fogga4000

Hey guys
Can anyone help please, I have just recieved(last week) my package three for a k1 visa after only just over a month of first applying(feb 13th), so firstly for anyone filing now hopefully the system is speeding up. My question is though i'm an english guy marrying a usc, how much does she need to earn to be my sponsor? We have no children or dependants just us two. and if she does earn enough is it best to have a cosponsor as well or is it not necessary?
Thanks guys

Noorah101

Go to www.uscis.gov, Immigration Forms, I-864P, and follow those guidelines.

The form is I-134, but you can use the above guidelines for income.

If she meets the income requirement, there is no need for a joint sponsor.

Best Wishes,
Rene

fogga4000

Thanks for the rapid response Rene, so am I right in thinking she needs to earn $17500 dollars per year to be my sponsor? Sorry about keeping having to ask.
Also I know I can only speak for myself but after reading a lot of other posts on here can I just say how grateful I am for your responses to all posts, you really help a lot of people and save a lot of stress and worry so thanks again Rene and other regular responders

Noorah101

If 17,500 is the 125% column for a family of 2, and it's just the 2 of you, then yes, that's all she needs.

She should send you the original signed and notarized I-134, photocopies of her last 3 tax returns, an original employment letter stating how much she earns, and maybe several months worth of pay stubs.

And you're welcome. This forum helped me get all the way through our very lengthy K-1 process and subsequent AOS, so I am also grateful to everyone on here. I'm glad I have a chance to give back.

Rene

Tracym

I have always seen it posted on this forum, that you just need the minimum income. Interesting though...

Previously posted was a link to the Field Adjudicator's Manual (the FAM):

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

In this is included:

"The Form I-864 does not require sponsors to submit evidence of assets, if income alone is sufficient to meet the minimum 125 percent requirement. The mere fact that the petitioner and or sponsor has met the minimum requirement, however, does not preclude a finding of ineligibility under INA 212(a)(4)."

"If a petitioner or sponsor meets the minimum income requirements, no joint sponsor may submit Form I-864 unless you or the immigration officer specifically requires it."

It appears it is discretionary, not simply that a fixed amount guarantees approval (which is what I've heard from an attorney also).

Noorah101

You mean just the 100% column? That could very well be true, I'm not sure. 125% would be the "better safe than sorry" route. lol

This happened to a friend of mine who came in on a K-1 and then was working by the time the I-864 was needed for AOS. The USC did not work, did not have income, but the alien husband had been working 6+ months and earned over the required amount. Since they were married, it was allowed that his income could be included on the I-864, and he did an I-864a accordingly. At the AOS interview, the officer wouldn't accept it, and required them to get a joint sponsor. Fortunately, the same person who was a joint sponsor on his I-134 for the K-1, agreed to again be a joint sponsor for the I-864.

Rene

Tracym

Actually, I even meant the 125% column.

It's interesting, it appears it can be quite arbitrary at times.

I think people who might be borderline (low end of the income scale, or using assets or such) should be aware of the possible problem, and have a co-sponsor lined up if possible.

meauxna

This OP is talking about a K-1, which precludes the I-864 though. Am I missing something else here?

Tracym

No, you are right, and I am apparently having "stupid day" here. I think I will give up

I was thinking of AOS, I apologize.

Interesting issue, but wrong thread.

meauxna

Bride Brain, I say.. you're still getting used to being Missus.

Tracym

Probably true.

I'm still tired from the mad dash of entertaining the in-laws. And then the mess of all the extra stuff around the house. And then the job-hunting....

Anyway, I think I need to think three times before posting on any serious topcs these days apparently

fogga4000

I'm sure you were sent by God to baffle me Tracey, so just to clarify my fiancee earns more then the 125%, I'm ok to continue without a sponsor? Yes?

Tracym

I'm so sorry, didn't mean to do that - I'm afraid I was being busy being baffled myself. Ok, so now with my brain switched on....

Yes, I would think that you should be fine for the K-1 if your fiance earns more than the 125%.

What I was talking about is the NEXT step after the K-1 - when you arrive in the U.S., marry, and apply for Adjustment of Status to a permanent resident.

While the guideline still says the 125% should be fine, some people have apparently been hassled if they're close to the income line, are using assets to supplement income, etc. and have been required to get a co-sponsor for the AOS process. Apparently for this, the 125% is a GUIDELINE, not a fixed amount that guarantees approval.

ian-mstm

A bit like the Pirate's code, eh... "the code is more what you'd call 'guidelines' than actual rules". Hmm.. Pirate's code... USCIS... Pirate's code... USCIS... am I the only one who sees a connection?

Ian

Tracym

Sounds like it

Until just recently, I thought it was a fixed requirement. Apparently not.