When to file Affidavit of Support

[stevensane 10]

Hi all,

I have noticed for the K-1 there are 2 different affidavit of support forms; the I-134 (http://www.uscis.gov/files/form/i-134.pdf) and the I-864 (http://www.uscis.gov/files/form/i-864.pdf).

I understand that the I-134 is to be filed with the initial K-1 application (or does it even have to be filed at all??) and that the I-864 has to be filed with your Adjustment of Status. Is this correct? If so the I-864 seems odd because I would already be in the US and married to a US citizen. If I am wrong when does it have to be filed?

I have been told that only at the interview will my sponsor's income will be assessed, is that correct? If so, how is it assessed? Do I have to fill in either of these affidavits?

Any help is appreciated!

[hennysemitara 0]

affidavit of support i belive will be submitted when your interview is scheduled

[lost_at_sea 995]

affidavit of support i belive will be submitted when your interview is scheduled

Incorrect for OP. In London, the I-134 goes in person to the interview. It's not sent ahead.

I-134 is used for the K1. London is a really lenient embassy and will accept it so long as it's submitted with enough to meet the poverty guidelines - the evidence can be as little as a job contract and pay stubs.

The I-864 is submitted for Adjustment of Status after you marry in the USA. That's a much stricter form and will need tax return information.

If you're the UK half of the couple, you generally never get to complete either form, unless you're one of the more unusual cases where you're financially sponsoring yourself through savings/assets or a US job.

[stevensane 10]

Incorrect for OP. In London, the I-134 goes in person to the interview. It's not sent ahead.

I-134 is used for the K1. London is a really lenient embassy and will accept it so long as it's submitted with enough to meet the poverty guidelines - the evidence can be as little as a job contract and pay stubs.

The I-864 is submitted for Adjustment of Status after you marry in the USA. That's a much stricter form and will need tax return information.

If you're the UK half of the couple, you generally never get to complete either form, unless you're one of the more unusual cases where you're financially sponsoring yourself through savings/assets or a US job.

Thanks! I realise I'm straddling here and the UK thread, but I appreciate your help a lot!

So the I-865 seems like a big deal! So lets say my fiancée gets this full-time job shes been looking for between now and the interview when I file the I-134 and she earns beyond the poverty guidelines, that should be accepted at that stage. If we still have the same situation financially when it comes to filing the I-864 with the AoS is there any reason they would not accept it? And if so would I then have to leave the US and not be able to re-enter?? I have no reason to believe that will be the case, but am curious to know all the same!

Also, I read on the timeline you sent me that for the AoS "You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status." By the K-1 expiration does that mean the period of 90 days from entering the US in which we have to get married?

[lost_at_sea 995]

Thanks! I realise I'm straddling here and the UK thread, but I appreciate your help a lot!

So the I-865 seems like a big deal! So lets say my fiancée gets this full-time job shes been looking for between now and the interview when I file the I-134 and she earns beyond the poverty guidelines, that should be accepted at that stage. If we still have the same situation financially when it comes to filing the I-864 with the AoS is there any reason they would not accept it? And if so would I then have to leave the US and not be able to re-enter?? I have no reason to believe that will be the case, but am curious to know all the same!

Also, I read on the timeline you sent me that for the AoS "You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status." By the K-1 expiration does that mean the period of 90 days from entering the US in which we have to get married?

Okies...

So.. the I-864 is a much bigger deal. They will want to see tax return information. If your partner is working by then, by the time it comes around, she should have filed her latest tax return. If it says you earn enough, you earn enough. It should be fine. If for some reason they don't agree with you - they'll let you correct the form or find a joint-sponsor. They won't immediately evict you.

You do have quite a lot of "ifs" though - mostly about your partner's job. I think it would be pertinent to consider what you backup plan would look like just incase she doesn't land the job you think she will. Who would be your joint sponsor in that scenario? It can be family or friends.

Re: AOS. Yeah, you should do that ASAP, but the main criteria is that you MARRY within the 90 day window - if you don't get married, you gotta go home. You can file your AOS any time after that, but once your I-94 expires (which is what you get on the way in - the 90 days) you'll be "out of status" until you file your AOS, so it's just a good idea to get that done as soon as possible, but filing AOS outside the 90 days shouldn't prevent it from being approved. The AOS doesn't have to be approved within the same 90 days - just filed for, ideally.

[stevensane 10]

Okies...

So.. the I-864 is a much bigger deal. They will want to see tax return information. If your partner is working by then, by the time it comes around, she should have filed her latest tax return. If it says you earn enough, you earn enough. It should be fine. If for some reason they don't agree with you - they'll let you correct the form or find a joint-sponsor. They won't immediately evict you.

You do have quite a lot of "ifs" though - mostly about your partner's job. I think it would be pertinent to consider what you backup plan would look like just incase she doesn't land the job you think she will. Who would be your joint sponsor in that scenario? It can be family or friends.

Re: AOS. Yeah, you should do that ASAP, but the main criteria is that you MARRY within the 90 day window - if you don't get married, you gotta go home. You can file your AOS any time after that, but once your I-94 expires (which is what you get on the way in - the 90 days) you'll be "out of status" until you file your AOS, so it's just a good idea to get that done as soon as possible, but filing AOS outside the 90 days shouldn't prevent it from being approved. The AOS doesn't have to be approved within the same 90 days - just filed for, ideally.

If by the time we have to fill out the I-864 what will happen if she has not filed a tax return by then? I presume that tax returns are filed annually in the US so depending when that date is she might not have filed her taxes for this hypothetical job yet. Would an official letter of employment stating her annual income not suffice?

I agree it would be good to consider a back-up. So do these family or friends who could be joint sponsors have to be US Citizens or has US permanent resident status?

Thanks for the AoS info. This is all starting to make sense in my head now.

[lost_at_sea 995]

If by the time we have to fill out the I-864 what will happen if she has not filed a tax return by then? I presume that tax returns are filed annually in the US so depending when that date is she might not have filed her taxes for this hypothetical job yet. Would an official letter of employment stating her annual income not suffice?

I agree it would be good to consider a back-up. So do these family or friends who could be joint sponsors have to be US Citizens or has US permanent resident status?

Thanks for the AoS info. This is all starting to make sense in my head now.

Here's all the official info, so you can have a look for yourself.

Sponsor requirements (18, US living, USC/LPR): http://travel.state.gov/visa/immigrants/info/info_3183.html#2

I-864 filing instructions (Jump to Part 6, then look down at point 7 - Item Number 14 Federal Tax Return Information - it shows what supporting forms they'd need and what you'd do if you didn't have a tax return yet): http://www.uscis.gov/files/form/i-864instr.pdf

[Nich-Nick 3,354]

Steven--

A visa gets you in the US for 90 days to marry. No privileges. If you want to become a permanent resident and live and work in the US, then you must apply to adjust your status from K1 visa holder to LPR (permanent resident). There is actually no requirement on your K1 visa other than to marry within 90 days. You can stall around and not adjust status if you choose, but you won't be able to work, get a driver license, or travel outside the US and expect to get back in. Your K1 is void after the one entry to marry. You can't keep using it to come and go. So it is to your advantage to apply for AOS quickly so you can get on with normal life and privileges in the US.

K1 visa requirement, specifically London: Prove that you will not become a public charge at the interview. No financials are submitted or viewed prior to the interview in London. How do you prove that you won't become a public charge? Have your fiancé or somebody else sponsor you and prove their income. Prove your own personal savings and sponsor yourself. No, you would never under ANY circumstance fill out an I-134. If you wanted to sponsor yourself, you simply bring financial statements showing your cash assets and see if the interviewing officer thinks that is enough. There is no set amount. It is a subjective decision by the officer in London. Also, the Dept of State says that generally only 100% of the poverty level is sufficient sponsor salary if your fiancé sponsors you. Your sponsor can prove their income in many ways. London does not have any of them mandatory. So tax return or letter from employer or pay stubs or a big stash of cash shown on bank/financial statements or ownership of stocks and bonds or a pension income....anything that will convince the officer somebody will keep you off welfare while you adjust status and find work.

Greencard/LPR requirements: New process, new department of the US government, new rules. The visa chapter is closed. To apply for the greencard and your work and travel authorization, you file a bunch of new forms and photocopies of documents. One item is an I-864 affidavit of support from you new wife. It goes off in the application. She must fill out one even if she has zero income. Another US citizen or LPR can be a joint sponsor. The law is specific on this, so mother-in-law wont qualify. No, you would never fill out an I-864 to sponsor yourself. the law is also specific that the threshold is 125% of the poverty guidelines.

So assume your fiancé has a job by March and you are married and ready to send the greencard application (AOS) by August. She could provide a letter of employment stating her salary and she could provide copies for her paystubs to show she meet the required income to support you. Yes, the form has lines to fill out asking for amounts from her last three tax returns. If she didn't have tax returns, then she has to answer that one as zero or "no tax return". Doesn't matter. It's only gathering information. That is not a deal breaker.

Yes, it is required to submit the atest tax return or a statement why she was not required to file, Well she has a valid reason not to file a 2013 tax return if she didn't earn around $9500 in all of the year 2013. Or if her part-time job made enough to file, then she will submit a copy of that tax return. Of course it won't show her income from that new job in March 2014. Not a problem because she has other evidence of a new job and current income--the employer letter and paystubs. The tax return does not have to be over the threshold if there is evidence of current employment that wasn't in place in 2013.

[stevensane 10]

Steven--

A visa gets you in the US for 90 days to marry. No privileges. If you want to become a permanent resident and live and work in the US, then you must apply to adjust your status from K1 visa holder to LPR (permanent resident). There is actually no requirement on your K1 visa other than to marry within 90 days. You can stall around and not adjust status if you choose, but you won't be able to work, get a driver license, or travel outside the US and expect to get back in. Your K1 is void after the one entry to marry. You can't keep using it to come and go. So it is to your advantage to apply for AOS quickly so you can get on with normal life and privileges in the US.

K1 visa requirement, specifically London: Prove that you will not become a public charge at the interview. No financials are submitted or viewed prior to the interview in London. How do you prove that you won't become a public charge? Have your fiancé or somebody else sponsor you and prove their income. Prove your own personal savings and sponsor yourself. No, you would never under ANY circumstance fill out an I-134. If you wanted to sponsor yourself, you simply bring financial statements showing your cash assets and see if the interviewing officer thinks that is enough. There is no set amount. It is a subjective decision by the officer in London. Also, the Dept of State says that generally only 100% of the poverty level is sufficient sponsor salary if your fiancé sponsors you. Your sponsor can prove their income in many ways. London does not have any of them mandatory. So tax return or letter from employer or pay stubs or a big stash of cash shown on bank/financial statements or ownership of stocks and bonds or a pension income....anything that will convince the officer somebody will keep you off welfare while you adjust status and find work.

Greencard/LPR requirements: New process, new department of the US government, new rules. The visa chapter is closed. To apply for the greencard and your work and travel authorization, you file a bunch of new forms and photocopies of documents. One item is an I-864 affidavit of support from you new wife. It goes off in the application. She must fill out one even if she has zero income. Another US citizen or LPR can be a joint sponsor. The law is specific on this, so mother-in-law wont qualify. No, you would never fill out an I-864 to sponsor yourself. the law is also specific that the threshold is 125% of the poverty guidelines.

So assume your fiancé has a job by March and you are married and ready to send the greencard application (AOS) by August. She could provide a letter of employment stating her salary and she could provide copies for her paystubs to show she meet the required income to support you. Yes, the form has lines to fill out asking for amounts from her last three tax returns. If she didn't have tax returns, then she has to answer that one as zero or "no tax return". Doesn't matter. It's only gathering information. That is not a deal breaker.

Yes, it is required to submit the atest tax return or a statement why she was not required to file, Well she has a valid reason not to file a 2013 tax return if she didn't earn around $9500 in all of the year 2013. Or if her part-time job made enough to file, then she will submit a copy of that tax return. Of course it won't show her income from that new job in March 2014. Not a problem because she has other evidence of a new job and current income--the employer letter and paystubs. The tax return does not have to be over the threshold if there is evidence of current employment that wasn't in place in 2013.

Hugely helpful! Thanks! I really appreciate having these concepts explained in a digestible format like this.

VisaJourney is great! A lot of my anxiety has been eased by these threads!