Please help, Qualification for Affidavid of Support

[Trakool 0]

Hi, everyone. First I would like to thank you you all since I have read this forum and earned many tips when I filed the I-129F application for my fiancee who lives in Thailand. Now,I just recieved the NOA2 and am very worried about the Affidavid of Support.

Please excuse my weak English but I'll try to communicate as clearly as I can. Sorry and Thanks

The main situation of my concern is that I left the work at the restaurant I had been working for in order to go to college full time. My last paycheck was in May (shown income sofar around $4500 in the check). My annual income as reported in the tax transcript of last year 08 was $11,000. I learned about the poverty line which the family of 3 will be applicable for me (I, my mother, and my future wife...do I understand this correctly?) which is about $23,000. My mother is willing to become a co-sponsor and she is now employed and earned about $15,000 last year. My aunt who does not live in our household wants to help out too but she is retired and recieves some money from social security. My father and sisters live in Thailand really want to help too but we understand that a sponsors must reside in th US. By the way, my father and sisters all combine make about $70,000 annually but since they help been sending money to us here in US, and been paying off debt from an unsuccessful business, about $10,000 is only the fund they can find immediately if we sell out some of our property. My girlfriend family will also be more than willing to help but her family has and earn much less income than mine and I do not want to put much strain on their financial as I know my girlfriend has been working hard to support her family with her $600 salary. I am ashamed that I am not able to help my own and her family financially but I have been told constantly to focus in my education. Therefore I really wish to bring her here so that we could build a better life here and support our family(oops..sorry, this might be a bit off-topic)

Anyways, I summarize my questions here

1. Can my income of last year be counted in the calculation for the poverty line? Mine and my mom'scombine would be right at $23,000 line but if mine cannot be counted, we would run about $10,000 short. So, normally when you are unemployed, will you qualify to use the last year's income in the support?

2. I also read from our forum that only 100% of poverty income is required for I-134..is that true?

3. How would that effect me by the fact that I am unemployed. It asks in the I-134 form. It also asks me to present my last few paychecks (which dated May 09..about 5 months ago). Even if I could find a c0-sponsor, will they focus on me is unemployed? (I'm worried that they may ask my fiancee on the interview)

4. Would it help or opposite if I ask my former employer to write the letter about my (un)employment since it is optional? , or, Would it help if I could go back to apply and work at the same place right now and then ask my boss to writh the letter stating that I am employed? Would that worthwhile because I quited the job because the workloads from the classes are getting seriously high and I value my education/graduation the first priority if I need to take care of my family. I would like to see your personal opinions.

5. I recieved the NOA2 on October 27th, and it says it takes about 4 weeks until my fiancee recieves packet3. Would the process get done within this year? My point is that if my last year income could be counted, it should be applicable if the process is finished within this year. If the process stretched to next year, I would not have income report for this year(2009) to present. I'm not sure if the way I think is right, please corect me if i'm wrong. Also please help me estimate if the interview could be done within this year given the timeline. I guess we may need to consider the december holidays and the slow process of the Thai post offiice in account

6. From 5, if process within this year, would I put the annual income of 2008, or monthly income in number 7 in the I-134 form? I'm a bit confused here.

7. From 6, if the process is within this year and I used my 2008 income in calculation for support, when my fiancee come to the US and we adjust the status, we file another form of Affidavid of support. It would certainly take place next year, will I need to use the income from tax report of 2009 (about $4500 only ) or I just keep the same as what I fill in I-134 using 2008 income?

8. According to my situation, will my aunt who is retired become a co-sponsor?

9. Will my family who lives overseas be able to become the co-sponsors?

10. If not, will it help if they send cash into my account in the US? I l heared that the amount of cash required to make up for the remaing amount that is short-coming from the poverty line must be 5 times(not sure about number) greater than the normal way the income is calculated. Uhh...I really do not know how to explain this using English..May be hope you could understand. So, anyone has some info and where to find info for using cash in the affidavid of support?

11. From 10,if cash is ok, what amount of cash will be sufficient to make up for the $10,000 short of income below the poverty line? Also if my bank account just shows a single big amount of transfer from overseas, will that be ok?

12. How many co-sponsors do I allow to have?

13. For my own part of affidavid, If I include my car as asset( reasonable value about $7,000) would that help much? Will the value if the asset be weighted 100% of its value? The car is the only big property I and my mom own in the US anyways since we just immigrated 6 years ago.

14. Given the situation, in your opinion/experience, do you think I have a chance to pass this? I would also appreciate any opinion or advice that is not directly answer to the questions I ask as well.

Also if anyone knows or has experience about the interview/process at the US embassy in Bangkok, Thailand, please kindly tell me how strict they are (especially in terms of financial support that I concern). I do not worry much about the proof od the relationship part as I and my girlfriend have had a genuine relationshipfor the past 6 years. But anyways, we are thinking about what proof to provide besides the phone bills and very little record of emails. The advice on this would be gladly very welcomed and appreciated, but my main comcern is on the Affidavid though.

If anyone knows something and could share (even only some answers to my uestions), please kindly help me andmy fiancee. I and my mom do not have anyone to ask in the US,so a bit of help wold be really a big help for us. Also I hope I could write out a more comprehensive/compact posts here ( too wordy,right?) but my English does not quite allow me to do so without leaving out some information. Again, thank you very much all for your help you could share,and for all the help I have earned from reading the forums in this site.

[Darnell 8,478]

If you can talk yer lass into DELAYING sending the P3 docs back to the Embassy, you might gain 2 to 3 months.

Now - what can you do in 2 to 3 months for income? For a NEW JOB paying 30K?

If you can't get a 30K year job in the next 2 to 3 months, can you get 90K in cash, sock it into a saving account? If so, you can use that INSTEAD of income - as an ASSET.

re: interviews in Bangkok - have you read the embassy review section here? was it useful , or no ?

Good Luck !

[Otto 83]

No More Coffee For You...

1. Can my income of last year be counted in the calculation for the poverty line? Mine and my mom'scombine would be right at $23,000 line but if mine cannot be counted, we would run about $10,000 short. So, normally when you are unemployed, will you qualify to use the last year's income in the support?

Last year's income is last year's income. CURRENT income is what counts. A sponsor will submit (at least) the most recent year's tax return (or transcript) but your main qualification as a sponsor will be what you're earning now (essentially)

2. I also read from our forum that only 100% of poverty income is required for I-134..is that true?

Yes - if you're active-duty military or political asylum (I think).

3. How would that effect me by the fact that I am unemployed. It asks in the I-134 form. It also asks me to present my last few paychecks (which dated May 09..about 5 months ago). Even if I could find a c0-sponsor, will they focus on me is unemployed? (I'm worried that they may ask my fiancee on the interview)

Paychecks from May are not current pay-stubs; unemployed is unemployed.

4. Would it help or opposite if I ask my former employer to write the letter about my (un)employment since it is optional? , or, Would it help if I could go back to apply and work at the same place right now and then ask my boss to writh the letter stating that I am employed? Would that worthwhile because I quited the job because the workloads from the classes are getting seriously high and I value my education/graduation the first priority if I need to take care of my family. I would like to see your personal opinions.

Getting a job (whether the same one you had previously or not) is definitely an option (if you can earn $23k/year; by showing recent pay-stubs). You're a student though - so perhaps the focus should be on finding a suitable co-sponsor or reevaluating some priorities (just my opinion).

5. I recieved the NOA2 on October 27th, and it says it takes about 4 weeks until my fiancee recieves packet3. Would the process get done within this year?

Maybe.. the year is quickly running out though..

6. From 5, if process within this year, would I put the annual income of 2008, or monthly income in number 7 in the I-134 form? I'm a bit confused here.

You're unemployed - that's what matters here.

7. From 6, if the process is within this year and I used my 2008 income in calculation for support, when my fiancee come to the US and we adjust the status, we file another form of Affidavid of support. It would certainly take place next year, will I need to use the income from tax report of 2009 (about $4500 only ) or I just keep the same as what I fill in I-134 using 2008 income? Depends - either way it doesn't really matter in this case.

8. According to my situation, will my aunt who is retired become a co-sponsor?

(After scrolling back up to check - appears you left out what she earns so) the answer is; she can, if she earns enough for the appropriate sized household.

9. Will my family who lives overseas be able to become the co-sponsors?

No.

10. If not, will it help if they send cash into my account in the US? I l heared that the amount of cash required to make up for the remaing amount that is short-coming from the poverty line must be 5 times(not sure about number) greater than the normal way the income is calculated. Uhh...I really do not know how to explain this using English..May be hope you could understand. So, anyone has some info and where to find info for using cash in the affidavid of support?

Maybe if you had about $70,000 you could get by. (But I'd bet they'd be cautious if $70,000+ popped into your account suddenly (they might get the idea that that same $70k could disappear just as suddenly).

11. From 10,if cash is ok, what amount of cash will be sufficient to make up for the $10,000 short of income below the poverty line? Also if my bank account just shows a single big amount of transfer from overseas, will that be ok?

I'm not sure there is a perfect answer to this...

12. How many co-sponsors do I allow to have?

You've really got to find a co-sponsor that earns above the minimum.

13. For my own part of affidavid, If I include my car as asset( reasonable value about $7,000) would that help much? Will the value if the asset be weighted 100% of its value? The car is the only big property I and my mom own in the US anyways since we just immigrated 6 years ago.

No - can't use your personal vehicle.

14. Given the situation, in your opinion/experience, do you think I have a chance to pass this? I would also appreciate any opinion or advice that is not directly answer to the questions I ask as well.

Unless you can find a suitable and qualified co-sponsor, you may have a difficult road (and you're dealing with the US Embassy/Consulate in Thailand no less).

Now I need a coffee...

[ThaitoUSA 15]

Bangkok consulate does not accept cosponsors for K-1 visa petitions. As things are you do not have much of a chance of your fiancée receiving the visa. You could get a new job that would meet the requirements. My wife also recommends getting married and petitioning for CR-1 visa which can have a co-sponsor.

Edited November 1, 2009 by ThaitoUSA

[Gary and Alla 3,694]

If you can talk yer lass into DELAYING sending the P3 docs back to the Embassy, you might gain 2 to 3 months.

Now - what can you do in 2 to 3 months for income? For a NEW JOB paying 30K?

If you can't get a 30K year job in the next 2 to 3 months, can you get 90K in cash, sock it into a saving account? If so, you can use that INSTEAD of income - as an ASSET.

re: interviews in Bangkok - have you read the embassy review section here? was it useful , or no ?

Good Luck !

Bangkok is one of few consulates that do not accept co-sponsors for K-1 visas. You will need to support her yourself with your own income.

Incomes cannot be combined for the I-134. Your mother would not count in your family size, even if she lives with you, unless she is disabled and you claim her as a dependant on your taxes. So your family size should be 2, requiring a minimum of $18,212 income. If you got a job tosy paying that amount you could list your income as such "per year" even though you haven't worked there a year. I do not think they will qualify you on last years income if you have no current income (or very little). Usually current income rules. Bangkok may be different in this respect, and there is an active Bangkok thread where you can ask. At this point that would be your best hope unless you get a decent job soon.

Bangkok consulate does not accept cosponsors for K-1 visa petitions. As things are you do not have much of a chance of your fiancée receiving the visa. You could get a new job that would meet the requirements. My wife also recommends getting married and petitioning for CR-1 visa which can have a co-sponsor.

Yes, the CR-1 is another option. It means withdrawing the K-1, going to Thailand, getting married then filing the CR-1 petition

[Darnell 8,478]

Gary - I didn't address anything you replied to me about. Sorry? I was only thinking 'to delay the process' whilst he looked for a 30K job, or gather up cash to put in bank account to show as an ASSET.

[Gary and Alla 3,694]

Gary - I didn't address anything you replied to me about. Sorry? I was only thinking 'to delay the process' whilst he looked for a 30K job, or gather up cash to put in bank account to show as an ASSET.

Well, I was replying to the OP, I guess yours was the last post I read and the OP was so damn long I couldn't bear to copy the whole thing again! Yours was a lot shorter. Then again I could have replied without copying anything but I guess it seemed a good idea at the time.

Although, now I am thinking, where does the $30,000 per year come from? The family size would be two and he needs to make only $18,212 to do that.

The OP needs to make some choices. K-1 or CR-1. School or work? You are going to need to show sufficient income to do this, Bangkok does not accept co-sponsors for K-1s, so it is on you. Cut back your school hours, or go to school at night, work full time, or even part time if it is a good paying job.

[Ning 619]

Bangkok consulate does not accept cosponsors for K-1 visa petitions. As things are you do not have much of a chance of your fiancée receiving the visa. You could get a new job that would meet the requirements. My wife also recommends getting married and petitioning for CR-1 visa which can have a co-sponsor.

In two cases I know of BKK did allow the use of close family members as co-sponsors in K 1 cases. I helped those people write a letter of explanation to attach to the 134. Both of them were approved & they are in the USA now.

[ThaitoUSA 15]

Ning, are you offering to help Trakool draft a letter of explanation as well?

[Trakool 0]

Bangkok consulate does not accept cosponsors for K-1 visa petitions. As things are you do not have much of a chance of your fiancée receiving the visa. You could get a new job that would meet the requirements. My wife also recommends getting married and petitioning for CR-1 visa which can have a co-sponsor.

In two cases I know of BKK did allow the use of close family members as co-sponsors in K 1 cases. I helped those people write a letter of explanation to attach to the 134. Both of them were approved & they are in the USA now.

Hi, Thank you so much Ning for your advice. I really take your advice into account and already draft the letter explaining the situation to be used at the interview. I also taliked to my girlfriend and she said she will try hard no matter what to give answers at the interview, and I trust her on that part because I know she always fight. Anyways, I weight the evidence over the persuasive answers at the interview anyways. Do you have a specific instruction or advice for me? I recieved your message and that really helps he find a way to make the next move, thanks.

Ning, are you offering to help Trakool draft a letter of explanation as well?

Sawasdee-kub...guess you 2 know each other? Thank you so much for you all coming here to help

[Trakool 0]

No More Coffee For You...

1. Can my income of last year be counted in the calculation for the poverty line? Mine and my mom'scombine would be right at $23,000 line but if mine cannot be counted, we would run about $10,000 short. So, normally when you are unemployed, will you qualify to use the last year's income in the support?

Last year's income is last year's income. CURRENT income is what counts. A sponsor will submit (at least) the most recent year's tax return (or transcript) but your main qualification as a sponsor will be what you're earning now (essentially)

2. I also read from our forum that only 100% of poverty income is required for I-134..is that true?

Yes - if you're active-duty military or political asylum (I think).

3. How would that effect me by the fact that I am unemployed. It asks in the I-134 form. It also asks me to present my last few paychecks (which dated May 09..about 5 months ago). Even if I could find a c0-sponsor, will they focus on me is unemployed? (I'm worried that they may ask my fiancee on the interview)

Paychecks from May are not current pay-stubs; unemployed is unemployed.

4. Would it help or opposite if I ask my former employer to write the letter about my (un)employment since it is optional? , or, Would it help if I could go back to apply and work at the same place right now and then ask my boss to writh the letter stating that I am employed? Would that worthwhile because I quited the job because the workloads from the classes are getting seriously high and I value my education/graduation the first priority if I need to take care of my family. I would like to see your personal opinions.

Getting a job (whether the same one you had previously or not) is definitely an option (if you can earn $23k/year; by showing recent pay-stubs). You're a student though - so perhaps the focus should be on finding a suitable co-sponsor or reevaluating some priorities (just my opinion).

5. I recieved the NOA2 on October 27th, and it says it takes about 4 weeks until my fiancee recieves packet3. Would the process get done within this year?

Maybe.. the year is quickly running out though..

6. From 5, if process within this year, would I put the annual income of 2008, or monthly income in number 7 in the I-134 form? I'm a bit confused here.

You're unemployed - that's what matters here.

7. From 6, if the process is within this year and I used my 2008 income in calculation for support, when my fiancee come to the US and we adjust the status, we file another form of Affidavid of support. It would certainly take place next year, will I need to use the income from tax report of 2009 (about $4500 only ) or I just keep the same as what I fill in I-134 using 2008 income? Depends - either way it doesn't really matter in this case.

8. According to my situation, will my aunt who is retired become a co-sponsor?

(After scrolling back up to check - appears you left out what she earns so) the answer is; she can, if she earns enough for the appropriate sized household.

9. Will my family who lives overseas be able to become the co-sponsors?

No.

10. If not, will it help if they send cash into my account in the US? I l heared that the amount of cash required to make up for the remaing amount that is short-coming from the poverty line must be 5 times(not sure about number) greater than the normal way the income is calculated. Uhh...I really do not know how to explain this using English..May be hope you could understand. So, anyone has some info and where to find info for using cash in the affidavid of support?

Maybe if you had about $70,000 you could get by. (But I'd bet they'd be cautious if $70,000+ popped into your account suddenly (they might get the idea that that same $70k could disappear just as suddenly).

11. From 10,if cash is ok, what amount of cash will be sufficient to make up for the $10,000 short of income below the poverty line? Also if my bank account just shows a single big amount of transfer from overseas, will that be ok?

I'm not sure there is a perfect answer to this...

12. How many co-sponsors do I allow to have?

You've really got to find a co-sponsor that earns above the minimum.

13. For my own part of affidavid, If I include my car as asset( reasonable value about $7,000) would that help much? Will the value if the asset be weighted 100% of its value? The car is the only big property I and my mom own in the US anyways since we just immigrated 6 years ago.

No - can't use your personal vehicle.

14. Given the situation, in your opinion/experience, do you think I have a chance to pass this? I would also appreciate any opinion or advice that is not directly answer to the questions I ask as well.

Unless you can find a suitable and qualified co-sponsor, you may have a difficult road (and you're dealing with the US Embassy/Consulate in Thailand no less).

Now I need a coffee...

Hi, Thanks..Your answers are short and comprehensive ( may be I should learn to write like this too!!) It helps me answer many questions. I quess I misunderstood about many things before, so I guess I was right to ask.

[Trakool 0]

If you can talk yer lass into DELAYING sending the P3 docs back to the Embassy, you might gain 2 to 3 months.

Now - what can you do in 2 to 3 months for income? For a NEW JOB paying 30K?

If you can't get a 30K year job in the next 2 to 3 months, can you get 90K in cash, sock it into a saving account? If so, you can use that INSTEAD of income - as an ASSET.

re: interviews in Bangkok - have you read the embassy review section here? was it useful , or no ?

Good Luck !

Bangkok is one of few consulates that do not accept co-sponsors for K-1 visas. You will need to support her yourself with your own income.

Incomes cannot be combined for the I-134. Your mother would not count in your family size, even if she lives with you, unless she is disabled and you claim her as a dependant on your taxes. So your family size should be 2, requiring a minimum of $18,212 income. If you got a job tosy paying that amount you could list your income as such "per year" even though you haven't worked there a year. I do not think they will qualify you on last years income if you have no current income (or very little). Usually current income rules. Bangkok may be different in this respect, and there is an active Bangkok thread where you can ask. At this point that would be your best hope unless you get a decent job soon.

Bangkok consulate does not accept cosponsors for K-1 visa petitions. As things are you do not have much of a chance of your fiancée receiving the visa. You could get a new job that would meet the requirements. My wife also recommends getting married and petitioning for CR-1 visa which can have a co-sponsor.

Yes, the CR-1 is another option. It means withdrawing the K-1, going to Thailand, getting married then filing the CR-1 petition

I think I would consider going back to work for sure( part-time) The restaurant work of mine does not pay big, so I thin kI I were working as of right now, at the end of the year I still will be below $10,000. I think I only need to work full time to get above $18,000 which is not virtually doable this year. I talked to both my family and my girlfriend, they ask me to keep going to school. I think I have a dilemma now . Anyways, regarding your adice, Ning suggests that may be I could write a letter clearly explaining the situation and try to talk to the pople at the consulate during the interview, that couls give me a shot at this. May I ask you if we try first at the interview and get denied, then file the CR-1 later, will being denied of a previous visa affect the application for CR-1? or should I withdraw my I129?

[Darnell 8,478]

ya, that's why i suggest you tell yer lass to DELAY sending back the P3 packet.

Then, after the fall term is OVER, YOU go get a full time job (30K is my magic number ) -

then once you get a full time job - have her send the P3 packet in.

It's a TIMING THING, see...

If you have in hand, an employment letter on a 30K/year job, for the I-134, it will trump all of the prior low-income issues that you have.

You can return to school for the summer.

Good Luck !

[Trakool 0]

ya, that's why i suggest you tell yer lass to DELAY sending back the P3 packet.

Then, after the fall term is OVER, YOU go get a full time job (30K is my magic number ) -

then once you get a full time job - have her send the P3 packet in.

It's a TIMING THING, see...

If you have in hand, an employment letter on a 30K/year job, for the I-134, it will trump all of the prior low-income issues that you have.

You can return to school for the summer.

Good Luck !

Hmmm..That could be an not quit idealistic but realistic option for me!!! Thanks, I guess I may have to sacrifice the spring semester. By the way, what do you think if I;

1) would start the work after this fall semster ends, then make above$18,000 by around July 10 and have a previous 2009 tax report of $4500 , compared to

2) Start the work now and end up makind around $7,000 by new year, have tax report of 2008 for $11,000 and then try to do as Ning suggested by having my mom as sponsor anyways and write the letter to explain.

But as I have read some comments, the CURRENT income outweights the tax report od the previous year, may be choice 1 looks better?

Oh and when you mention to delay to send the packet3, do you mean to ask the officer to delay sending it to my gf, or to my gf to delay sending it out to the embassy? And normally do they have a time limit (for the benificiary) to response/submit the packet3 to the embassy?

I am really sorry for everyone here when I ask a lot of questions that may be a bit obvious. I plan to call to ask the USCIS as soon as it's monday anyways,but it just really is tempting me to ask. I just worry that I might not understand when the officer explains thright the phone (I really have a problem understand english when it comes to talking to the phone). So, Thank you very much

[Darnell 8,478]

1. have yer lass DELAY returning the packet 3 to the Embassy AFTER she receives it FROM the embassy, from 2 to 3 months from the date that she RECEIVES it. This buys you some time, and you need this time to finish up the fall semester, and get a 30K job.

2. na - get the big job after fall term ends. Forget about 'amt of money made since hired' and focus on 'annual salary amount', instead. Seriously - get that 30K/yr job right after the fall term ends. Skip the spring term or take 2 or 3 night classes, work during the day, get away from the resturant work. It doesn't matter the AMOUNT OF MONEY MADE from the time you start the job to the time of interview day - what MATTERS is the annual salary that you are HIRED at, which will be reflected in the EMPLOYMENT letter that the HR department will make for you. Whilst yer still on campus, hit the uni job / career office, dig through the employment offer books and the online portals that the uni has. Talk with the uni career counselors about finding that 30K /year job. They are there to help you, part of your fees pay part of their salaries.

3. send out the employment letter to your lass, along with the I-134, two weeks before the interview day.

4. calling USCIS is a waste of time on this matter. All the data you need is available online, you'll get much better (and focused ) opinions here on VJ.

5. re-read all of my posts in your thread, here, 3 times. I was succinct and to the point when writing - but yer missing my points (your questions are indicative that you've just skimmed ). Map out what I've written on a calendar, make a flowchart even. Big paper, green crayon.

Note - I never suggested anything 'idealistic' but always 'realistic' for you. If you can make it happen, you'll be out of the danger zone for the I-134 income requirements.

Later, when she comes into the USA, marry and file AOS immediately. Then when the next full semester comes around, she can work full time whilst YOU are back in school. Keep that up until you FINISH the degree, then get out there and get The Regular Job .

If my list seems too much, or tedious - ask your mom to read all of my stuff here, get her INPUT.

Edited November 2, 2009 by Darnell