Income and Co-sponsor

 

The I-864 is legally required for many family-based (K-1 is included) and some employment-based immigrants to show they will have adequate means of support after immigration to the United States.

 

If you are a U.S. citizen or a legal permanent resident who is filing a family-based immigrant petition (K-1/K-2) for a foreign relative, you must accept responsibility for financially supporting them. You will accept this responsibility by filing Form I-864, Affidavit of Support.

 

Generally, the following intending immigrants need an Affidavit of Support:

 

• Applicants for family-based immigrant visas (K-1/K-2 is included here), including certain orphans.

• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a five percent or greater ownership interest in the business that filed the petition

 

When evaluating your personal situation, please refer to "2015 HHS Poverty Guidelines for Affidavit of Support" for the actual dollar amount needed to meet or exceed the I-864 using this table. The petitioner's income MUST meet or exceed 125% (there are no exceptions) of the I-864P poverty guidelines for the number of persons listed on your latest tax return plus, those petitioned for the K-1 visa. 

 

Additional information for meeting the Poverty Guidelines and using additional assets can be found here.

 

US embassy Manila prefers that the joint sponsor for K1 is an immediate relative of the petitioner (ex: parent or sibling).  They do not have to except the co-sponsor for a K-1, but each case is different. We have seen approvals and we have seen rejected applications (most times it's a rejection). 

 

If the K1 visa application fails, you have the option of the spousal visa - IR-1/CR-1 whereas they must accept your I-864 and your co-sponsor. You would have to make a trip to marry in the Philippines and then file for a visa In the IR-1/CR-1 category once you return.

 

Along with the required I-864 we suggest that you complete the I-134 (and supporting documents; tax return-current year 2014, W-2 and one month of pay stubs) for Evidence of Support. Since the printing of the USEM instruction letter in February 2015 it has been hit or miss in the requirement to submit the I-134 and supporting documents. We still hear of some CO's requesting the I-134 but the frequency of those requests are tapering off.  Therefore we continue to suggest you send a copy to your fiancé(e)and that they bring them to the interview in the outside chance they are asked for.

 

K2 - You only need one original copy of the I-134 and supporting documents.