To support a foreign national visitor, you’ll need to prepare Form I-134, Declaration of Financial Support. For the I-134 declaration to carry any weight, you’ll need to provide evidence of your income and/or financial resources. Generally, you must have an income that is at least 100% of the federal poverty guidelines. However, individuals supporting an individual with a K visa should demonstrate a higher income if possible.
I-134 Income Requirement to Support a Foreign National Visitor
The simplest way to check if you qualify as a financial supporter is to review the federal poverty guidelines for the current year. Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor.
Your current income is the gross amount you expect to earn this year. If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. However, if you started the year unemployed and began working on May 1, your current income would likely be approximately $24,000. (That’s because 8 of 12 months would be ¾ of $36,000.) Don’t confuse current income with your tax return. Your tax return shows a history of your income.
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RECOMMENDED: Which supporting documents should I submit with Form I-134?
I-134 Income Requirement to Support a K-1 or K-3 Visa Holder
Shortly after the K visa holder enters the country, he or she will likely adjust status to permanent resident. In the case of a K-1 fiancé, he or she must marry and then can apply for the green card through adjustment of status. Part of the adjustment application will include Form I-864 Affidavit of Support. On Form I-864, the petitioning sponsor must generally have an income that is 125 percent of the federal poverty guideline. This should be taken into consideration before preparing Form I-134. Although it is possible to have a job change or circumstances that affect income, sponsors should intend to keep these documents consistent. If the petitioning sponsor is unemployed or otherwise does not meet the I-864 income requirement, it is possible to get a joint sponsor.
Mistakes on your Form I-134 can cause costly delays or a denial.
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If you have determined that you are unable to meet the I-134 income requirement, there are a couple of options. You may use property and assets to qualify as an I-134 supporter. Alternatively, the non-immigrant beneficiary can use a different supporter.
RECOMMENDED: Using Assets to Qualify as an I-134 Supporter