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min requirements for the affidavit of support

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  • min requirements for the affidavit of support

    I have searched the internet but have not been able to find specific answers to 2 questions I have.

    1) I know that the tax return for the previous year must show that I made at least 125% of the poverty line to be a sponsor. If my tax returns for the previous 2 years before that show that I was below the poverty guidelines is that acceptable? Or is it required that my income be above the 125% mark for ALL 3 previous years?
    2) Are current pay stubs required when I file? If so what numerical figure do they use to determine what is sufficient? Do they divide a yearly income by 52 weeks and arrive at a minimum weekly income?

  • #2
    Don't search the internet. Read the form instructions for the I-134 and I-864. To answer your questions--

    1. Only the latest tax return (1) is required. The two previous are optional if they make you look good. In your case, it sounds like they won't.

    Strictly speaking, it never says your tax return has to show 125%.

    Example: You were in college until June 2010 and did not have income. You graduated as an engineer and by November started a new job making $6000/month. So your tax return for 2010 would only reflect two months of income or $12,000 in 2010. You would prove your current annual income is 12 x $6,000 ($72,000) by providing a letter from your employer and some pay stubs proving that income.

    2. It is good to show some other proof of income besides a tax return. Pay stubs is one way. They will do the opposite of what you said. They will look at the weekly or monthly gross pay shown and calculate a yearly income.

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    • #3
      Are these the correct forms used when applying for a K-1 visa? Or do they apply to other types of visas?

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      • #4
        I-134 for K1 visa at most consulates

        I-864 for a K1's greencard application after the marriage.

        So you will be doing both. The instructions are separate downloads from the forms. I-864 instructions have more detailed information and are good reference to follow for the I-134 affidavit.

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