Financial Support has my head a spinning!

[Rey Cobham 0]

I've trawled through a load of posts on here but not found anything which puts my mind at rest

For the DS-156K form, I have to show evidence of financial support. My fiancee is the US petitioner, and just makes enough cash to keep the family fed 'n housed etc, but doesnt meet the 125% guidelines.

She currently earns around $13000 a year, getting a further $7200 child support from her ex husband for her 2 children. She currently recieves $45 a month for food stamps while her eldest son is with her (he'll be gone by the time I arrive)

The questions on my mind are:

A) When we marry (assuming everything goes through) will she continue to receive child support from her ex for his/her children or do I inherit them and become expected to provide before them? (I dont have a problem with this BTW, but it would clearly affect our numbers, probably for this and definitely for the AOS!)

B) I dont have much in the way of savings, but am currently on 18k UKP a year, and own a house worth approximately 90 to 100k UKP, with around 60k UKP owed in mortgages and loans outstanding. I am planning on keeping the house initially, selling after 6 months or so when we know everythings going as intended! It appears that notorized statements from the bank indicating my ownership of the house might be enough, can anyone confirm this? It appears they count this kind of asset at a 5th of its value, and require that I be able to obtain these funds within 12 months, which shouldnt be a problem.

C) If she has $20000 income per year, then I assume I would be expected to provide the extra $5000 for a 4 person family as a minimum? Obviously I'm hoping to get AOS as soon as possible and find employment myself!

D) What on earth am I meant to be sending with this form as proof? Notorized Statements of all my accounts/mortgages?

E) Will her food stamps count against us? She wont be getting them once her eldest leaves (next month)

F) We have a possibility of getting her sister to be an Affidavit of support, and whilst we dont expect to need any funds from outside how much would this aid our application? It does seem a lot of work for the sponsorship and if it can be avoided we'd rather!

G) Whats the best route of getting funds from house sales etc to an account in the US?

H) Can anyone suggest a good pain reliever for the headaches caused by this paperwork?

Any help would be much appreciated,

Rey

[Clarky and Tarah 0]

I'm not an expert on this or anything, but from what I've read and questions I've had answered myself, it seems like you'd be better of having her sister co-sponsor you. Does your sister make above the 125% poverty guideline?

The only thing I can answer for sure is H.) Tylenol PM - It also helps me sleep

[Ladylethal 12]

A) When we marry (assuming everything goes through) will she continue to receive child support from her ex for his/her children or do I inherit them and become expected to provide before them?

I'm not sure how that works.

B) I dont have much in the way of savings, but am currently on 18k UKP a year, and own a house worth approximately 90 to 100k UKP, with around 60k UKP owed in mortgages and loans outstanding. I am planning on keeping the house initially, selling after 6 months or so when we know everythings going as intended! It appears that notorized statements from the bank indicating my ownership of the house might be enough, can anyone confirm this? It appears they count this kind of asset at a 5th of its value, and require that I be able to obtain these funds within 12 months, which shouldnt be a problem.

For the affidavit of support, your income as the foreigner won't come into play. Your fiancee alone must be above the 125% guidelines. In your case, she isn't, so she needs a co-sponsor, and that co-sponsor MUST be a US citizen. So you can't use your assets to complement her affidavit. You're the one being sponsored, and you're not american.

C) If she has $20000 income per year, then I assume I would be expected to provide the extra $5000 for a 4 person family as a minimum? Obviously I'm hoping to get AOS as soon as possible and find employment myself!

You won't be able to provide the extra, not even when you file the AOS. Again, she'll need a co-sponsor. I believe $20000 is not 125% of the guidelines for a household of 4. Remember the 125% minimum is for her entire household, plus yourself, both for the K1 and later for the AOS.

D) What on earth am I meant to be sending with this form as proof? Notorized Statements of all my accounts/mortgages?

You don't have to send anything for the affidavit of support. She and her co-sponsor will have to send tax returns for the past 3 years (some consulates will say past one year is enough), bank statements and employment proof (a letter from her boss saying what she does, how much she makes, and for how long).

E) Will her food stamps count against us? She wont be getting them once her eldest leaves (next month)

The food stamps won't count against you, but I think (and you'll have to wait for better info on this) it can't be counted towards the 125% guideline.

F) We have a possibility of getting her sister to be an Affidavit of support, and whilst we dont expect to need any funds from outside how much would this aid our application? It does seem a lot of work for the sponsorship and if it can be avoided we'd rather!

If her sister makes 125% of the poverty guidelines, for her entire household plus yourself (not your fiancee's), she can be used as a co-sponsor, and yes, I believe you'll need her, as I've explained above).

G) Whats the best route of getting funds from house sales etc to an account in the US?

I have no idea about that one.

IMPORTANT: You should read and ask for help in the Foreign Embassy Forum, that's where all matters of the affidavit of support for K1 are discussed.

[msu17 0]

Do you mean the I-134? The DS-156K has nothing to do with finances.

[Ladylethal 12]

I forgot to add that too, YOU (the OP) won't fill in ANY financial papers during this process.

[Rey Cobham 0]

Many thanks to all so far for the input. We were really hoping to avoid involving her family with all this, but it seems we have no choice. I'm surprised that no account is taken of my accounts/assets.

The form DS-156K asks specifically for the documents showing "evidence of financial support", this section suggests the I-134 be used as an efficient way to provide this information, but doesnt seem to demand it, the guide even goes so far as to talk about the applicants own funds - which for the purpose of the 156K would be me as the applicant surely? /boggle !!

I'll have to read up further on it, tis truly a painful system :/ Thats me done for tonight, I'm not looking forward to the medical either after my back operation, its been a fun ole year !

Much love to ya all for helping,

Rey

[YuAndDan 153]

Good info on this can be found here: http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

[rebeccajo 14]

Many thanks to all so far for the input. We were really hoping to avoid involving her family with all this, but it seems we have no choice. I'm surprised that no account is taken of my accounts/assets.

The form DS-156K asks specifically for the documents showing "evidence of financial support", this section suggests the I-134 be used as an efficient way to provide this information, but doesnt seem to demand it, the guide even goes so far as to talk about the applicants own funds - which for the purpose of the 156K would be me as the applicant surely? /boggle !!

I'll have to read up further on it, tis truly a painful system :/ Thats me done for tonight, I'm not looking forward to the medical either after my back operation, its been a fun ole year !

Much love to ya all for helping,

Rey

At the London consulate, your assets can be taken into account. Read up for anecdotal interview accounts and familiarize yourself with the I134, which is the sponsorship document (not the I-156). Then come back with any questions you may have. I think things will be much clearer for you after you do a bit of research.

Edited July 4, 2007 by rebeccajo

[Rey Cobham 0]

OK after more headbanging, it appears we missed the fact the Pam the US petitioner had to send me a I-134 after the I-129F got approved.

The package I have been sent has conflicting messages. It says 'do not send in any documents with the forms: DS-230 part one, DS-156, DS-156K and DS-157'. However DS-156K indicates that birth certificate, police certificate, evidence of engagement and evidence of financial support should all be provided with the application. Having read through the posts here and the "guidance" it would seem I keep hold of these certificates until the interview, and that DS-156K is being misleading.

As mentioned before, Pam doesnt earn the 125% of the poverty line needed. So from what you all have said and what i've managed to read up on, she still needs to fill in the I-134 as sponsor, but also requires a co-sponsor to also fill in a I-134. This sound about right?

Since everything else for the given forms is in order, can I send off the completed DS-230 part one, DS-156, DS-156K and DS-157 forms and get the ball rolling on the next one while we go about getting the I-134s notorized etc?

I'm still confused as to what I should do regarding showing my own financial state. I will have enough to exist on in the US without being a burden for the first six months or so, at which point the sale of my house will provide enough cash to live comfortably until I get the AoS, assuming we can get through that hurdle! Obviously if showing official bank/mortgage statements from my own accounts will help show that I will not be a burden this would be great, but I cant see any relevant forms or media to help me do this! I'm assuming I cant fill in an I-134 for myself... 8-}

Yours, in perpetual confusion,

Rey

[*JG* 2]

If someone else is paying child support, that continues even into the next marriage, unless it was worked out in some court documents that it ends when she marries again. I know this from experience.

The number of people living in the household would have to be explained on all documents. Child support can be included in any financial calculations.

The financial support forms are on the petitioner. What you make/made from the sale of a house is not taken into account unless you were to, say, sell the house early, and put that money into her bank account before she filed the paperwork.

I think the sister may need to co-sponsor as well.

[Yodrak 7]

Rey,

K visa applicants, like any other non-immigrnat visa applicants, do not need sponsors if they have sufficient financial resources to support themselves while they are in the USA. If they do not have sufficient financial resources of their own (and most K-visa applicants do not) then they need a sponsor. The US consular section in London will take your assets into account if they are liquid enough and substantial enough.

When a sponsor is required the sponsor needs to document that they have sufficient financial resources to support the visa applicant, and I-134 is a convenient form to use to show what financial resources the sponsor has available. Use of I-134 is not required, it's at the discretion of the consular officer. Most consular officers exercise that discretion. Recognize that I-134 is not a stand-alone document - all financial resources shown on the I-134 need to be appropriately documented.

Recognize also that you will be required to have your wife sponsor you, using I-864, for your adjustment of status. For this there are clearly defined rules for how your assets may be taken into account.

Yodrak

Many thanks to all so far for the input. We were really hoping to avoid involving her family with all this, but it seems we have no choice. I'm surprised that no account is taken of my accounts/assets.

The form DS-156K asks specifically for the documents showing "evidence of financial support", this section suggests the I-134 be used as an efficient way to provide this information, but doesnt seem to demand it, the guide even goes so far as to talk about the applicants own funds - which for the purpose of the 156K would be me as the applicant surely? /boggle !!

I'll have to read up further on it, tis truly a painful system :/ Thats me done for tonight, I'm not looking forward to the medical either after my back operation, its been a fun ole year !

Much love to ya all for helping,

Rey

Edited July 5, 2007 by Yodrak

[Rey Cobham 0]

Awesome post thank you Yodrak et al!

Thats cleared up a few things.

Am I right in thinking that documents (birth, police, financial etc) do *not* need to be sent with the DS-156K but that we must provide proof of financial support for the interview?

The 'additional instructions' which dictates which forms they require states:

"We do not want you to send us any of your personal documents at this stage..."

Whereas at the end of the DS-156K (which is included as one of the forms to be sent) states:

"The following documents must be attached in order to apply for a fiance(e) nonimmigrant visa:

birth cert.

police cert.

evidence of engagement

evidence of financial support etc etc"

Which is it?

Rey

[Yodrak 7]

Rey,

Follow the directions that the consulate gives you.

Yodrak

Awesome post thank you Yodrak et al!

Thats cleared up a few things.

Am I right in thinking that documents (birth, police, financial etc) do *not* need to be sent with the DS-156K but that we must provide proof of financial support for the interview?

The 'additional instructions' which dictates which forms they require states:

"We do not want you to send us any of your personal documents at this stage..."

Whereas at the end of the DS-156K (which is included as one of the forms to be sent) states:

"The following documents must be attached in order to apply for a fiance(e) nonimmigrant visa:

birth cert.

police cert.

evidence of engagement

evidence of financial support etc etc"

Which is it?

Rey