K1 Fiance Visa Help

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Old Feb 12th 2019, 7:22 pm
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Default K1 Fiance Visa Help

Hi I am a UK citizen and my fiance is a US citizen and we are looking for some advice on the K1 fiance visa.

We are looking at using a sponsor because my fiance doesn't meet the income requirements and are trying to figure out how to calculate the household size. Basically her dad will be the sponsor and he will likely show evidence of cash savings and from what we have read this is related to household size. Her dad lives with my fiances mom in Wisconsin and also my fiance technically still lives there also. Our question is how many people are considered to be in this household for visa purposes and also do I count?

Thanks for any help. I'm sure we will be around here a lot over the next few weeks :P
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Old Feb 12th 2019, 8:25 pm
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Default Re: K1 Fiance Visa Help

I was under the impressions savings differ from income in terms of meeting a % requirement.

When you say your fiance technically lives there... Does she live there or does she not? You need to be concise when it comes to the process and not throw in technicalities
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Old Feb 12th 2019, 8:33 pm
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Default Re: K1 Fiance Visa Help

For sure it is Dad, Mom, and You (the immigrant). If the parents support your fiancee and claim her on their tax return, include her for a total of 4. Otherwise it will be 3 if she's self supporting.

For the I-134, income needs to be at 100% of the figure shown on the I-864P poverty guideline. I don't believe there is a hard rule on using assets on the I-134 (like there is on the I-864), but for a general ballpark, use 3x the amount of income needed.

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Old Feb 12th 2019, 8:38 pm
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Default Re: K1 Fiance Visa Help

Keep in mind the financial sponsorship rules change when doing AOS. At that time your wife will complete an I-864, and if she doesn't meet the income/ asset requirements, her father can be a joint sponsor and must complete his own I-864. The financial numbers are more strictly enforced as well.

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Old Feb 12th 2019, 8:49 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by BenK91
I was under the impressions savings differ from income in terms of meeting a % requirement.

When you say your fiance technically lives there... Does she live there or does she not? You need to be concise when it comes to the process and not throw in technicalities
She is 31 and her parents dont claim her as a dependant. She has been travelling for a couple of years so her parents house is her permanent home address in the US though she has only actually lived there for short periods occassionally in that time.

Our understanding so far is that assets ie. savings provided by a co sponsor, which would be her dad, have to be either 3 or 5 times (we cant figure out which) the poverty figure for Wisconsin?
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Old Feb 12th 2019, 8:54 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Noorah101
For sure it is Dad, Mom, and You (the immigrant). If the parents support your fiancee and claim her on their tax return, include her for a total of 4. Otherwise it will be 3 if she's self supporting.

For the I-134, income needs to be at 100% of the figure shown on the I-864P poverty guideline. I don't believe there is a hard rule on using assets on the I-134 (like there is on the I-864), but for a general ballpark, use 3x the amount of income needed.

Rene
She has zero income right now as she has been travelling for a couple of years ao the plan would be for her dad to provide evidence of assets to fully cover the requirement. We cant quite figure out that figure though. I have read both 3 and 5 times the poverty income figure for the state. I think its 3 times the amount for a spouse and 5 times for anything else but Im not 100% sure on that?

We are hoping her dad can provide evidence of assets for the full amount so we need to figure out what that figure is?
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Old Feb 12th 2019, 8:57 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Geobots


She is 31 and her parents dont claim her as a dependant. She has been travelling for a couple of years so her parents house is her permanent home address in the US though she has only actually lived there for short periods occassionally in that time.

Our understanding so far is that assets ie. savings provided by a co sponsor, which would be her dad, have to be either 3 or 5 times (we cant figure out which) the poverty figure for Wisconsin?
So don't count het in the household size.

For the I-134, the assets are considered on a case by case basis by the interviewing officer. 5x the anoint is a very good ballpark figure.

If her father will be a joint sponsor on the future I-864, then his assets will need to be 5x the amount lacking in income.

There is no co-sponsor for the I-134. Her dad is the only sponsor.

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Old Feb 12th 2019, 8:59 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Geobots

She has zero income right now as she has been travelling for a couple of years ao the plan would be for her dad to provide evidence of assets to fully cover the requirement. We cant quite figure out that figure though. I have read both 3 and 5 times the poverty income figure for the state. I think its 3 times the amount for a spouse and 5 times for anything else but Im not 100% sure on that?

We are hoping her dad can provide evidence of assets for the full amount so we need to figure out what that figure is?
Go with 5x as that's what will be needed eventually for the I-864 anyway. I wrote 3x in error, sorry.

Out of curiosity, does dad not have any income? Why using only assets?

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Old Feb 12th 2019, 9:01 pm
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Default Re: K1 Fiance Visa Help

The poverty guideline is Federal, so the state makes no difference (except Alaska and Hawaii, as outlined on the I-864P).

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Old Feb 12th 2019, 9:14 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Noorah101
Go with 5x as that's what will be needed eventually for the I-864 anyway. I wrote 3x in error, sorry.

Out of curiosity, does dad not have any income? Why using only assets?

Rene
Thanks so much for your help. We really appreciate it!

Her dad is retired. He may have a pension but we dont know. We just want to have the exact information for him before we go asking for help.

So my understanding is that the Poverty guidlines states a figure of 21,330 so we would multiply that by 5 to give us 106,650 dollars in assets? Is that correct?
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Old Feb 12th 2019, 9:23 pm
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Default Re: K1 Fiance Visa Help

Looks like $20,780 to me. X5 = $103,900. Keep in mind this figure will probably go up in 2019, so double check closer to the time the I-134 will be presented at the visa interview.

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Old Feb 12th 2019, 9:28 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Geobots


Thanks so much for your help. We really appreciate it!

Her dad is retired. He may have a pension but we dont know. We just want to have the exact information for him before we go asking for help.

So my understanding is that the Poverty guidlines states a figure of 21,330 so we would multiply that by 5 to give us 106,650 dollars in assets? Is that correct?
or for 125% of the poverty income amount it would be 26,662 x 5 = 133,310
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Old Feb 12th 2019, 9:36 pm
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Default Re: K1 Fiance Visa Help

Originally Posted by Geobots


or for 125% of the poverty income amount it would be 26,662 x 5 = 133,310
Again, I'm not sure which form you are looking at. If you Google I-864P you will find the current one. It shows, for a household of 3, at 125%, an income of $25,975 is needed. 5x that would be $129,875.

However, the Affidavit of Support for the K-1 visa is the I-134, which only uses the 100% figure as a guideline for income, and assets are considered on a case by case basis.

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Old Feb 12th 2019, 9:44 pm
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Default Re: K1 Fiance Visa Help

Geobots, just out of curiosity, in May 2018 you were looking at moving to Canada. I guess that didn't work out?

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Old Feb 12th 2019, 10:00 pm
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Default Re: K1 Fiance Visa Help

https://www.uscis.gov/i-864p

$20,780 is 100% for a household of 3.
$25,975 is 125% for a household of 3.

The above is for 2018. Figures will go up in Spring 2019.

Rene
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