I-134 question

[RYCK 0]

when adding up the income of my fiance and making sure we have enough she is the us citizen .. she has a daughter 17 living with her .. my question is her daughter also has a job .. and my fiances income is going to be very close to the minimum since they raise it this year for 3 people .. but does her daughters income have any bearing on it or is it just my fiance now? we just mailed the I-129f and i dont want it denied because of income .. should i start padding my bank account now ??

[YuAndDan 153]

Daughter's income has no bearing on this, the I-134 will show only the sponsor's fiancee's income.

[RYCK 0]

well guess i'm gonna be stuffing my bank account and hope its enough by the time it rolls around to that

[Nutty 2]

Your assets/bank account have no bearing on your wife/fiance's demonstrated ability to be a FINANCIAL SPONSORSHIP.

[Nutty 2]

Your assets/bank account have no bearing on your wife/fiance's demonstrated ability to be a FINANCIAL SPONSORSHIP. Your fiance must meet all minimum qualifications. After she has met the criteria, they will look at your assets.

The affivadit of support considers the following:

Status of Employment

Yearly income

Number of people in household (this is YOU + SPONSOR + number of dependents SPONSOR LISTED ON 1040 TAX FORMS = Household size).

So, if your fiance did not list her daughter as a dependent on her taxes, your household size would be 2.

Another option is to see if your fiance's daughter can CO-SPONSOR you.

[RYCK 0]

actually from the links i read ... it would be taken into account ..if my assests are readily available .. cash fits that criteria .. and can be used against a shortfall .. like if she is a 1000.00 short than i have to make up that difference for a total of 5 years so 1000.00x 5 = 5000.00 i would have to have .... read that right here on visa journey

[RYCK 0]

as per this link here .....

http://www.visajourney.com/forums/index.ph...mp;page=support

[YuAndDan 153]

actually from the links i read ... it would be taken into account ..if my assests are readily available .. cash fits that criteria .. and can be used against a shortfall .. like if she is a 1000.00 short than i have to make up that difference for a total of 5 years so 1000.00x 5 = 5000.00 i would have to have .... read that right here on visa journey

You will have to be stuffing her bank account, or show how the assets will be transfered to the US. ALSO: it is 3 years NOT 5, this is because you can file for citizenship 3 years after becoming LPR, based on continuous marriage and living with a US Citizen,

[RYCK 0]

actually from the links i read ... it would be taken into account ..if my assests are readily available .. cash fits that criteria .. and can be used against a shortfall .. like if she is a 1000.00 short than i have to make up that difference for a total of 5 years so 1000.00x 5 = 5000.00 i would have to have .... read that right here on visa journey

You will have to be stuffing her bank account, or show how the assets will be transfered to the US. ALSO: it is 3 years NOT 5, this is because you can file for citizenship 3 years after becoming LPR, based on continuous marriage and living with a US Citizen,

ok just going by that link read ..

i'm just more curious if its a problem to do it that way ... she cleared it last year because it was only 21,400 .. now its 22,000 and she was just shy of that .. so with a few thousand in the bank as cash on hand ... transfers from Canada to the USA are a breeze .. i'm just wondering if thats enough .. or should i maybe advise her to get a part time job .. to fill out the extra she might miss

[YuAndDan 153]

actually from the links i read ... it would be taken into account ..if my assests are readily available .. cash fits that criteria .. and can be used against a shortfall .. like if she is a 1000.00 short than i have to make up that difference for a total of 5 years so 1000.00x 5 = 5000.00 i would have to have .... read that right here on visa journey

You will have to be stuffing her bank account, or show how the assets will be transfered to the US. ALSO: it is 3 years NOT 5, this is because you can file for citizenship 3 years after becoming LPR, based on continuous marriage and living with a US Citizen,

ok just going by that link read ..

i'm just more curious if its a problem to do it that way ... she cleared it last year because it was only 21,400 .. now its 22,000 and she was just shy of that .. so with a few thousand in the bank as cash on hand ... transfers from Canada to the USA are a breeze .. i'm just wondering if thats enough .. or should i maybe advise her to get a part time job .. to fill out the extra she might miss

Sound like you should be fine.

Consider this technically the I-134 only requires 100% not 125%, so the consulate has some leeway in this matter, I have yet to read about a Canadian having problems with the affidavit of support.

Later when in the USA and adjusting status, the I-864 will require 125%, and by that time you should have it worked out.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Other Immigrant Categories - When an I-134 May be Needed

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

[RYCK 0]

Yu ..

thank you that was very helpful ..