I-134 dependents

[josephandvivian 0]

Hey guys, I'm confused!

My fiancee and I have the interview for her K-1 visa coming up.

For the form I-134, would the alien fiancee be considered a dependent (and if so, wholly or partially dependent?)?

What about my ex-spouse for whom I previously filed an I-134 and 864 (if so, wholly or partially?)?

My mom is going to be a co-sponsor, so would she list my fiancee as a dependent on her I-134?

Thanks so much for any advice

[Anh map 2,098]

No, the fiancee is not listed as a dependent. Fiancee is the one being sponsored. The fiancee is counted in the household count.

If the exwife is still an LPR and it's been less than 10 years since you filed the I-864 it's probably safer to add her in the household count for your I-134 and I-864. (That's what I did) Mom would not unless she also completed an I-864 for your ex.

[josephandvivian 0]

thanks for the reply,

When you say to add my ex in the household count, I understand what that means for I864, but for the I-134 does that mean to list her as a dependent? And would she be wholly or partially dependent?

thanks again

[Stephen + Elisha 92]

thanks for the reply,

When you say to add my ex in the household count, I understand what that means for I864, but for the I-134 does that mean to list her as a dependent? And would she be wholly or partially dependent?

thanks again

No. You do not list her as a dependent. There's no specific household count section on the I-134, but the consular officer will add the intending immigrants in #3 to the number of dependents in #8 to arrive at the household size for poverty guideline purposes.

[josephandvivian 0]

Thanks for the advice! I won't be listing my ex as a dependent, then.

Thanks again

[Gary and Alla 3,694]

thanks for the reply,

When you say to add my ex in the household count, I understand what that means for I864, but for the I-134 does that mean to list her as a dependent? And would she be wholly or partially dependent?

thanks again

No. You do not list her as a dependent. There's no specific household count section on the I-134, but the consular officer will add the intending immigrants in #3 to the number of dependents in #8 to arrive at the household size for poverty guideline purposes.

If his ex-wife is still covered by the provisions of the I-864 he submitted for her, she needs to be counted on the I-134 and I-864 as wholly dependent. He will also have to reveal that he has submitted an affidavit of support for her in the past. The only way he can NOT include her is

1. She has been paying into the SS system the required 40 quarters. She can have acheived this faster than you think. By filing a joint tax return she can be credited for 8 quarters per year. Alla arrived in September 2008 and just received her SS statement and has accumulated 8 quarters already.

2. She has become a US citizen

3. Left the country and surrendered her permanent residency.

[Stephen + Elisha 92]

thanks for the reply,

When you say to add my ex in the household count, I understand what that means for I864, but for the I-134 does that mean to list her as a dependent? And would she be wholly or partially dependent?

thanks again

No. You do not list her as a dependent. There's no specific household count section on the I-134, but the consular officer will add the intending immigrants in #3 to the number of dependents in #8 to arrive at the household size for poverty guideline purposes.

If his ex-wife is still covered by the provisions of the I-864 he submitted for her, she needs to be counted on the I-134 and I-864 as wholly dependent. He will also have to reveal that he has submitted an affidavit of support for her in the past. The only way he can NOT include her is

1. She has been paying into the SS system the required 40 quarters. She can have acheived this faster than you think. By filing a joint tax return she can be credited for 8 quarters per year. Alla arrived in September 2008 and just received her SS statement and has accumulated 8 quarters already.

2. She has become a US citizen

3. Left the country and surrendered her permanent residency.

I misread the question. For some reason I had it in my head that he was asking if his fiancee should be counted as a dependent. I apologize for the confusion.

That said, are you sure the OP has to list his ex as wholly dependent? He definitely has to disclose the prior affidavit of support. She could potentially be wholly dependent on him for support, but unless she actually is receiving full or partial support from him, is it correct to list her as a dependent? Or will the CO automatically add +1 to the household count for the prior affidavit?

[josephandvivian 0]

Yeah, that's why I was confused. The I-864 is clear and includes an area to list people for whom you previously filed an I-864 in calculating household size.

Also, on the I-134 form I'm already disclosing that I filed a visa petition and a I-134 affidavit in the past for my ex. It seems strange to list her as a dependent, either wholly or partially, in the same way a child might be included there.

thanks for the follow-up

[josephandvivian 0]

up

[josephandvivian 0]

I emailed the consulate and they told me I have to list her as a dependent.

Thanks for all the help, guys.

[Gary and Alla 3,694]

thanks for the reply,

When you say to add my ex in the household count, I understand what that means for I864, but for the I-134 does that mean to list her as a dependent? And would she be wholly or partially dependent?

thanks again

No. You do not list her as a dependent. There's no specific household count section on the I-134, but the consular officer will add the intending immigrants in #3 to the number of dependents in #8 to arrive at the household size for poverty guideline purposes.

If his ex-wife is still covered by the provisions of the I-864 he submitted for her, she needs to be counted on the I-134 and I-864 as wholly dependent. He will also have to reveal that he has submitted an affidavit of support for her in the past. The only way he can NOT include her is

1. She has been paying into the SS system the required 40 quarters. She can have acheived this faster than you think. By filing a joint tax return she can be credited for 8 quarters per year. Alla arrived in September 2008 and just received her SS statement and has accumulated 8 quarters already.

2. She has become a US citizen

3. Left the country and surrendered her permanent residency.

I misread the question. For some reason I had it in my head that he was asking if his fiancee should be counted as a dependent. I apologize for the confusion.

That said, are you sure the OP has to list his ex as wholly dependent? He definitely has to disclose the prior affidavit of support. She could potentially be wholly dependent on him for support, but unless she actually is receiving full or partial support from him, is it correct to list her as a dependent? Or will the CO automatically add +1 to the household count for the prior affidavit?

Yes. And No. There are no absolute hard and fast rules for the I-134. The consulate can apply whatever rules they want or no rules or can toss the thing in the trash. The I-134 is nothing more than a cover sheet anyway. That said, the former wife, IF still under the obligation fo the previous I-864 will definitely be counted as a dependent on the I-864 for his new wife (and there is no such thing as "wholly" or "partially" on that form, whatver those terms mean)

So we can dance around and pretend it doesn't count for the I-134 and 3 months later she will count for the I-864 and the consulate CAN count her for the I-134. I always presume worst case and advise accordingly on such things as the I-134. We can all sit around the campfire and debate how many spirits can dance on the head of a pin and in the end it is not our decision. If the consulate sees it as the I-864 does and it s a "make or break" thing....you be in deep doo-doo my friend.

To be blunt and to the point...if counting your ex wife as a dependent "makes a difference" you better address that here and now as you are going tohave to anyway.

I emailed the consulate and they told me I have to list her as a dependent.

Thanks for all the help, guys.

They are the ones that judge such things.

[Gary and Alla 3,694]

Yeah, that's why I was confused. The I-864 is clear and includes an area to list people for whom you previously filed an I-864 in calculating household size.

Also, on the I-134 form I'm already disclosing that I filed a visa petition and a I-134 affidavit in the past for my ex. It seems strange to list her as a dependent, either wholly or partially, in the same way a child might be included there.

thanks for the follow-up

You always have to bear in mind the purpose of this form. It is NOT for your benefit or your fiancee's benefit. the government DOES NOT care if you and fiancee live in a refrigerator box and freeze to death. They will step right over your frozen corpse to get to the next political donor.

What they care about is getting THEIR money back if your fiancee (or former wife) decides to file for food stamps or something. They prefer she die and not bother them. Never forget this, the government doesn't care about you.

That said, they are looking for how they can get their money back. They can trump the IRS so they give you the credit of using gross income, because THEY can get to it before anyone else. When government writes laws, they set up those laws for their benefit, not yours. However they have to leave you enough to "live" on and the number of dependents determines the percentage they can confiscate from your paycheck without your consent. So they need to know ALL their risk. Your ex-wife is still a risk for them so YOU need to cover their @ss, since THEY let you bring her here. The dependents and the amount they can confiscate are all included in the poverty calculations. Those are not random numbers, they know exactly how much of that THEY can get from you.

The consulates only need to determine that there is small likelihood your fiancee becomes a public charge. The I-134 is not a binding contract with the government, the I-864 is. Some consulates are pretty casual about this responsibility, others take it very seriously. That is why I say "count her" because she will be counted at the AOS level and it takes the variable of the consulate out of the equation .