he comes down here for New year's to meet my family. 

I met him during my exchange program and I broke a rule by dating him. My host family found out and I was put on probation until I left. Will that affect my case? 

Also, I had problems with my host family during my last semester, and before I left I started making a lot of questions about staying longer. (I didn't tell anyone, but it was because I wanted to be with my boyfriend for longer)(yes I know it sounds stupid but the heart wants what it wants)

Will those things affect my case negatively?