I-134 and financial support is subjective

[James&Christy 0]

Had my interview today, and would like to share my experience of the I-134 and financial support issue. I know it gets to a lot of people (myself included, I was very stressed and worried about it beforehand), which is why I want to write this down.

Christina (USC) is not earning enough according to the guidelines. Fact.

We had real trouble getting a co-sponsor, so in the end Christina just filled out the I-134 and we went with that. Although I am taking funds to the U.S., I was still worried. I have £4000 in the bank (separate account so I don't spend it!!), with a further £6000 due in the next couple of months. I hoped that would be enough.

Before the interview, I had my bank statement to prove the money was in the account. I also had a letter written by myself and the person paying me the money, explaining what is still due - we got this witnessed by a professional person, to give it some weight. I also made up a spreadsheet explaining how this money would enable me to support myself in the U.S., and not become a public charge. I also had payslips from Christina, and a copy of the emails from the embassy saying that 4000 would be enough for the interview at least.

At the pre-interview (the first call, prior to the main interview), I was asked for "affidavit or support and personal funds"... I handed in the I-134 plus my bank statement. I offered the letter too, but they didn't want it. Didn't even have to worry about the rest of the evidence and documentation that I had spent so long getting together.

That was the end of the matter. When it came to the 2nd call (the interview itself), the financial situation wasn't even mentioned!

My experience I think proves that it really is down to your personal situation. You can get through without the (co)sponsor earning enough money. Ok I have personal funds to take too, and I'm sure that made a difference, but who knows what else came into play - the fact I have had a steady job?... the fact everything else was in order...? ... who knows. Or maybe it was because I didn't wear my South Park tie and managed to successfully cover up the huge zit on my face this morning? B)

[rebeccajo 14]

The I-134 for the K-1 interview is not held to the same standards as the I-864 at adjustment of status. Especially in London.

You will need a sponsor or co-sponsor who meets the 125% guidelines when you file for AOS. The only loophole will be if you have been in the US for at least 6 months at the time of your interview and are gainfully employed. Or if you have about $100,000.00 in the bank.

[James&Christy 0]

The I-134 for the K-1 interview is not held to the same standards as the I-864 at adjustment of status. Especially in London.

You will need a sponsor or co-sponsor who meets the 125% guidelines when you file for AOS. The only loophole will be if you have been in the US for at least 6 months at the time of your interview and are gainfully employed. Or if you have about $100,000.00 in the bank.

Yes I was referring specifically to the I-134 and the embassy interview, not the AOS, which I know is going to be much more strict.

What is this loophole then?

Edited February 7, 2006 by James&Christy

[pax 0]

What Rebecca said.

And let that not overshadow my happiness for the OP. But I don't think it's wise to possibly leave people the widespread impression that 1.) any K-1 case would be successful doing this; or 2.) the I-864 specifications won't still apply for AOS regardless.

The "loophole" to which Rebecca refers is one by which the immigrant's income can count towards the I-864's household income specifications IF the couple has been domiciled jointly in the U.S. for a period of at least six months when the I-864 is completed. For most people filing AOS post-K-1 entry and marriage, that's a no-go, since the I-864 has to be submitted in conjunction with the I-864 now. It can help at the interview, though.

Edited February 7, 2006 by pax

[James&Christy 0]

You make a fair point, so for anyone reading this who's not yet had their interview...

DO NOT TAKE MY CASE TO MEAN YOU CAN GET THROUGH WITH INSUFFICIENT SPONSORSHIP

All I want to do is add my experience into the melting pot, and the main point I was trying to make is that I think it really is all down to personal circumstances, and they look at everything.

[pax 0]

For most people filing AOS post-K-1 entry and marriage, that's a no-go, since the I-864 has to be submitted in conjunction with the I-864 now.

should be "in conjunction with the I-485 now"

[meauxna 15]

The "loophole" to which Rebecca refers is one by which the immigrant's income can count towards the I-864's household income specifications IF the couple has been domiciled jointly in the U.S. for a period of at least six months when the I-864 is completed.

To clarify a bit...

(from the I-864 instructions)

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line or (100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member. However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

(more)

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum income requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

meauxna here: Note that there is no householding requirement for the use of assets. If the immigrant has assets (either in the US or held abroad) that meet the guidelines, they may *always* be used in the I-864. Remember that the value of assets is calculated at 1/5 their cash value and the asset must be able to be converted to cash within 12 months.

The value of James' experience is that there are many couples in the situation where the foreign spouse may be the main breadwinner, and this is a way to get them *to* the US so they can start earning a US based income and contribute toward their own support on the I-864.

A fresh I-864 may be submitted at the interview to replace a previously filed, insufficient I-864.

[rebeccajo 14]

The "loophole" to which Rebecca refers is one by which the immigrant's income can count towards the I-864's household income specifications IF the couple has been domiciled jointly in the U.S. for a period of at least six months when the I-864 is completed.

To clarify a bit...

(from the I-864 instructions)

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line or (100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member. However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

(more)

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum income requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

meauxna here: Note that there is no householding requirement for the use of assets. If the immigrant has assets (either in the US or held abroad) that meet the guidelines, they may *always* be used in the I-864. Remember that the value of assets is calculated at 1/5 their cash value and the asset must be able to be converted to cash within 12 months.

The value of James' experience is that there are many couples in the situation where the foreign spouse may be the main breadwinner, and this is a way to get them *to* the US so they can start earning a US based income and contribute toward their own support on the I-864.

A fresh I-864 may be submitted at the interview to replace a previously filed, insufficient I-864.

Mo....i love you........*lol*

[pax 0]

We Mo.

[Yodrak 7]

It's not a loophole, it applies to any household member of at least 6 months, as meauxna's reference indicates.

And the couple does not have to be domiciled jointly for 6 months in the US, they just have to have been "domiciled jointly" (living in the same residence) for 6 months.

Yodrak

...

The "loophole" to which Rebecca refers is one by which the immigrant's income can count towards the I-864's household income specifications IF the couple has been domiciled jointly in the U.S. for a period of at least six months when the I-864 is completed. For most people filing AOS post-K-1 entry and marriage, that's a no-go, since the I-864 has to be submitted in conjunction with the I-864 now. It can help at the interview, though.

[pax 0]

Yodrak, are you sure about that? And how would a K-1 couple be domiciled jointly for six months before filing the AOS application anywhere but in the U.S.? I'm not trying to second guess you, but I'm almost sure that, for a K-1, the couple would need to be domiciled jointly in the U.S. It might be different for a CR-1, I guess.

[Keigwyn 1]

I would just like to add my two cents or tupence worth here....

For some the process involved in the I134 is stressful, as is the K-1. It helps to know that you don't need too much at this stage. Some have got through with a few thousand pounds personal savings and no I134 (Afterall the K1 is only valid for 90 days so you effectively only need to support yourself this long)

Additionally, there is no concept of 'household' on the I134. If you have another income in the household that can be used as co-sponsor for the I864 then the mathematics are very different as it is household income that is the key...

[pax 0]

For some the process involved in the I134 is stressful, as is the K-1. It helps to know that you don't need too much at this stage. Some have got through with a few thousand pounds personal savings and no I134 (Afterall the K1 is only valid for 90 days so you effectively only need to support yourself this long)

I have to reply again here because we are in the General K-1 Discussion Forum and not the Embassy forum, or in a London-specific thread.

I think it is irresponsible to advise people in this setting to "not stress" about the I-134 and to say that "a few thousand pounds" will get a person a visa. For one thing, there is no official policy on self-sponsorship, in London or anywhere else, and thus I am inclined to believe that this is at an individual CO's individual discretion on individual cases. In other words, if you know that you, as petitioner, cannot meet the financial standard for sponsorship, line up a co-sponsor. This is even more crucial for petitioners for applicants in high-fraud countries like Nigeria, the Philippines, and Vietnam; the Lagos and Manila consulates are often very tough on petitioners' financial situations.

Maybe, if you are going through London and are demonstrating strong savings/investments and income potential, you can self-sponsor. It is an option but probably not one that should be explored too casually. And we're not even touching the issue of actual, concrete survival once the applicant is stateside.

[Yodrak 7]

pax,

I-485 has nothing that distinguishes among the different possible bases for an adjustment application, it simply says that for a household member's income to be included in the household income the person must have been a member of the household for 6 months. Doesn't make any difference if the household member is the sponsored immigrant or someone else, nor does it make any difference where the household is located beyond the fact that the sponsor must be domiciled in the US at the time of filing.

As for K1s in particular,

- sometimes people don't apply to adjust status until 6 months have passed, or

- sometimes sponsors are lucky enouth to live overseas with their fiance(e) while waiting for the visa to be issued, or

- sometimes - agreed probably most times - a K1 cannot be used as a household member at the time of AOS because they don't meet the requirements.

Not meeting a requirement does not change what the requirement is or is not.

Yodrak

Yodrak, are you sure about that? And how would a K-1 couple be domiciled jointly for six months before filing the AOS application anywhere but in the U.S.? I'm not trying to second guess you, but I'm almost sure that, for a K-1, the couple would need to be domiciled jointly in the U.S. It might be different for a CR-1, I guess.

[pax 0]

Point taken.