Sm1smom
Super Moderator
I took my 100% lead from http://www.state.gov/documents/organization/86988.pdf
9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support
d. The simple submission of Form I-134, Affidavit of Support, however, is not
sufficient to establish that the beneficiary is not likely to become a public
charge. Although the minimum income requirements of Form I-864, do not
apply in such cases (e.g., the 125 percent minimum income amount which is
only required by the I-864), you must make a thorough evaluation of other
factors, such as:
Have I added 2+2 and come up with 5?
lol..... no Simon, you didn't add 2+2 and came up with a spurious 4. I just went a step further from going by the Visa Manual and looked at what the actual law/Act governing sponsorship says, and the (Immigration National Act) INA 213 references 125% above poverty guideline:
Sec. 213A. (a) Enforceability.-
(1) Terms of affidavit.-No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such affidavit is executed by a sponsor of the alien as a contract-
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;
http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html