Affidavit of Support

[rainmaykr 0]

Hello All,

Congrats to all of you who are making it work and seeing the results. My fiance and I are on our way, but it seems every time we turn around, there's another obstacle! But we just keep trekking along...

So I have some questions: this affidavit of support.... anyone going thru it? Any help/advice on how to get it processed the first time around?

I have a full-time job, make enough to make the poverty guidelines right now, but I'm concerned about the submitting of the past 3 years of tax return forms. I was a student up until May 2005 and didn't really work that much- didn't make that much. Will that effect this form? Can I explain that with it?

Please help!

[brnidokiegurl 0]

Im not sure if that now your evidence shows enough, that you have to submit the past years maybe someone will come along to help. Get the letters from your work and the bank , current check stubs etc this will show the for now situation. If you do send past im sure they will realize you were a student in the past employment section.

[ELW 5]

I just started working in US in Jan 2006, I never filed tax returns before then because I never worked. I just sent the returns for 2006 and an explanation letter, along with letters from my bank and employment.

Did you make enough in 2006 (& file taxes) to be within the poverty guidelines? If not, I'm not sure if just a present job is enough. Maybe you need to get a co-sponsor just to be sure.

Anyone else out there know for sure?

[rebeccajo 14]

Education time.

Look at the instructions for the I134. Tell me where you see any mention of three years income tax returns.

[Jennymc11 2]

That is what I was wondering, Rebeccajo. I didn't know if I am missing something or what... Aren't tax returns only required if you are self employed?

[rebeccajo 14]

Typically jenny, yes.

Each petitioner needs to familiarize themselves with any peculiarities for their own consulate.

[Nina+Matt 0]

i know we just got NOA1 and i shouldnt really worry about that right now, but i do worry a little about the affidavit of support!

my fiance matt was in the air force untill december 2006, now that hes out hes not earning any money yet! hes looking for a job in the next weeks and he also wants to start studying sometime soon.

do you think he can still sponsor me? or can his dad co-sponsor? i dont know how this works, but im kinda afraid of not getting the affidavit of support!

can someone help me out?

[Dan J 277]

What you need to require for the affidavit depends on your consulate and what you are using as your support (assets, current employment, etc).

According to the form. You can include a letter from your employer if your currently employed. You can include last 3 years of tax returns if your self-employed or account statements if you are using your assets as support. Consulates may require addtional documentation.

If your currently not making enough to meet the guildlines or are just above the limit, finding a co-sponsor would probably be a better choice even if you dont have to rely on them as a sponsor. Its better to just get a co-sponsor than it is getting your visa delayed or denied.

[Dan J 277]

i know we just got NOA1 and i shouldnt really worry about that right now, but i do worry a little about the affidavit of support!

my fiance matt was in the air force untill december 2006, now that hes out hes not earning any money yet! hes looking for a job in the next weeks and he also wants to start studying sometime soon.

do you think he can still sponsor me? or can his dad co-sponsor? i dont know how this works, but im kinda afraid of not getting the affidavit of support!

can someone help me out?

If he gets a job by the time he needs to fill out the affidavit that meets the requirements, he should be able to sponsor. Otherwise he can use his dad or another friend or relative to co-sponsor. Your co-sponser will have to meet a higher level of income than your fiancee would. Because your co-sponser, would have to include him/herself, any dependents (which may be 0 if they are not married or have kids), your fiancee and you. If your fiancee is the sponsor, than he would just have to meet the requirements to sponsor himself and you. This is assuming the two of you dont have any kids/dependents.

[Nina+Matt 0]

i know we just got NOA1 and i shouldnt really worry about that right now, but i do worry a little about the affidavit of support!

my fiance matt was in the air force untill december 2006, now that hes out hes not earning any money yet! hes looking for a job in the next weeks and he also wants to start studying sometime soon.

do you think he can still sponsor me? or can his dad co-sponsor? i dont know how this works, but im kinda afraid of not getting the affidavit of support!

can someone help me out?

If he gets a job by the time he needs to fill out the affidavit that meets the requirements, he should be able to sponsor. Otherwise he can use his dad or another friend or relative to co-sponsor. Your co-sponser will have to meet a higher level of income than your fiancee would. Because your co-sponser, would have to include him/herself, any dependents (which may be 0 if they are not married or have kids), your fiancee and you. If your fiancee is the sponsor, than he would just have to meet the requirements to sponsor himself and you. This is assuming the two of you dont have any kids/dependents.

what exactly is a dependent? do all of his children and his wife count as such?

where can i get info about the requirements for the affidavit of suport?

[TimsDaisy 0]

From my memory and understanding at this point - tax returns are requried for the I-864, not the I-134 which is what will be required during the K1 process. When you go through AOS, you need to worry about tax returns.

[Dan J 277]

Children under 18 are ussualy dependents. Children in collage are somtimes still considered dependents. Depending how taxes are filed, if he has a wife she may or may not be counted as a dependent. Filed as a married couple yes, filed seperatly I dont think so.

Here are the 2007 guidlines. http://aspe.hhs.gov/poverty/07poverty.shtml

The table is not labled, but the first column is the number of people being supported. The first column is the poverty guildline if you live in the 48 contiguous states. 3rd column is alaska, and the 4th is hawaii.

Your sponsor has to make or have assets for 125% of the numbers on that table. For two people in the lower 48 states the poverty guildline is $13,690. Your fiancee would have to make $17112.5 per year to satifiy the guidline. If your fiancee's father supported you and your fiancee, and he didnt have any dependents (wife or children) you would take the number for 3 people, and multiply it by 125%.

[rebeccajo 14]

If he gets a job by the time he needs to fill out the affidavit that meets the requirements, he should be able to sponsor. Otherwise he can use his dad or another friend or relative to co-sponsor. Your co-sponser will have to meet a higher level of income than your fiancee would. Because your co-sponser, would have to include him/herself, any dependents (which may be 0 if they are not married or have kids), your fiancee and you. If your fiancee is the sponsor, than he would just have to meet the requirements to sponsor himself and you. This is assuming the two of you dont have any kids/dependents.

Not quite right.

First - again - show me in the I134 where it makes mention of household size.

Second - When you get to the I864, the petitioner is the IMMIGRANT, not the USC. In marriage based cases, the USC spouse is the sponsor. If a joint sponsor is required, the immigrant petitioner is added to the joint sponsors income requirements, and not the USC sponsor (unless of course they all really live in the same household).

From my memory and understanding at this point - tax returns are requried for the I-864, not the I-134 which is what will be required during the K1 process. When you go through AOS, you need to worry about tax returns.

Singular. Not plural (unless you are self employed).

Your sponsor has to make or have assets for 125% of the numbers on that table.

Show me where it makes mention to a 125% requirement in the instructions for the I134.

[rebeccajo 14]

*bump*...just because....

[Yodrak 7]

Further education time.

Look at form OF167, now known as DS-2000, which tells one what information one can submit to meet the public charge provisions of the law. Look also at the FAM, in particular 9 FAM 40.41 Notes. You'll find that, when a sponsor is required, recent tax returns are one type of information that can be submitted by a proposed sponsor. Ask your consulate, or others who have used your consulate, if they expect tax returns to be submitted, and if so do they want 1 year or 3 years worth.

You'll also find that form I-134 is optional at the discretion of the consular officer processing the case. I-134 is hardly the instructions for meeting the public charge provisions of the law for a non-immigrant visa, I-134 is but one of many pieces of evidence that can be presented by a sponsor when a sponsor is required.

Yodrak

Education time.

Look at the instructions for the I134. Tell me where you see any mention of three years income tax returns.