brian89

I would start calling after you hit the 5 mark point. They dont know that you're on Visajourney and they havent givin and formal information that they are out of the normal processing time frame. Go bug them!! Call! lol

Be sure not to confuse people... this is the position of Amsterdam and Amsterdam only... the second caution is that the 125% comes into play when you file the I-485, and for many applicants that is shortly after arrival on the K-1. So if it is not needed at the time of K-1 issuance, it is needed just a few short months later.

Thats very true, but atleast we will be together So I, filing for K1 in Amsterdam, dont have to worry about the 100% or 125% now?

Sorry for the double post but I think who wonder about the 100% or the 125% would like to see this, so I had to change the title of my topic!

Got this email today from the consulate in Amsterdam:

Mr: XXXXXX :

If you have read the K1 process correctly, the affidavit of support formI-134 - DOES not require the 100% or the 125%.

Form can be found on: http://www.uscis.gov...00045f3d6a1RCRD

The 100% or the 125% is only required for the form I-864 – this form is NOT required for the K1 fiance visa application.

Full instructions on the following web page: http://amsterdam.usc...ov/k_visas.html

Important notice: Your K1 application can only be processed upon receipt of the approved I129F petition by the USCIS office and the physical K1 visa file has been received from the National Visa Center - Your K1 visa petition has NOT YET been received at this office.

Fiance visa applicants are also advised: NOT to give up my job. dispose of property, or make any final travel and wedding arrangements until a visa is actually issued to me.

Immigrant visa unit

------------------------------------

Dear Sir/ Madam,

I'm currently in the K1 process and reading about the poverty guidelines for the I-134 form that we have to provide at the final interview at the consulate in Amsterdam. Do we need to show that the income is 100% or 125% of the federal poverty guidelines?

Sincerely,

Brian XXXXXX

What to think about this? Got this email today from the consulate in Amsterdam:

Mr: XXXXXX :

If you have read the K1 process correctly, the affidavit of support formI-134 - DOES not require the 100% or the 125%.

Form can be found on: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe3647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The 100% or the 125% is only required for the form I-864 – this form is NOT required for the K1 fiance visa application.

Full instructions on the following web page: http://amsterdam.usconsulate.gov/k_visas.html

Important notice: Your K1 application can only be processed upon receipt of the approved I129F petition by the USCIS office and the physical K1 visa file has been received from the National Visa Center - Your K1 visa petition has NOT YET been received at this office.

Fiance visa applicants are also advised: NOT to give up my job. dispose of property, or make any final travel and wedding arrangements until a visa is actually issued to me.

Immigrant visa unit

------------------------------------

Dear Sir/ Madam,

I'm currently in the K1 process and reading about the poverty guidelines for the I-134 form that we have to provide at the final interview at the consulate in Amsterdam. Do we need to show that the income is 100% or 125% of the federal poverty guidelines?

Sincerely,

Brian XXXXXX

It happens to almost everyone in a long distance relationship, its hard. Thats why not everybody can do it, stay strong and communicate well with the one you love!

From travel.state.gov:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Ok but with the co-sponsor do they have to sponsor just me or also my fiance? There family + me?

So knowing that she will make over the 125% poverty guidelines this year doesnt mean anything at all? Her 2009 tax return was something around $22,000 but because of school she couldnt work as much in 2010, but will make more in 2011. If her work just provides her a letter saying; this is what she will make this year etc, will that be ok?

Cause we kinna hate asking people to be realiable for us, knowing that we will have the money.

I would get a co-sponsor just to be safe! It is always better to have more than less when it comes to these things

What all does a co-sponsor has to provide? Just a I-134?

Dear all,

My fiance, the USC, picked up her W2 forms today and now we're concerend about something. She switched jobs in April of 2010, at her old job (up to April) she made $4000 and of April until December 2010 she made $11,400 so her total will be $15,400 ofcourse not enough for the 125% of the poverty guideline, but I read somewhere that some consulates and embassays except the 100% for the K1 visa interview and later ofcourse for your AOS you have to reach the 125%. Mind you that she is a senior in college, so the hing is, my she will be making more this year (in 2011) then she did in the year before, she will make over the 125% in 2011. Would it be ok if we just get a letter from her job stating what she will make in the year 2011? Or do we really need to get a co-sponsor? Or will we be ok because my consulate in the Netherlands excepts 100% of the poverty guideline and then we worry about the AOS interview later?

Thanks for the responds, much appreciated!

Again for some people who havent seen it, thanks for all the advice.

GOOD NEWS EVERYONE!!!!

We talked about it, after she woke up. She was just really down and couldnt see the end of the tunnel yesterday after she talked to her parents. We've been planning a wedding with the thought of her parents willing to help us out, like they said. She found out that her parents don't have the financial ability to support her right now, neither can my family because they are all planning to come to the wedding (family of 5). Her thinking was lets just wait another year so we both can save up some money for the plans we had already made. BUT its just a change of plans now. Basically she said in a email that she just wanted some support from me and that the wedding is still a go! We have aa budget and we're going to make the best of it. She's already planning about powerpoint presentations with our pictures on it haha!

Thanks everyone for your advice and help truw this stressfull day for me. August 6th 2011, is my weddingday!! Yeaaa!

Hurray! She's a reasonable woman! I'm happy for you!

(Also, sorry about assuming you were the USC sponsoring her, and ALSO, what part of Holland are you leaving behind? I grew up in Friesland and did my 3rd year of university in Groningen - I miss it a lot!!)

I live close by Den Haag

GOOD NEWS EVERYONE!!!!

We talked about it, after she woke up. She was just really down and couldnt see the end of the tunnel yesterday after she talked to her parents. We've been planning a wedding with the thought of her parents willing to help us out, like they said. She found out that her parents don't have the financial ability to support her right now, neither can my family because they are all planning to come to the wedding (family of 5). Her thinking was lets just wait another year so we both can save up some money for the plans we had already made. BUT its just a change of plans now. Basically she said in a email that she just wanted some support from me and that the wedding is still a go! We have aa budget and we're going to make the best of it. She's already planning about powerpoint presentations with our pictures on it haha!

Thanks everyone for your advice and help truw this stressfull day for me. August 6th 2011, is my weddingday!! Yeaaa!

Oh darling I do sympathize with you. How old are you? if you don't mind me asking. All I can say is be so careful as this is a big commitment financially as well as personally.

I'm 22.

How long has she been talking about postponing the wedding to be able to have a bigger/better one next year? If this has just come up in the last day or two, I really would just give her a couple of days to consider the options and what she really can and can't live without.

From personal experience, I find in the heat of a discussion that I want to win, I say things are perfectly reasonable or else entirely impossible one day and after venting with a few friends (who try to gently set me straight), and deliberating about the reality of a situation, sometimes my perspective changes.

If she is a reasonable person she will face the reality of your situation soon enough - she might not be able to have her "dream wedding" in August, but she can still have a beautiful wedding for $3500. Like others have said, it's just "stuff" after all, but these are memories especially SHE will cherish for a long time, so she has to figure out what she can ultimately be happy with.

I wouldn't go throwing out ultimatums about your relationship yet, though (unless this has been going on for months). Almost everyone fights about money during wedding planning.

She started to bring this up yesterday. After she had a talk with her famly, who wouldnt be able to pay for the wedding.

Oh God I so wanted to say all that you said. She is being so selfish and seems that the big wedding is more important than being with her man . Sorry if offends Brian but you need to seriously think about this relationship before paying any more money for visa.

Thats what's going on in my head too

Also when is she planning the wedding? Mine is this April and I did everything myself. I offer my services to help her out in creating a perfect wedding for that budget if you decide to push through with an earlier date

The wedding is (was) planned august 6th in Oklahoma, so feaking hot. Dont know about a outside wedding.

Thank you guys. Its kinna opening my eyes, not gnna lie. Im still like #######?? She rather want to be apart for another year then being together with me and having a small wedding, Cause she told me: "What is one year on the rest of our lives together?" And she gets upset with me that thats not what I want.

Hmm, that is a difficult position... maybe let her think it over for a couple of days and see if parents don't come forward with some money. Many of my friends hold a "Stag and Doe" party, like an engagement party, with drinks and games and prizes to fundraise for their weddings. Or maybe she'll be able to compromise in light of the reality of the situation.

This sounds like it'll be a difficult one to negotiate, but there'll be even more of this when you're married, so however you approach it, remember how much you love each other and treat each other well!

Her family is really poor, parents won't chip in at all! Just dont get it that she want to go truw this another year...another year apart only because she wants to have a bigger wedding. Just CANT see it.

If you already tarted processing the K-1 you have, I think, 6 months from the date it's issued in which to leave your country and then only 3 in the US to marry or it will expire. You would need to go through the whole process all over again and spend unneeded money if she insists on waiting another year. I don't see why you two can't just get married on paper, then do the whole shebang "real wedding" next year when she does have the money.

I know right!! But she doesnt want that...I dont know, country girl I guess.

Hey everyone,

Sad news, my fiance will not have enough money for the big wedding that she wanted. We prob have around $3500 to spend on the wedding.

She wants it all big white dress, cake, drinks etc. I was like, what if we get a small wedding and get a big one later when we have more money? She didnt want that because you only marry once.

Now she told me that we should wait a year to marry next summer, eventho we are already in the K1 process, Im a september filer. What do you think we should do? I cant go on like this, I was focused on getting married this summer and now it will be a year later. This is such a blow in my face. Its not that she doesnt want to be with me, not at all..she was crying and everything that she cant pay for the wedding.

What to do

Department of State policy is that the minimum income threshold for an I-134 sponsor is 100% of the poverty guidelines, but many consulates are known to apply the same standards as the I-864 when the I-134 is submitted for a K visa applicant. The 100% threshold is usually used for non-immigrant visas where there is no intent to immigrate, nor any requirement that the alien will ultimately need a sponsor who can submit a sufficient I-864.

Think about it this way. The purpose of a K1 visa is to allow the alien to enter the United States, marry their US citizen fiance, and adjust status to that of an immigrant. When they submit their adjustment of status application they are going to require an I-864 from a sponsor who meets the 125% income requirement. Why would the consulate give that alien a K1 visa if they provide a sponsor who can meet the 100% level but not the 125% level, knowing that the alien will not be able to adjust status after they arrive in the US?

The consular officer has discretion when making the 'public charge' determination. If you submit an I-134 from a sponsor who has income between 100% and 125% of the poverty guidelines, do not be surprised if you're told to get a joint sponsor who qualifies.

Thanks for explaining. Let me tell you how our situation is very quick. My fiance is a senior at college so she doesnt have a lot of time to work. She changed jobs in April, making at her old two jobs $8,000 up untill April and at her new job she made $11,400 for the rest of the year, so that adds up to be $19.400, thousand more then the guideline. I read somewhere it doesnt matter with how much she's over the guidelins, as long as she is!

Knowing that she will graduate in May means that she will be able to work more. We're going to get a letter from her employee saying how much she will make the rest of the year.

What do you think about this?

The consular officer has discretion with an I-134. Nobody can tell you for certain whether a consular officer is going to accept her affidavit of support as being sufficient. The closer she is to the threshold, the higher the odds that the consular officer is going to ask for a joint sponsor. This is why people are recommending that you have a joint sponsor's affidavit of support ready in case it's needed, and this is what you should do.

Someone on this forum told me that some countries want a 100% of the poverty guidelines and others 125%. I know for the AOS you need the 125%. But I found that that for the Netherlands its a 100%. Is this true?

Doesn't matter that she's only earned that much "so far".

So for instance, what does her 2009 tax return say? How much does that say? She would also include a letter from her employer saying when she started, her position title and how much she earns annually OR if she doesn't have an annual amount then the number of hours she works (per week or month or something) then the amount she earns per hour. If she included her pay stubs that would help showing that her CURRENT income exceeds the amount.

It doesn't matter that "to-date" she hasn't earn $18,212 at the current job, it matters that in following years she makes above the amount.

Lets say for example, I work at a job that pays me $20K per year but I haven't worked there for 12 months yet.. my "income" is still $20K per year. I would provide a letter from employer stating my annual wage and I'll be fine. My husbands I-134 letter was a letter from his employer stating he worked a minimum of 40 hours a week and what his wage was. That was fine.

It will all be okay.

haha hope it will be ok lol! Thanks for explaining tho.

Her 2009 tax-return was I believe $22,500. This years (2010 tax return) amount will be around $20,000. $11,500 new job, rest old job.

When we did adjustment of status my husband had the previous year (for the "most recent tax year") studied full time but still worked as much as he could and because of that we only made over the requirement by about $1,000 but we were approved without interview or RFE.

When we did the K1 he'd been working full time the previous year so we were fine. Over is over, they don't care by how much.

Even if she changed jobs and at her new job she hasnt made the $18,200 yet?

But with both jobs combined she makes over that.

Usually it's on your country's website but if you can't find it you assume 125%.

I went to the Netherlands website here: http://amsterdam.usconsulate.gov/k_visas.html then clicked on the more info link that led here: http://travel.state.gov/visa/immigrants/types/types_2994.html and then in turn clicked on the financial info that led here: http://travel.state.gov/visa/immigrants/types/types_2994.html#9 which states that 100% is needed.

To be safe though, seeing that you need 125% for the Adjustment of Status when applying for the GC once in the US, I would make sure to prove you earn that amount.. though it's not REQUIRED for your country, it would certainly make me feel safer to avoid a possible RFE

Thank you for looking that up!! She makes above the 125% guideline but only by a couple of thousand (she's a senior in college). She also changed jobs this year, made 11,500 this year at her new job, but with her old job added she makes enough to meet the requirments.