Noorah101

Yep, that's allowed. A K-1 is work authorized upon entry to the USA, for 90 days. (Hard to prove to an employer, but still legally allowed). When time comes to file the I-864, the alien's income can also be used.

But, the poverty guidelines are the same for the I-134 and I-864, so if the USC qualifies for the I-134, they will also most likely qualify for the I-864 when the time comes.

Rene

snowbunny

Well, that's one benefit to the K-1 route then, if the USC's sponsorship ability is marginal and the alien spouse can get a job in the 90 days.

Tracym

That's not quite true.

The USC spouse has the same responsibilities - it's just that the spouse's income can count.

When the K-1 holder arrives, he/she can work for 90 days.

When they are married, he/she applies for the EAD (work authorization). That takes maybe 2-3 months to arrive.

Since they will probably not be married on the day he/she arrives, there will almost certainly be a gap between the first 90 days and the arrival of the EAD.

jeffreyhy

sb,

K visas are non-immigrant visas, with regard to meeting the public charge provisions the non-immigrant policies apply.

The I-864 was created by an amendment to the INA about 10 years ago to toughen things up for immigration. It doesn't apply to the K visas, but K people don't escape because they get hit with it when they apply to immigrate (adjust status).

Search for posts on the subject by folinskyinla. He often provides historical tidbits that are interesting and enlightening, and I think he's mentioned things about I-864 a few times.

Regards, JEff

jeffreyhy

Rene,

No, the income guidelines are not the same.

From 9 FAM 40.41 Notes, N4.6-3.c
"The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (i.e., the 125 percent minimum income, the need for three years income tax returns), you must make a thorough evaluation of other factors, ..." The emphasis is mine.

Regards, JEff

Noorah101

Oh, thanks Jeff. I didn't know that! In 2003 when I did an I-134, my attorney at the time gave me the Poverty Guideline to use as the qualifying income guide.

Rene

jeffreyhy

Rene,

It is the safer thing to do.

Or maybe we're talking past each other here, as a result of using slightly different terminology. Just to be sure,
- Sponsoring a K visa requires 100% of the Poverty Guidline, and other factor not quantitatively defined are to be considered as well (highly subjective).
- Sponsoring an immigrant visa or AOS requires 125% of the Poverty Guideline, and other factors are also strictly defined (little subjectivity).

Sometimes the subjectivity can help, sometimes it can hurt.

Regards, JEff

Tracym

For the AOS sponsor - what other factors are you referring to?

snowbunny

If the K-1 can work for any of the time they spend here before applying for AOS and having to file the I-864, I think that's an advantage because the income can count. If the spousal beneficiary of a CR or IR visa is waiting (and working) abroad, their income cannot count for purposes of the I-864 unless it will continue once the spouse moves to the US (which is somewhat unlikely).

A small point, perhaps, but one that could prove important if the alien spouse is the one with the career that will support the couple, and the USC spouse can't pass the slightly higher hurdle of the I-864.

lofty79

OK, so if she sends the completed form, along with;

a couple of recent bank statements
a letter from her employer stating all the necessary…
a couple of recent pay stubs
and maybe last couple of years tax returns

then that should cover all the bases, and then some?

Should all this evidence be sent in duplicate form, i.e. copies, or are originals needed for the interview? I’m guessing the letter from her employer will have to be original, but what about the other stuff?

Incidentally, does all of this have to be mailed to the embassy along with the completed check-list, or do I just need to take it to the interview with me? I know this will all become apparent soon enough, but I just thought I’d ask while I’m here

Cheers

Alan

Noorah101

On the other hand, the K-1 alien's income will only count if he's still employed at the time of the AOS interview, and the point Tracy made is valid...there will almost always be a gap between the 90-day work authorization and the 1-year EAD, which means the alien might lose that first job and have to find another one before the AOS interview, if they need that income to count towards the I-864.

Rene

Noorah101

All of that should be more than enough. You will bring the I-134 and supporting documents to the interview (not send it in with the checklist). Bring the originals and a photocopy of everything. They will keep the original I-134, probably the original letters, and a photocopy of the tax returns. They might want to see original W-2's, so make sure you have those as well, from the USC.

Rene

meauxna

Did you look up the document and information JEff posted?

Here's an article with the links, for everyone's reference.
I-134 and Overcoming the Public Charge Issue


Or find any posts from other London K-1s?

lofty79

Yes I did thanks - appears clear enough.

Thanks for everyone elses input too, it's much appreciated

Cheers

Alan

ps your link doesn't appear to work, but I found it anyway by searching as JEff suggested.
Link

jeffreyhy

T,

Using assets to complensate for inadequate income is one that comes quickly to mind.

Regards, JEff