affidavit of support

[Charlie Smith]

Just a couple of questions about this:

My wife is a US citizen, and my 2 kids are also US citizens.

When it comes to the Affidavit of support,when calculating the poverty value. Am I right in saying that the amount of money required is for the 4 of us, not just the 1 person who is in need of partitioning?

so in which case, according to what I'm reading, that would be about $30,300?

Also, in regards to the i-130, the instructions also say that I will need to file form i-129F, but I was married in the USA when I was there years ago on a K1 visa. Is a i-129f still required even though I wasn't married outside of USA?

[Tezza]

Just a couple of questions about this:

My wife is a US citizen, and my 2 kids are also US citizens.

When it comes to the Affidavit of support,when calculating the poverty value. Am I right in saying that the amount of money required is for the 4 of us, not just the 1 person who is in need of partitioning?

so in which case, according to what I'm reading, that would be about $30,300?

Also, in regards to the i-130, the instructions also say that I will need to file form i-129F, but I was married in the USA when I was there years ago on a K1 visa. Is a i-129f still required even though I wasn't married outside of USA?

The I-864 will count your wife, your 2 kids assuming they're claimed on the tax return for previous year and yourself, so 4. Assuming your sponsor is located anywhere in the US aside from Alaska and Hawaii which have slightly different requirements, and she's not serving in the military the amount for 4 people would be $31,375. You can find the current 2018 poverty line USCIS uses here: https://www.uscis.gov/i-864p

In regards to the question about the I-129F, that's specifically for the fiance visa. You're likely going to be using the I-130. Are you adjusting status from the US or is your spouse going to petition you using the I-130 to establish the relationship while you're outside the US, in order to later pursue spouse visa?

[Charlie Smith]

Hi,

Thanks for your response.

I am a bit confused by the i-129f

It definitely says on it for fiance, however in the description of it on the uscis website it states:


"Use this to petition to bring your fianc?(e) (K-1) and that person?s children (K-2) to the U.S. for marriage to you, or to bring your spouse (K-3) and that person?s children (K-4) to the U.S. to apply for lawful permanent resident status."

So it appears in order to enter under a K3 visa, this form is required. which is really confusing considering, as you stated, its for fiance.

I was assuming that both i-130 and i129f would need to be filed in this case?

[newacct]

Hi,

Thanks for your response.

I am a bit confused by the i-129f

It definitely says on it for fiance, however in the description of it on the uscis website it states:


"Use this to petition to bring your fianc?(e) (K-1) and that person?s children (K-2) to the U.S. for marriage to you, or to bring your spouse (K-3) and that person?s children (K-4) to the U.S. to apply for lawful permanent resident status."

So it appears in order to enter under a K3 visa, this form is required. which is really confusing considering, as you stated, its for fiance.

I was assuming that both i-130 and i129f would need to be filed in this case?

K-3 is obsolete. You would just file I-130 and she would get an immigrant visa directly. When she enters the US with the immigrant visa, she automatically becomes a permanent resident.

K-3 was for years ago when I-130 took years to process, so the spouse can enter the US on a K-3 while the I-130 was pending, and then she can apply for Adjustment of Status in the US. I-130s for spouses of citizens, and, even if she could get a K-3, it would make it slower for her because she would have to do Adjustment of Status in the US rather than become a permanent resident immediately upon entry with an immigrant visa.

If you wanted to apply for K-3, yes, you would file both I-130 and I-129F. But USCIS procedure is to process them together so that the I-129F won't be approved before the I-130, and once the I-130 is approved, she is no longer be eligible for K-3, and the I-129F would be cancelled. So it's almost impossible to get a K-3 even if you apply for it.