Jasin

Is the Affidavit of Support (I-134) required for a k1 visa petition? If
so how does one submit the affidavit if he or she does not work because
of a disability and is on ssi/ssa. Also, isn't there a minimum income
requirement that needs to be met in order to file the Affidavit? If
that's the case no one on ssi/ssa would even meet that requirement.
Is there a way around this? Is it not discrimination to make one meet
certain requirements their disability limits them from meeting?

Just Jenney

No, it is NOT required when filing the I-129F petition. But it IS required for the foreign fiance(e)'s K1 visa interview.

Being unemployed, regardless of the reason, does not exempt the USC fiance(e) from completing an I-134 affidavit of support. I THINK you can use SSI income to help meet the I-134 income requirements. Someone else might be better able to advise on that, though.

Yes. This depends on your household size (including the foreign fiance(e)) and where you live. Click HERE and look at the tables to determine what your minimum income requirement is. IMPORTANT: You need to look at the 125% column, NOT the 100% column.

Example: If you live in North Dakota and your housedhold size will consist only of you and your fiance(e), then you need to earn at least $16,500/year. That's gross annual income, not net annual income.

Yes and no. As the USC petitioner, you HAVE to complete the I-134, even if you don't meet the income requirements by yourself. There is no way around that.

If you don't meet the income requirements on your own, you can use a co-sponsor. They do NOT have to be related to you, but they DO have to be 1) at least 18 years old; 2) a USC or legal permanent resident currently residing in the US; and 3) have enough income to meet the minimum income requirement for THEIR OWN household size PLUS the foreign fiance(e). (The foreign fiance(e) does not have to live with them at any point, however.)

For example, let's say your friend agrees to be a co-sponsor. Your friend lives with his wife and their two kids. His own household size is four; add your fiance(e) and that makes it five. They live in Texas. The minimum income requirement for a sponsor located in Texas with a household size of five is $29,250/year.

I would say having a disability definately puts one at a disadvantage, but I don't believe that's the same thing as discrimination. For instance, I am a woman, and on average American women earn 30% less than American men earn for doing the same job. So, as a woman, I am possibly at a disadvantage. But I don't think USCIS is discriminating against American women because they have to meet the same income requirements that American men do for the same petitions. That's why co-sponsors are allowed, so if someone doesn't make the requirements on their own, they can have someone assist them.

~ Jenney


ps. Be aware that you can also use assets in lieu of income. I believe your assets must be worth five times the minimum income amount required for your household size. So, if you live in North Dakota and your household size is two people, that means your assets must be worth $82,500 ($16,500 x 5).

pps. Just a heads-up, that if the I-134 is an obstacle for you at the K1 stage of your immigration journey, you should also look ahead to how you're going to tackle the I-864 affidavit of support, which is completed when the foreign spouse (no longer a fiance(e)) files to adjust status to permanent residency.

Noorah101

All of Jenney's advice is right on the mark.

Also just wanted to mention that if the beneficiary is in the UK, he can "self sponsor" using his own cash or assets, for the K-1 visa. Email the London embassy and tell them your situation, the amount you wish to use, and see if that's acceptable to them. I recall others on here using some pretty low amount.

Please note this is for the UK only, that I know of. Other embassies might still require the I-134.

Also note, as Jenney said, you'll still need a sponsor/joint sponsor for the I-864 when it comes time to AOS in the USA.

Best Wishes,
Rene

scrubbedexpat099

It would help if you mentioned the Consulate involved, they have thier own rules and quirks.

I must admit I thought I had read that disability income was not income as such for this purpose, but I certainly would not be certain of it.

May be immaterial anyway, you need a co-sponsor.

Just Jenney

Duh -- might be nice if I actually provided a link to click!

2006 Poverty Guidelines For Immigrant Affidavit of Support

That's what I get for trying to be coherent at 4 o'clock in the morning!

~ Jenney