biggish data

welcome, its just pre-interview jitters lol we all get that

Hahahahaha... True! True! True! I always get all those" WHAT Ifs " in my mind.. hehehehehe..

Thank you guys and if somebody here who disagrees with the current replies, pls feel free to post on my thread, it won't be seen as bad... I just want to hear all sides... I do hope though that there's no bad side but if there is... my ears are open for it.. hehehehe.. So far.. all replies looks promising and good

Thanks..

merkin®ine

Female

Philippines

2011-11-20 21:01:00

I think you are good to go Dude. Just do not hastle yourself.

Thank you so much.. I guess I'm kind a perfectionist guy...

so thank you so much.. You're replies are greatly appreciated and took out the stress that I've been thinking for quite a while now..

I'm happy

merkin®ine

Female

Philippines

2011-11-20 20:03:00

Thank you..

merkin®ine

Female

Philippines

2011-11-20 19:29:00

you have the divorce decree it should be all fine. as long as you are legal;ly divorced and have all the necessary documents to prove that then you're good to go.. and no this wouldn't be a barrier for your fiancee to have her us visa so nothing to be worried about

Yohooo! Thank you.. Replies are very promising so far and Yup! I do have a valid divorce decree and I sent it with my I-129F application.. USCIS have it already and they know that it's legitimate as the petition is already approved..

Thank you so much for your prompt replies.. You guys are stress reliever..

merkin®ine

Female

Philippines

2011-11-20 19:27:00

No problem. Philippine law for marriage no longer applies to you because you are now USC and in the eyes of US law, you are free to remarry.

As long as your fiancee is legally single, then no other issues.

Yeheyyyy! Sounds good! You just took out a heavy burden on my head now.. I hope this is really true but legally it is quite right..

I'm just afraid that this could block our petition and Yup! My fiancé is legally single and can easily get a CENOMAR..

Thank you so much for your reply.. Any opinions on my case is greatly appreciated.. I want to hear all sides..

Edited by merkin78, 20 November 2011 - 07:23 PM.

merkin®ine

Female

Philippines

2011-11-20 19:22:00

To all VJ's.

Our situation here is that... I am the petitioner and came to US via CR1 about 11 yrs ago coz I was Married to a fellow Filipina who was an American Citizen and our Marriage took place in the Philippines. To make the story short, our Marriage didnt work out and got divorced finalized this year after 10 + yrs of rollercoaster Marriage., although we've been separated since late 2009. By the time we were divorced, we both are american citizen. Then last september 2010, I met a wonderful girl in the Philippines while I was vacationing and fell in love with her. so then, right after the divorce from my x wife was finalized mid this year, I did file the I-129F and just got approved last week. We are now preparing for the interview but my concern is that, would the US embassy in the Philippines look over my marriage that took place in the Philippines as it is not recognized yet in the Philippines? But it's legally ended in US through a divorce decree. We both can freely get married in US.. this is for sure but not in the Philippines until we file the recognition of our divorce. Do you guys think this would be a hindrance from giving my filipino fiance a K1 visa?

Do we have any situation here that's similar to mine? Pls help us for us to prepare for documents need on my fiance's interview. Thank you so much....

merkin®ine

Female

Philippines

2011-11-20 18:56:00

CENOMAR for USC??

I reviewed a few past posts here and so far it seems that a USC has to have a document of Legal Capacity to contract Marriage from the USEM before they can get a marriage license and get married in the Philippines. It was some time ago, but I got married in the Philippines and I seem to recall having to get something like that - but that was because I was getting married there. I do remember that it was no easy task to get married there.

I have not found anything yet regarding CENOMAR or Legal Capacity to Marry for K-1 petitioner. I have also sent a message to my Filipina Fiancee VISA Service rep and will post his response as well as anything else I can find on this. I have a particular interest in this since I was married in the Phils before and even though I have divorce decree terminating that marriage here int he US, I wonder if I may need Lgal Capacity to contract Marriage or CENOMAR for my fiancee's CFO seminar.

Me too.. I was married in the Philippines and is divorced here is US already. We are both USC by the time the divorce was finalized. I haven't had my Divorce Decree recognized in the Philippines yet coz we have no plans in marrying there. I then file a Fiance Petition for my Filipina Fiance and just got approved last week... I'm worried if this CFO thing could Jeopardize everything

I know you are close in finishing your journey, Pls. message me about the CENOMAR of a USC. I can have my Certified Copy Divorce Decree Notarized though with ribbon from the Philippine Embassy here in US and send it to my fiance if ever they need CENOMAR from me.

Thanks and please keep me posted.

merkin®ine

Female

Philippines

2011-11-24 02:56:00

K-1 Visa denied, Motion to reopen?

We did not get any RFE's. But I don't know how to prove that. And I don't mind to pay more for a motion to reopen if it takes less time.

OMG! I cant believe you did this. You know what?.. if Money is not an issue, I would suggest just get an immigration lawyer to process your K1 Visa. They will tell you everything as if you will do this again by yourself, you might send worng or lacking documents, more wait..

Just a suggestion

merkin®ine

Female

Philippines

2011-12-08 01:58:00

K1 Denied

The affidavit of support presented by he sister the Dr. was I-864 .

Have you tried, making her sign a notarized sworn statement that she will file I-864 as a co-sponsor in the future upon filing of you I-485? shortly after your marriage in US? I dont know if this will work but it worth the try..

Thanks...

Edited by merkin78, 07 December 2011 - 06:40 PM.

merkin®ine

Female

Philippines

2011-12-07 18:39:00

K1 Denied

yes, WE FILLED AN AFFIDAVIT OF SUPPORT MADE BY HER SISTER WHO OWNS A MEDICAL CENTER AND SHE IS A DR. AND HER INCOME IS HIGHER THAN $ 150,000 ANNUALLY.
My fiancee is waiting for her surgery, she will do it in the next Feb. after that she will go back to work.
The questions, are we able to fix this ? Are we able to do anything , specially that the Embassy said we can send them the further documents.

If i read this right, I can see that the affidavit of support from your sister has not been submitted yet? coz you said it will be next year february? I dont get it? who's having a surgery? pls rephrase so hopefully people from VJ community can help you further.

merkin®ine

Female

Philippines

2011-12-07 18:31:00

Police Certificate

To be honest I was stressing out about it because he'd filled out forms saying he'd never been convicted of a crime and sent them to our attorney. At this point, if I'm understanding correctly, we haven't reported any of his criminal history to the USCIS. That will be in the next step.

He was arrested and given a 1-year suspended sentence. I don't think the arrest and conviction will, in and of itself, be a cause for denial. My concern was that we had inadvertently committed some kind of fraud as I understand the utmost importance of being truthful during this process.

I'd hate to think that a youthful indiscretion would haunt us 20 some odd years later, but it could.

As What I have sent in my previous post, if you're fiance commitied this when he was less than 18 yrs old and this was 21 yrs ago.. you are definitely in the exemption..

Pls just take time to read the legal desciption on the grounds of inadmissability to US..

merkin®ine

Female

Philippines

2011-12-11 02:36:00

Police Certificate

We got our NOA2 on December 8, 2011. My fiance, in the meantime, had sent off for his police certificate in England. He received it back in the mail today. On it appeared a conviction for theft which he committed 21 years ago. It was 21 years ago, he's gone on with his life, and forgotten all about the chicken nicking incident. He failed to report this on his portion of the I129-F. Now we are kind of freaking out. Neither of us intended to commit fraud of any kind. What do we do now?

I know that going forward he must disclose this, but will this cause us to be denied our K1 Visa?

This is a complex case and the issuance of visa depends on the Consulates' descretion on how he interprets the law regarding this:

Sec. 212. [8 U.S.C. 1182]

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

What I'm pointing out here is if his crime involves "MORAL TORPITUDE" which for me is a very broad word which could cover a lot of COnvictions... What you can do is to ask a lawyer if your conviction involves moral Torpitude.

Good luck!

merkin®ine

Female

Philippines

2011-12-11 02:21:00

need some helfff--newbe

thank you so much for the replies,...I have additional question that i just want to clarify ..Is this the right site to pay the filling fee online ? for the Form 1-129F.

https://ceac.state.g...ice/signon.aspx

thanks again w/ love .Zeen from Philippines..

No.. It's not.. Fill up form I-129F.. Mail it to the address stated on the form together with your proof of relationship and proofs that youhave met with in 2 years b4 filing the petition..

Goodluck and do some research and readings b4 starting your petition to prevent RFEs.. If you think it's hard.. Just hire those sharks(lawyers)

Edited by merkin78, 13 December 2011 - 03:10 PM.

merkin®ine

Female

Philippines

2011-12-13 15:08:00

how is my case?

Also,
you can use Assets to be sponsor.
It has to be 5 times the required amount and it must be quickly accessible money.
So, if she has 2 kids, herself and you....you will need.....alot
it is 18,350 dollars (somewhere around there) for 2 people
so for just you and her alone you will need close to 95,000 dollars or a home
and each kid you will add about 16,000. not sure on exact numbers

With the assets.. Are you sure it's 5 times? i thought it's 3 times.. pls correct me if i'm wrong..

Thanks.

merkin®ine

Female

Philippines

2011-12-14 00:03:00

Birth Certificate

I looked somewhere on internet that if i don't have birth certificate, i can also have notary letter from my parents with my birth details. Is it true?

Processes on alternative paperworks on lost birth certificate is not as simple as notarized letter from your parents. Every Country has their own way of how to process lost birth certificate. I'm sure this needs a legal process. Try ask the country where you were born on how to get an affidavit from your country's department that handles Birth certificates.

Good Luck!

merkin®ine

Female

Philippines

2011-12-14 16:27:00

Second RFE even after using an immigration lawyer

I recieved an Rfe at the same stage as you, my lawyer had it fixed within 30 days. It took my k1 , 10 months.

I think the reason why some petitioner hires a lawyer is to prevent RFEs...

. There are a lot of people here who didnt hire a lawyer and didnt get a RFE, I really think these lawyers intentionally leave documents behind and long for RFE's . More Rfe's More money.. grrrrr.. I hate Lawyers..

Edited by merkin78, 15 December 2011 - 11:17 PM.

merkin®ine

Female

Philippines

2011-12-15 23:16:00

Second RFE even after using an immigration lawyer

Hi everyone---

blessings! I am new here so thank you all for any support...

We hired a NY immigration lawyer that we had been recommended...

first time she filed March this year ( she said) and we hadnt rev¡ceived NOA1 when month of May came on...

I called her and she checked, no receipt, then she called USCIS, and they had not taken the money for the filing, that she saw at their bank... we had to gather all the documents and file again---
very frsutrating and it was expensive to hire a new lawyer...so we used the same one...

May 19th we got NOa1 and we received RFE End of Sept. 2011 because she had forgotten to
cross of that my fiance hadnt been in prison even if they asked us spesifically about this question in march before first filing...so we sent them the reply and after 58 days of waiting they had looked at it and sent a second RFE! How can that be..?

This one said there was not enough evidence to establish that my fiance is a US citizen...the lawyer had attached biographic page of his passport even if it says ALL the pages of his passport?

The lawyer wants to ask for expedite processing if this RFE since they already had submitted the biographic page of his passport. Does anyone know if this is a reason for it? Or will it slow down the process?

So thankful for replies. We have been really frustarted and sad for her mistakes and think we could have done it better ourselves--- now it will cost so much to change lawyer , thoug there

are still some parts left of the application process and maybe we will do it all ourselves after this petition hopefully will be approved..

Thanks for any comments and shared experiences. I am about to fire this lawyer...they have slowed down the rpocess for us abot 5 months---

Blessings all and prayers

OMG! I hope your lawyer didn't just respond a request for expedite on your RFE...

it's dumb to do and it will get denied, they ask for additional evidence, just send a birth certificate and colored photocopies of your fiance's passport.. To make sure everything is clear and readable.

Good Luck! And I hate lawyers.. I hired one for my divorce.. They just made mistakes to make more money.. Grrrrrrrrr.. :bonk:

Edited by merkin78, 15 December 2011 - 09:25 PM.

merkin®ine

Female

Philippines

2011-12-15 21:23:00

11/2/2011 NOA1 date... Would 7/7/2012 be safe as a wedding date?

I wouldn't make any hard date until your process if finished. Plans great, put a down payment or plane tickets no way.

I agree.. not a good idea

I am approved already and has interview date but we didnt start doing the reservations for marriage until my fiance gets the visa, We may have a tentative date in mind but no fixed plans yet...

Good luck to your journey.

merkin®ine

Female

Philippines

2011-12-29 02:05:00

Help my employment won't provide a letter stating salary for I-134 affidavit of support

The I-134 specifically states to list any/all children who will accompany or follow later. The household size is 5. Sorry you disagree...

Hehehe.. no problem.. it's always good to have disagreements to come out with more information. But I know the "to follow" Phrase on I-134 is the one that is confusing but this is the meaning of the "to follow" phrase: This is a quote from K1/K2 Visa Applicant instructions for the Philippines:

Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits.

My interpretation is that, since I-134 was executed to make sure that an immigrant will not be of public charge in US, there's no way, US immigration would count a person as a petitioner's household size when they are still outside US and if they can't derive a K2 visa from the K1 Visa applicant.

merkin®ine

Female

Philippines

2011-12-31 22:04:00

Help my employment won't provide a letter stating salary for I-134 affidavit of support

DS-230 is needed in all of the Embassy's that I've read about. Perhaps Manila does not use this form. DS-230 IS used in Costa Rica and the South/Central Countries.

Ah Ok!. Yes.. coz I reviewed DS Forms requirement for the Philippines... and DS-230 is not included..

Any Filipinos here would want to confirm this. I just want to make sure... Here's the link of the required interview documentation though:

http://photos.state....3__rtf2_003.pdf

Thanks..

merkin®ine

Female

Philippines

2011-12-31 21:56:00

Help my employment won't provide a letter stating salary for I-134 affidavit of support

On the I-134 it specifically states in question #3
to list children accompanying or following to join...

So, for your co-sponsor, the household size will be her, her child, your fiance and your fiance's two children = 5. If your sister only makes $30,she does not qualify to be your sponsor. For the K-1 you can not combine finances to qualify for the 125% of poverty guidelines but for AOS (later on down the road), incomes can be added by more than 1 co-sponsor.

You have a serious problem. Assuming that the Consulate will accept a co-sponsor in your case, yous sister does NOT qualify. You need to:
a) Find another suitable co-ponsor right NOW
b) Hope that the Consulate will accept a co-sponsor in your case

I wish I had better news for you, but at least you still have a chance to find a qualified co-sponsor.

Good luck.

The "DS forms" are the documents your fiance will need for her interview... DS-230, DS-156, DS-156K and in some cases DS-160.

I'm sorry.. this is what i should have quoted

By the way, We need DS-230 for fiance? I dont think so.. pls correct me if i'm wrong.. DS-230 is application for Immigrant Visa..

Fincae's visa is not an Immigrant Visa.

I think it's only the DS-156K NONIMMIGRANT FIANCÉ(E) VISA APPLICATION..

Edited by merkin78, 31 December 2011 - 05:27 PM.

merkin®ine

Female

Philippines

2011-12-31 17:22:00

Help my employment won't provide a letter stating salary for I-134 affidavit of support

Your sister's salary meets the guidelines. She needs to have sufficient income for her houshold (herself and her child + your fiance). If your fiance has children that will change the number of household size your sister will need to qualify for. Since I don't know if your fiance has child(ren) here are minimum 125% income standards:

3 in household = $23,162
4 in household = $27,937
5 in household = $32,712

She will need I-134, tax returns with W-2's, letter of employment, recent pay stubs.

HOWEVER, as I stated above - the Consulate in Manila has the discretion to NOT permit a co-sponsor. I would send an email to the Consulate in advance of the interview and explain the situation.

2 weeks prior to the interview is not a good time to first be starting to prepare for a co-sponsor...

Do you have all the other items needed done? Are all the DS forms completed? Updated letters of intent to marry from both of you? Does she have her police certificate, passport, etc?

Hi,

I completely disagree with this if the kids are not listed on the initial Approved I-129F petition, therefore the kids cannot come nor follow at a later time with a visa deriving from the mom's K1 visa. If the kids are listed on the approved I-129F petition, the kids have one year from the issuance of visa of the mom in order for them to derive from that K1 visa. But if it's over that or the kids weren't listed on the initial approved I-129F petition for the fiance, then the mom can petition the kids at a later time as an LPR on her kids below 21 yrs old and file I-130; this is when they count the kids on I-864 affidavit of support.

So, if the petitioner didn't list her kids at the initial I-129F, his household size will only be him and her fiance = 2; for the co sponsor; it will be the co -sponsor, co-sponsor's dependent and the fiance.

For the OP.. you also need a notarized affidavit stating that you know that your fiance has kids that are not listed on your approved I-129F and is still willing to pursue with the petition.

Hope this helps!

merkin®ine

Female

Philippines

2011-12-31 17:08:00

NVC can't find our file!?

So, your file that the USCIS sent to the NVC got lost?
What happened then? Was this a big problem for you?

Mine was the other way around.. NVC got our file on time but my NOA2 copy was lost.. So my petition was moving already while I was waiting for my NOA2 and I need to wait 30 days before I can request a new duplicate copy of NOA2.

merkin®ine

Female

Philippines

2011-12-30 14:10:00

NVC can't find our file!?

I emailed them. They said they don't have it.

Now they want me to scan a copy of our NOA2 and they will contact the USCIS on my behalf.

I would have more faith in contacting the USCIS myself, to be honest. Also, I'm NOT going to the trouble of scanning the Noa2! I have the Case number, our names and dates of birth, that should be enough for them!

It's pathetic.

I would suggest you do both. It might got lost in the mail.. My NOA2 got lost in the mail and requested a duplicate copy.

Just scan NOA2 and call USCIS.. This should do it.

Good luck!

merkin®ine

Female

Philippines

2011-12-30 13:28:00

NVC can't find our file!?

Called again and The Voice told me that they sent me the approval and follow instructions on it.

???

To talk to a person, press the number that says you dont have a reciept number or dont know how to locate it and it will bring you to a person. When a person answers, they will ask for your reciept number, just give it to them. I do this all the time and it works

Good luck.

merkin®ine

Female

Philippines

2011-12-29 02:02:00

Copy of the passport

I just realized after talking to my fiance that while he was taking copies of his passport , he forgot to take the front and the back cover. I read someone said to include that to but is it really that important to include since they all look the same? Can that be a reason for USCIS to send us a RFE? I am worrying now...

Front Cover? You mean the hard cover? YOu dont need that.. you only need the biographical page (this is where name, last name, etc. is typed).

But they said if he used his passport to prove his citizenship, He needs a copy of all pages on his US passport but even with the the front page, if you meant the hard cover is not even required.

So, if it's the hard cover in the front that you are talking about, DONT WORRY..

merkin®ine

Female

Philippines

2012-01-26 20:00:00

Affidavit of Support. Please, help!

Those are indeed the instructions for an I-864A. I believe you are confused about when and why to use that particular form though. I have read the instructions for the I-864A previously. Another important thing to read would be the instructions for the I-864: http://www.uscis.gov.../i-864instr.pdf

-------------------------------------------------------
What Is a Joint Sponsor?
If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
-------------------------------------------------------

If you are married and filing for a spousal visa, filing for AOS, or are having your interview at a consulate that will accept the I-864 for a K-1, then you could worry about whether or not to use the I-864A. A co-sponsor does not HAVE to live with you or be related to you. They do not HAVE to use an I-864A. A co-sponsor can simply use the I-864. A co-sponsor can CHOOSE to use the I-864A IF they reside with the petitioner, are a relative or a dependent of the petitioner. The I-864A allows someone that lives in the same house as the petitioner to use their own income to be combined with the petitioner's(primary sponsor) on their I-864 in order to reach the 125% poverty level. If the co-sponsor does not live with them, or qualifies on their own easily, then they can just use the I-864 as there is no need to combine incomes with the petitioner. It can also be used, if for example, the co-sponsor is married and they want to combine their incomes together to co-sponsor jointly. In which case the petitioner would fill out their I-864, the co-sponsor would fill out their own separate I-864 and their spouse would fill out an I-864A to combine their income with their spouse in order to meet the 125% mark.

Not all consulates follow the same requirements, and it is important to know what is required for the consulate you will have your interview at. If that is what they ask from you in Manila, so be it...BUT, most consulates use the I-134 for the K-1, so the I-864 or I-864A do not even apply.

Telling people the co-sponsor for a K-1 affidavit of support MUST live in the home with them and be a relative or dependent on their taxes to qualify, and on top of that need to use the I-864A is misinforming, confusing to their situation, and as I stated, not accurate.

This is true... First! Don't use I-864 for Fiance... just I-134, If co sponsor is requested and the embasy preferred form I-864 instead of I-134 as they said I-134 is not legally bnding as opposed to I-864; Then both the petitioner and Co=sponsor will need to fill up and sign form I-864. I-864A is only used if you want to combine income to meet the poverty guideline.. BUT! the I-864A Signee should be living with you...

I hope this helps.. :_

Edited by merkin78, 06 February 2012 - 04:10 AM.

merkin®ine

Female

Philippines

2012-02-06 04:09:00

A lot of stuff is getting glossed over here and it's confusing me...

Then that money won't count because you can't reasonably expect that income to continue. Ongoing income qualifies. One-time settlement payments do not. However, if you've still got the money then you could declare it as an asset.

You must include anyone you have a legal obligation to support or that you've included as dependents on your tax return. I doubt this applies to your mother.

Others have pointed out the statement on the Department of State website that says the I-134 requires only 100% of the poverty guidelines. Ignore that statement. That threshold applies to people who are receiving other types of non-immigrant visas, and need a financial sponsor to qualify. K1's don't fall into that category because they are non-immigrant visas that allow for immigrant intent. The consulate will apply pretty much the same rules they apply to any immigrant.

You can use your 2011 tax return if you've already filed it and it's already been accepted by the IRS.

I just want to Clear this out... I-134 only needs 100%... My fiance has a friend who got interviewed 2 days ago at the US Embasy in Manila and said that the income requirement for I-134 is only 100%... This post is really not true..

I came here for accurate information and here it is, we get a reply from a senior member that's not accurate.

Because I was very hesitant on believing this, I email US Embassy in Manila which states the FF:

Hi,

Thank you so much for your response, now that I have researched on I-134, I've encountered 2 different answers on the income requirement of I-134, I have read that, since K1 is a fiance's non immigrant visa, the sponsor needs to have at meet the 125% of the 2011 federal poverty guideline.

But when I went to the travel.state.gov website, it says differently, which states the FF: (This is a word for word copy transcript from the website):

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

and this is the link of the website:

http://travel.state....pes_2994.html#9

I am very confused though, Is it 100% of the federal poverty guideline? or 125%?

Thank you so much..

And Here's the Embassy's reply... and I just want to straight this confusion out once and for all for all the member here:

Fiancé(e)s of U.S. citizens (K1) are required to submit a I-134 Affidavit of Support from the petitioner together with a copy of the petitioner’s most recent Federal income tax return (Form 1040).

The minimum income requirement for Form I-134 is 100% of poverty guidelines.

If the petitioner is unable to provide a Form 1040, he must submit other credible evidence of assets to meet Federal poverty guidelines for his prospective household size. Such assets could include bank accounts showing the date the account was opened and the present balance, stock, personal property, real estate and non-taxable sources of income such as Social Security payments which should be available in the U.S. for the applicant's support and must be readily convertible to cash within one year. The consular officer determines if any additional documents are needed as the application is processed.

Immigrant Visa Correspondence Unit
Consular Section
U.S. Embassy, Manila
1201 Roxas Boulevard
1000 Manila, Philippines

Telephone: (632) 301-2000
Fax: (632) 301-2037
/gcp

I will also start a topic about this in order for people to clarify this, I just thought we ollow guidelines set on US DOS, NVC or CIS website for guidance and not opinions.

Thanks...

merkin®ine

Female

Philippines

2012-02-09 02:09:00

That would be up to the sole discretion of the officer conducting the interview. You could ask in the PI specific forum to see if Manila accepts 100% instead of 125%.

Ok! But one question, since you're done with your journey.. Did you guys see the 125% guideline used on the remarks on your I-134? If your fiancé peeked on it on the window.. Hehehe . As I know written remarks will be on your I-134 by the consulate if you meet the requirements or not

and what's the poverty level was the basis

merkin®ine

Female

Philippines

2012-01-26 22:58:00

The I-134 is not used solely for K-1 visas. For a K-1, most consulates will still require 125% because once in the US and married within the 90 days, you will need to file for AOS. The I-864 you use for adjusting status requires 125%, so that is why they use the I-864 instructions and guidelines for the I-134 in cases of a fiance(e) visa.

We all know about the AOS and I-864... What if the petitioner meets the 100% federal poverty line and don't meet the 125% federal poverty line... But has a co sponsor that meet the 125% guideline...

My question is??? Since they said us consulate in Manila is noted to not accept co sponsor for I-134... Would he be denied because of that?

In this case the petitioner would not worry about AOS as he has a co sponsor that meets the 125% poverty line and for sure in I-864 a co sponsor is accepted.

Edited by merkin78, 26 January 2012 - 10:48 PM.

merkin®ine

Female

Philippines

2012-01-26 22:47:00

the 100% is for active duty (military) sponsor.. 125% is for everyone else, like you

I use to believe this until one of the vjers sent a link here... 100% for I-134 Pls click the link below

http://travel.state....pes_2994.html#9

Here's the transcript:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

To all Vjers, pls. confirm this.

Thanks...

merkin®ine

Female

Philippines

2012-01-26 19:25:00

If you are using affadavit of support, form I-134, the poverty guideline you would refer to is 100%. When form I-864 is used, you would refer to the 125% poverty guidelines.
Go to this link:
http://travel.state....types_2994.html

and scroll down to you get to the section titled--"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?"

Yes! YOu are right... here's the quoted paragraph..

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

merkin®ine

Female

Philippines

2012-01-26 19:00:00

None of you currently meet the requirements. ONE sponsor must meet 125% of the poverty level for the household (including the immigrant). For two people this is about $18,388 and for three people it is $23,163. Even if you didn't claim your niece and let your mother do it you still wouldn't meet the requirement for two people. If your mother dropped the niece and let you claim both she would barely make the requirement for herself and the immigrant.
You will always be the primary sponsor even if your income doesn't meet the requirements. What you need is a joint sponsor who's income in and of itself will meet the income requirements for themselves, any dependents, and the intending immigrant. You can't add joint sponsors income together.

You may use any assets you have, specifically with the house you would need a statement from the bank showing how much equity you have in the house. I don't recall if assets must be 3X or 5X for the I-134.

As far as I can remember 3x for wife/fiance and minor beneficiary and 5x for others...

merkin®ine

Female

Philippines

2012-01-26 18:55:00

K1 is on Tuesday no packet3

I don't have idea if my case was on Manila by this time. The Nvc send the case last feb3 to Manila and my fiancé receive a notice feb6. I'm just worried if my papers was already delivered there. I don't know if Im wrong moving fast as I get my Manila case no. I prayed that it was already there. I called the embassy today, they don't have the answer for me they only know that I have date of interview in 21 they told me they will not sent packet anymore. I'm
Praying that my case will reach us Embassy Manila before 21.

No need packet 3 be sent to you.. it has to be downloaded on US Embassy Manila's website. I've read your other post asking yourself if you think that your papers are already in US Embassy in Manila? It should.. coz if you have successfully scheduled an interview then your papers are in Manila already. Good luck!

merkin®ine

Female

Philippines

2012-02-16 16:28:00

134 concern

I'm preparing all the documents needed for my interview on Monday and upon checking my fiance's I-134 I noticed that his declared income there is more than the actual annual he has on his 1040. Do you think this will brought a red flag?

It's very Simple... Ask your fiance how he got this numbers... I'm sure he knows why he did that. So, if the consul asks you.. you'll know what to answer and bring in evidences explaining the difference.

Good Luck!

merkin®ine

Female

Philippines

2012-03-08 17:18:00

DO YOU HAVE TO WAIT FOR NOA2 BEFORE FILLING OUT THE AFFIDAVIT OF SUPPORT?? THANKS

I have the same situation.. My fiance wants to send me his affidavit of support as soon as possible. we already have the noa1 and waiting for noa2.. I just like to clarify, that all the supporting documents should be recent at the time of the interview? Some evidences should be requested ahead of time because it takes a lot of time to get it. Am I right? Just confused.. Thanks a Lot!! :-)

Yes.. definitely, it needs to be recent and if you use Fed ex or other express courier to Philippines, it'll only take between 3-5 days the max.. so dont worry, you'll have a lot of time

Good Luck!

merkin®ine

Female

Philippines

2012-04-26 15:51:00

DO YOU HAVE TO WAIT FOR NOA2 BEFORE FILLING OUT THE AFFIDAVIT OF SUPPORT?? THANKS

I am the petitioner, Still waiting for NOA2 and I am preparing docs I need to send to my fiance. I just want to ask how soon can I fill out and sign the affidavit of support? Do I have to wait for my petition to be approved?

I would advise you to wait till it get approved so your fiance will have recent documents, anyway, you'll have a lot of time to mail it to her after the petition gets approved. Good luck!

merkin®ine

Female

Philippines

2012-04-26 15:48:00

Affidavit of Support w/o Co-Sponsor?

I started work April last year. so from april-dec. I did make more than the 125% poverty guideline required. And will also provide my recent pay stubs from both my full time and part time job..

You're good... No need co sponsor.. Good luck! Co sponsor for fiancé petition is not allowed at Manila us embassy anyway.

Edited by merkin78, 28 April 2012 - 06:04 PM.

merkin®ine

Female

Philippines

2012-04-28 18:02:00

Help! Fiance Visa process

The best way for you to do it is to get married in the Philippines, after marriage, file petition through Direct Consular Filing (DCF) is an unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident).

I know that your GF should have an ACR/ICR in order for her to file the Petition in Manila, although since, Dual citizenship was enacted in the Philippines a couple years ago. That could be a basis for US Consulate in Manila to have jurisdiction over your GF.

Good Luck!

merkin®ine

Female

Philippines

2012-09-05 01:17:00