Noorah101

LauraLou,

I started a new thread for your own K-1 visa questions, rather than tagging on to an existing person's experience. You will have your own series of questions, so better to have your own thread to follow.

Rene
Moderator

LauraLou07

Thanks Noorah I appreciate it

S Folinsky

For the required earnings by the petitioner, USCIS has published guidelines which can be found that this link.

Do note that the for the "Lower 48" there is no geographical factor in it -- it is the same money for Nebraska or New York City/San Francisco.

I note that OP says "roughly $20,000" per year. How "rough" is that figure? 20K is awfully close to the current requirement. Also, when I was in practice, it was quite common for people to misinterpret what "income" was for the purposes of an I-864. Without seeing those tax returns, it would be a matter of concern.

LauraLou07

she makes roughly $20,100 a year (give or take a few dollars), however combining our savings currently we have $9,000 which will only continue to grow over the next few months. Also, for the I-129F (visa interview) we will only need to supply the I-134 which asks for 100% of the poverty line, not the 125%, is that correct?

Noorah101

To my knowledge, the I-134 actually has no specific income/asset figure requirement. It will be up to the interviewing officer to decide if what you have is enough.

The interview will be for the K-1 visa. You wrote (I-129F), but there is no interview for the I-129F petition.

Rene

Noorah101

Combining your savings doesn't help with the I-134 requirements, because you aren't married, so your assets aren't joint. Unless you have enough assets to qualify on your own, your savings don't come into play. It will be the USC's income and assets that count.

Rene

LauraLou07

Could i not transfer my savings into her bank account so that it could contribute to her assets and savings?

Noorah101

As long as you put in writing that this is gifted money, that you do not expect to get it back. USCIS frowns on sudden large deposits, and need backup showing where the money came from.

Rene

ian-mstm

If you don't mind a quick trip to the US, you can get married on the VWP and then she can file an I-130 (instead of an I-129F) for a CR-1 (spouse) visa. It will take the same amount of time overall (plus the additional time for you two to get married), but you will become a US permanent resident immediately when you are admitted to the US with your immigrant visa - and will not have to adjust status.

This is advantageous for three reasons: 1) it eliminates the I-134 which is a crap shoot and depends on the interviewing officer; 2) you can combine your incomes/assets for the I-864; and 3) you'll be able to work right away without having to wait for employment authorization.

It will cost a bit more up front - because you'll have to travel to the US, but it'll probably be less expensive overall from application to green card. Anyway, something to think about.

Ian

LauraLou07

Thanks everyone for all the replies, its greatly appreciated! Reading everyone's responses has made me a little nervous though. So i would like peoples previous experiences, how much did their sponsor earn and was it close to the 125% poverty line guideline and whether they sent their partner over money to contribute to their savings, just to give me some perspective on whether i need to rethink the process. I hope this isn't too personal of a question, i apologise in advance if so. Thanks for everyones help!

Noorah101

You have said she earns approximately the right amount. Your first task should be to get an exact figure. As long as that figure is more than the 125% figure needed, you're safe, and don't even need to include savings.

People who don't meet the income requirements also have an option of someone else being the sponsor using the I-134.

Rene

LauraLou07

she earns exactly $20,800 ($400 a week) so we should be fine filing the I-134?

Noorah101

At the moment, yes. But don't forget this won't be due until you go for your interview, some 8 to 10 months from now. The poverty guideline figures go up a little each year (but then so could her income), so just double check the I-864P and her income again closer to your interview date.

Also, the I-134 does not strictly adhere to the I-864P guidelines, so there is more wiggle room.

Rene

ian-mstm

What other people did or how close they came, won't really help you. They are not you - and the 125% income requirement changes each year - so what was sufficient 5 years ago may be totally insufficient today.

For the I-864, the amount listed on the I-864P is the actual minimum level required. As long as she meets that minimum level (with income and/or assets), the I-864 will be accepted.

For the I-134, the I-864P is only a guideline and there's no specific minimum amount - so, the interviewing officer can either choose to accept what she earns or insist on a different sponsor. It's the officer choice. As an aside, if your income in the UK is substantially more than hers in the US, London will sometimes allow you to "self-sponsor".

The officer may say $20,800 is sufficient or he may not - and there's no way to know, in advance, which way he'll go. If he says that $23,800 is sufficient, then your combined savings of $9,000 will satisfy that $3,000 of income (assets = 3x $$). If he wants to see $25,000 then neither income nor combined assets will be sufficient and you'll need a different sponsor.


You can file the I-134, yes... but you won't know whether or not it will be accepted until the day you interview.

Ian

LauraLou07

Thanks Rene! I will be sure to do that