QUESTION

What can be done for I-134 and not meeting the income requirements?

Asked on Apr 08th, 2013 on Immigration - New Jersey
More details to this question:
My fiance will have to have an appointment to get his K1 Visa, but I need to provide the Affidavit of Support from I-134. I make just below the requirements, not by much. I have NO way to find a joint sponsor, I have no family here. What do we do?
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3 ANSWERS

First, a co-sponsor does not have to be your (or your fiancee's) relative; it can be any citizen or permanent resident of the U.S. who has enough income to qualify under the 125% poverty guidelines. Remember, a co-sponsor must independently qualify; his/her income cannot be added to your income. If you absolutely cannot find find a co-sponsor, and your income is just under the required level, you have 2 options: a) get a second job; or b) try to qualify by using your assets. The rule is that the value of your assets must exceed 5 times the difference between your income and the 125% poverty guideline. For instance, let's say you have no dependents and your income is $19087 a year, so you are $300 short of the applicable guideline. In this case, you would need to show assets worth $1500 to cover the shortfall. It does not have to be money in the bank - it can be the balance of your retirement account, value of your car, or even jewelry.
Answered on Apr 10th, 2013 at 9:14 PM

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A joint sponsor does not have to be a family member. It has to be a US citizen or green card holder but it can be anyone. A coworker, a neighbor, a friend. If you do not have sufficient income and/or assets, you have to get a joint sponsor. Without that the visa will not be approved.
Answered on Apr 10th, 2013 at 1:16 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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The question you have asked is extremely complicated and requires a full analysis of the facts and circumstances of your case. This is especially the case because you seem to believe that the I-134 is a mandatory document for the case you are doing. You will want to seek out the counsel of a qualified immigration lawyer who would be able to let you know your options.
Answered on Apr 09th, 2013 at 11:07 AM

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