confusion over support and family size on I-134

[ursela999 0]

Hello,

I'm not sure how to approach this issue properly with the paperwork, perhaps someone can tell me the correct way to submit this to the government on the I-134 form.

I filed for the k1 visa for my australian fiance and we are due to hear something next month according to the VJ timeline. I am trying to get ahead on the paperwork and I'm not sure what to put down on the I-134 affadavit of support.

My situation... 25 and I come from a fairly wealthy family. I work for fun, really, at a permanent position in a private college for 10 months a year for about 16k per year plus very good benefits (great medical insurance now plus free tuition for grad school next year). I have a good amount of assets in the bank. I live in my parents' home rent free. I am a legal resident of our county and file my own taxes and receive mail at this address so there is ample proof I live here. We do not combine income. I am not listed on their taxes in any way. I have not yet taken an apartment or gone ahead with buying a house in preparation for my fiance coming here because I want to do that with him plus due to an upcoming surgery I just don't feel up to handling moving out on my own or living on my own during recovery. We are going to start the process of finding our own place as soon as we are legally married within the first week of his arrival. I haven't wanted to mess withthe addresson file on the k1 petition until the visa comes through because I thought throwing any additional factors like an address change adds to the potential of slowing things down with the government. I do not want to change jobs at this time because I get great benefits and I will have to have surgery, perhaps 2 if the first does not go well.

So. On the I-134, do I calculate the amount needed based on and list household as 2 - for my fiance and myself? Do I calculate the amount needed based on 4, myself, fiance, my parents since I'm living in the house with them right now?

If I calculate the amount needed based on 4 do I include their income as well and provide their tax filings for 2008? I'm reluctant to do this because I really wanted to sponsor him on my own without mixing my parents and their income into this. If I file for just 2 I should be well above the minimum requirements due to assets being included in assessment of income.

If I give up and have my parents cosponsor him, do I file for household size of 4 or 2?

I'm getting confused and I'm feeling stressed about all the changes coming up so perhaps I'm not thinking clearly. What are the proper and legal choices in my case?

Thank you,

ursela

[Anh map 2,098]

Household size is 2 for your I-134. If you want to qualify based on income and do not meet the income requirements then you will need a co-sponsor. The cosponsor will also complete an I-134 (and later for Adjustment of Status an I-864) for themselves along with all the needed supporting documents. Co-sponsor would use the number of dependents on their latest tax return plus 1 (your fiance) for household calculation. Only one individual (not a couple) is a co-sponsor.

You can also qualify using assets to supplement income. The ratio is 3:1 (assets:income). See the instructions for the I-864 for a good explanation of what qualifies for eligible assets.

Edited August 7, 2009 by Anh map

[beans 7]

I'm not sure if this will work in Australia but it worked for me in Canada (could be a fluke). My SO and I combined his household income to meet requirements. So we combined his and his mom's income for a household size of 4. They both live at the same principle residence and both completed their own I-134's with supporting tax documents, bank letters, and letters from employers. Since the I-134 for K1's is in my opinion a pre-qualifier for the I-864 I used the I-864 instructions which states you can use family members to help reach the income amount.

I'm sure there are people who will be willing to argue this, and you can choose who you would like to listen to. But in our situation that is what worked for us.

Edited August 7, 2009 by beans

[ursela999 0]

Thank you for your replies!

That clears things up for me quite a bit as far as what my choices are.

Ursela

[Bobby+Umit 161]

Moved from K-1 process to Embassy (I-134 related)