US-resident's Income

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Old Jun 13th 2006, 12:43 am
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Default US-resident's Income

Are any restrictions imposed on how much the US-resident has to be earning per year before they'll allow an alien fiance to come over and get married? I can't see anything on the I-129F about this, nor have I seen people mention it at the later K1 (UK-side) or AOS stages.

Just curious - my US fiance and myself have lived together in the US (with me under the VWP) for 6 months now so we know there aren't any income problems - and that's without me getting a job (as I would after we're married). But whether the Government have their own idea of what income level is needed, I don't know?

thanks!

Jules
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Old Jun 13th 2006, 12:51 am
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Default Re: US-resident's Income

Originally Posted by jules_r
Are any restrictions imposed on how much the US-resident has to be earning per year before they'll allow an alien fiance to come over and get married? I can't see anything on the I-129F about this, nor have I seen people mention it at the later K1 (UK-side) or AOS stages.

Just curious - my US fiance and myself have lived together in the US (with me under the VWP) for 6 months now so we know there aren't any income problems - and that's without me getting a job (as I would after we're married). But whether the Government have their own idea of what income level is needed, I don't know?

thanks!

Jules
Jules, are you asking for yourself? Where are you now?

Regardless. Income is not an issue at the petition stage (I-129f). It will be at the visa stage. And again at the AOS stage. See the Affidavits of Support I-134 and I-864.
The required Poverty Guidelines are published as form I-864P.
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Old Jun 13th 2006, 12:59 am
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Default Re: US-resident's Income

Originally Posted by jules_r
Are any restrictions imposed on how much the US-resident has to be earning per year before they'll allow an alien fiance to come over and get married? I can't see anything on the I-129F about this, nor have I seen people mention it at the later K1 (UK-side) or AOS stages.

Just curious - my US fiance and myself have lived together in the US (with me under the VWP) for 6 months now so we know there aren't any income problems - and that's without me getting a job (as I would after we're married). But whether the Government have their own idea of what income level is needed, I don't know?
K1...and living in the US under the VWP for 6 months? Want to be careful there...
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Old Jun 13th 2006, 1:27 am
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Default Re: US-resident's Income

Originally Posted by Bob
K1...and living in the US under the VWP for 6 months? Want to be careful there...
It must sound so much better from you.. I deleted that from my post.

I think it's not "living' as much as "visiting".
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Old Jun 13th 2006, 3:15 am
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Default Re: US-resident's Income

Originally Posted by meauxna
It must sound so much better from you.. I deleted that from my post.

I think it's not "living' as much as "visiting".
aye, must be careful that its' only a visit...and not longer than 90 days on the vwp....overstays can play havoc...
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Old Jun 13th 2006, 5:55 am
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Default Re: US-resident's Income

Originally Posted by jules_r
Are any restrictions imposed on how much the US-resident has to be earning per year before they'll allow an alien fiance to come over and get married? I can't see anything on the I-129F about this, nor have I seen people mention it at the later K1 (UK-side) or AOS stages.
Are you being serious? You have 7 posts already on BritishExpats and you haven't heard of the I-134 and I-864 affidavits of support?!? Are you actually READING the other posts on here?? Based on the above comment and those in your other posts, it certainly doesn't seem like it.

Please..... For everyone's sake, mostly your own, read the FAQ.


Just curious - my US fiance and myself have lived together in the US (with me under the VWP) for 6 months now so we know there aren't any income problems - and that's without me getting a job (as I would after we're married). But whether the Government have their own idea of what income level is needed, I don't know?
Wrong. The VWP is for visiting, not residing. Tread lightly!

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Old Jun 13th 2006, 10:27 am
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Default Re: US-resident's Income

Originally Posted by Bob
aye, must be careful that its' only a visit...and not longer than 90 days on the vwp....overstays can play havoc...
Oops, yeah, I should have clarified - that's two separate 90-day trips ou there :-) (actually, I think I stayed about 85 days each time, but close enough to 6 months in total)

cheers

Jules
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Old Jun 13th 2006, 11:13 am
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Default Re: US-resident's Income

Originally Posted by meauxna
Jules, are you asking for yourself? Where are you now?

Regardless. Income is not an issue at the petition stage (I-129f). It will be at the visa stage. And again at the AOS stage. See the Affidavits of Support I-134 and I-864.
The required Poverty Guidelines are published as form I-864P.
Hmmm, we're probably OK then. My US fiance is earning less than the gov't guidlines (even though *we* know we can do it), but I've got some cash I can bring over which will make up the difference for a few years at least (and of course I'll be getting a job soon as I can legally work anyway!).

I just can't find anything that says how much cash is needed in order to qualify. It just says enough to be above the poverty line - but not for how long. Presumably they can't assume that I'll never get a job, so at the moment I'm guessing they want you to show that you can support yourself for (say) a couple of years while you find work? I can't imagine anyone bringing over enough money to support themselves without working for the rest of their life! :-)

Do you have a reference to the I-134 handy? It's not listed on the USCIS website.

cheers

Jules
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Old Jun 13th 2006, 12:07 pm
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Default Re: US-resident's Income

Originally Posted by jules_r
Do you have a reference to the I-134 handy? It's not listed on the USCIS website.
You seem to be one of those who prefers others to do their work for them. Google is your friend. Here's a hint... type "i-134" and you'll get a wealth of information.

Ian
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Old Jun 13th 2006, 12:28 pm
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Default Re: US-resident's Income

Originally Posted by jules_r
I just can't find anything that says how much cash is needed in order to qualify. It just says enough to be above the poverty line - but not for how long. Presumably they can't assume that I'll never get a job,
cheers
I cannna take it ..if there is just the two of you, the amount at 125%
of the 2006 poverty line will be $15500
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Old Jun 13th 2006, 12:52 pm
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Default Re: US-resident's Income

Originally Posted by Jenney & Mark
Are you being serious? You have 7 posts already on BritishExpats and you haven't heard of the I-134 and I-864 affidavits of support?!? Are you actually READING the other posts on here?? Based on the above comment and those in your other posts, it certainly doesn't seem like it.
Heard of them, hadn't had a chance to look at those particular forms yet though (just the I-129F and G-325 ones) - we only really got stuck into this last Wednesday or so, so I'm still trying to make sense of the whole procedure :-)

I've read the FAQs and don't remember them saying anything about income mattering, but maybe I missed that bit :-(

cheers

Jules
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Old Jun 13th 2006, 1:04 pm
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Default Re: US-resident's Income

Originally Posted by Ray
I cannna take it ..if there is just the two of you, the amount at 125%
of the 2006 poverty line will be $15500
She's got 3 children from a previous marriage, so that's $29,250, not $15,500 (otherwise we'd have no problem!). Quite a significant leap!

It seems that they don't discriminate between children and adults, nor do they take into account other factors that influence expenditure (whether you own your own house, how far you have to commute to work and hence fuel costs etc.). Not that I can complain; that's just the rules and the way it is.

We can put covering info about expenditure (and us having lived together so we know we can afford it even if I wasn't working) in with the I-864, which hopefully will carry some weight, but it all seems horribly vague at the moment with no way of telling what the outcome will be.

I can easily bring enough money with me so that we're well above the line for a good few years, but they don't say how much is "enough" so I can't rest easy yet (unless all they care about is that you have proof enough income *at the point of application*, but that seems a little odd)

cheers

Jules
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Old Jun 13th 2006, 2:04 pm
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Default Re: US-resident's Income

Hi jules,

Go to www.uscis.gov, click on the left where it says "forms and fees", then click on "forms", then scroll down to find both forms I-134 and I-864. For now, you are concerned with the I-134 which will be required at your interview in London (I assume London, right?)

On the I-134, the USC must meet 125% of the poverty guidelines you were looking at. The USC's assets can come in to play if they are 5x the amount required. (say she's falling $5,000 short of the required amount. If she can show assets of $25,000, that's OK). OR, you can email London with the amount of assets YOU have (as in cash), and see if it's enough to "self-sponsor". It's not that you'd be making up the difference on her I-134...it would just be your assets London would be looking at. There is no set dollar amount that I know of in this case...others have emailed London with their amounts, and London either replies "sure, fine" or "not enough".

Once you come to the USA, get married, and are using the I-864 for AOS, then it's different. The USC sponsor must meet the financial requirement. If not, she can get a joint sponsor (who must qualify on their own right, not make up the different she is missing). If you have been living together 6 months or more by the time you have the AOS interview, then your combined income can be used, and the joint sponsor can be dropped. (AFAIK your VWP time spent here doesn't go towards your 6 months of living together...they mean after you arrive on the K-1.)

USCIS doesn't care about letters stating you intend to work and contribute to household income. They don't care how much you could be making in the future. They don't care about the expenditure of your money, only the income of it. They don't care how much money you will bring to the USA with you.

Hope that helps. Best Wishes,
Rene
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Old Jun 13th 2006, 4:11 pm
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Default Re: US-resident's Income

Originally Posted by ian-mstm
You seem to be one of those who prefers others to do their work for them. Google is your friend. Here's a hint... type "i-134" and you'll get a wealth of information.

Ian
But Ian, why do that when you can have others do it for you?!!

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Old Jun 13th 2006, 4:36 pm
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Default Re: US-resident's Income

Originally Posted by Noorah101
Hi jules,

Go to www.uscis.gov, click on the left where it says "forms and fees", then click on "forms", then scroll down to find both forms I-134 and I-864. For now, you are concerned with the I-134 which will be required at your interview in London (I assume London, right?)

On the I-134, the USC must meet 125% of the poverty guidelines you were looking at. The USC's assets can come in to play if they are 5x the amount required. (say she's falling $5,000 short of the required amount. If she can show assets of $25,000, that's OK). OR, you can email London with the amount of assets YOU have (as in cash), and see if it's enough to "self-sponsor". It's not that you'd be making up the difference on her I-134...it would just be your assets London would be looking at. There is no set dollar amount that I know of in this case...others have emailed London with their amounts, and London either replies "sure, fine" or "not enough".

Once you come to the USA, get married, and are using the I-864 for AOS, then it's different. The USC sponsor must meet the financial requirement. If not, she can get a joint sponsor (who must qualify on their own right, not make up the different she is missing). If you have been living together 6 months or more by the time you have the AOS interview, then your combined income can be used, and the joint sponsor can be dropped.
Hope that helps. Best Wishes,
Rene
Thanks for another useful post Rene :-) All the searchable info in he world doesn't make up for hearing from people who've actually been through the process - and I'm sure lots reading can remember how completely baffling the whole process seemed in the first few weeks that they started looking at it.

I'm sure it gets easier - but I'm glad there are those around willing to help (personally I hope to be hanging around here long after myself+fiance have sorted ourselves out, and be replying to the same idiotic questions that I'm now asking ;-)

cheers!

Jules

ps. don't know why I missed the I-134 on the uscis site this morning- too much panicing I think!
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