When a
US citizen petitions his foreign fiance (fiance visa/k1 visa) or wife (spouse visa/k3) to come to the
United States, he or she must fill out an affidavit of support.
There are two “affidavits of support” that will need to be done, the I-134 (k1/k3) and the
I-864 (green card). So which one do you do and what is the
difference between the two?
Poverty Guidelines for form i 864:
http://aspe.hhs.gov
Official US poverty guidelines: http://aspe.hhs.gov
I-864, Affidavit of
Support Under
Section 213A of the
Act. Is an affidavit of support filed for immigrant spouse visa application. It is for a
US Citizen and his immigrant wife who is already married. According to the i864 instruction, it is for the following:
1. All immediate relatives of
U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older)
3. Employment-based preference immigrants in cases only when a
U.S. citizen, lawful permanent resident, or
U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
During the foreign fiance’s interview, he/she must submit all requirements for
Evidence of Support presenting the petitioner’s form
1040 Federal Income Tax Return, W2’s, certificate of employment, pay stubs or bank statement showing his/her current salary. The consular officer will review all the papers submitted. After the evaluation, if the CO thinks the petitioner’s income does not pass the poverty guidelines of
100 percent for k1, he/she is going to request for an additional sponsor. The CO will not be able to proceed in granting a visa for a foreign fiance if the US petitioner fails to present another sponsor to add to his/her income.
http://www.uscis.gov/sites/default/fi
...
i129f
Important:
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a
Form I-864A,
Contract between
Sponsor and Household
Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
You may count the assets of the relatives you are sponsoring.
Responsibilities as a Sponsor
When you
sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.
Note:
Divorce does NOT end the sponsorship obligation
.
If the individual you sponsored receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.
Edit this part.
Do i134 and i864 have the Same Income Requirements?
No. I-864 requires 125% of the federal poverty guideline minimum income requirement, the most recent year’s tax return to the
USCIS. I-134 is presented to the
US Embassy Consular Officer and requires 100 percent of the federal poverty guideline as evidenced by 1040, w2/1099, employment verification, and bank statement (if applicable) as well as proof of a relationship.
Applicants presenting Form I-134 will need to show that their
U.S. sponsor’s income is 100 percent of the federal poverty guideline. NOT 125 percent which is for the Form I864 Affidavit of Support.
For more information about k1 fiance visa, its fees and process, click the link below.
See more:
http://visaapproved.us/
http://efilipinowomen.com
Visa Approved Group:
https://www.facebook.com/groups/k1visaAos/
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- published: 25 Oct 2015
- views: 1982