affadavit of support

[skeez&titanic 0]

If I have a job and receive child support and alimony is it necessary that I have to supply tax returns. My tax returns from last year i didnt make any money cause I was going through a divorce and my ex husband wasn't paying me the full amount i was to receive. And 2006 was when I was going through a separation so my ex husband would be on the tax form cause I was married in 2006 got legally divorced in Nov 2007. I have my employment letter I can supply documents of how much I receive for child support and alimony and I can get bank statements of how much I have deposited through the year. But tax returns will be no good for me. I thought you need tax returns if you are self employed. I already have my affadavit of support notorized which I did back in Oct. I believe with all of that I make over the poverty level. Cause it is me and my 3 children. Do I have to put him too. I am so confused about this document and stressed out to the hilt. Cause my mom said she would co-sponsor me but use her as the last resort. I am trying to do this without her co-sponsoring me I know she is a little hesitate. I live in Georgia and she lives in New York. Can someone tell me what I can do. Thank you in advance.

[YuAndDan 153]

Here is what London has:

Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

The affidavit should include:

• information regarding his or her annual income;

• where material, information regarding his or her other resources;

• obligations for the support of members of his is or her own family and other persons, if any;

• other obligations and expenses;

• plans and arrangements made for the applicant's reception and support;

• an expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States; and

• an acknowledgment that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).

The sponsor should include in the affidavit a statement concerning his or her status in the U.S. If the sponsor is an American citizen the affidavit should include a statement about how U.S. citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the U.S. for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Resignation Receipt Card.

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit.

• notarized copies of his or her latest federal income tax return; (NOTE: they do not need to be notarized, and can use IRS transcripts instead)

• a statement from his or her employer showing salary and the length and permanency of employment;

• a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance;

• any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

If the sponsor is well established in business he or she may submit a rating from an recognized business rating organization in lieu of the foregoing. If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be signed jointly by both husband and wife. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his or her visa interview. If you do not wish for the person to see this affidavit, you may send it directly to the Embassy with a covering letter giving the applicant's full name, date and place of birth and case number.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

To keep it simple you may want to use a co-sponsor for the K-Visa, and later when adjusting status you yourself be the Primary and solo sponsor, you do not need to use the co-sponsor for AOS. Also more than likely you will be adjusting status after you file your 2008 return and should be able to use the 2008 return for the AOS affidavit of support.

[skeez&titanic 0]

Thank you for your response but im still confused. I am a us citizen always have been. I already have an employment letter from my employer. I dont have much in my savings (don't know if that will cause a problem). I've have money in my account and can get a bank letter. I have my divorce agreement that shows how much my ex husband pays to me. I can submit that. I only made 3000 last year cause my ex husband didnt pay me and I was out of work I just got a job this year. I already got the affidavit of support notorized. So what I am trying to say I can't use that 2007 tax return cause it shows I made no money. That is my question do I have to submit it anyway showing I made no money. but have made money this year and hopefully he will have his interview way before I file for my 2008 taxes. I appreciate the details you gave me. Just thought it would be a little bit simplier than that.

Edited December 3, 2008 by skeez&titanic

[Otto 83]

Thank you for your response but im still confused. I am a us citizen always have been. I already have an employment letter from my employer. I dont have much in my savings (don't know if that will cause a problem). I've have money in my account and can get a bank letter. I have my divorce agreement that shows how much my ex husband pays to me. I can submit that. I only made 3000 last year cause my ex husband didnt pay me and I was out of work I just got a job this year. I already got the affidavit of support notorized. So what I am trying to say I can't use that 2007 tax return cause it shows I made no money. That is my question do I have to submit it anyway showing I made no money. but have made money this year and hopefully he will have his interview way before I file for my 2008 taxes. I appreciate the details you gave me. Just thought it would be a little bit simplier than that.

Short answer - best advice - Complete the I-134 using whatever information you currently have (be it 2007 taxes or 2008) and as back up use your co-sponsor. The embassy/consulate will not accept the co-sponsor if you qualify on your own (they'll give their I-134 back at the interview). Best to be prepared if you're borderline.

[skeez&titanic 0]

Okay that is a little bit understanding thank you very much. I know my mother is a little hesitate. But said use her as the last resort if she dont want to do it I can always ask my friend.

[YuAndDan 153]

Okay that is a little bit understanding thank you very much. I know my mother is a little hesitate. But said use her as the last resort if she dont want to do it I can always ask my friend.

Keep in mind the I-134 used for supporting a NON-Immigrant K-visa is considered un-enforseable so any CO-sponsor for the visa need not worry about it.

LATER when adjusting status in the USA the CO-Sponsor NEED NOT be joint sponsor for AOS and the DO NOT need to provide I-864. When adjusting status you should be able to be the solo-sponsor and DO NOT need to use your your mother for sponsoring the green-card.

[skeez&titanic 0]

So if I dont need her for the AOS then I shouldn't need her the affidavit of support then right.

[Anh map 2,098]

You'll need to show income level of 31K or more (125% of poverty level for household of 5-you, 3 kids, & fiance) to satisfy the affidavit of support.

If your income isn't going to be at that level (inclusive of alimony/support) then you'll need that co-sponsor. See below.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[YuAndDan 153]

So if I dont need her for the AOS then I shouldn't need her the affidavit of support then right.

What I am saying you can use her as a Co-Sponsor for the visa, and LATER when adjusting status the CO-Sponsor is NOT obligated to be Joint sponsor when adjusting status.

Your financial situation will change between now and then. At the moment your recent IRS return is 2007, but by the time you get around to filing the AOS you should be able to use your 2008 return for the required I-864 for AOS.

[together-forever 0]

I need your help on the I-134! Does my fiancee have to make the income for a 4 people household matter of fact we gonna be living with his parents for the first couple months or just for a 2 people household for the two of us??? Thanks for any help!

[skeez&titanic 0]

You'll need to show income level of 31K or more (125% of poverty level for household of 5-you, 3 kids, & fiance) to satisfy the affidavit of support.

If your income isn't going to be at that level (inclusive of alimony/support) then you'll need that co-sponsor. See below.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Oh ok so I need to add him too. I make just over 31K. But that includes my child support and alimony. Can I use that. That technically is income to me. So with my job and child support and alimony I make about 32K. Is that enough. Or should I get my mom to co-sponsor me.

[YuAndDan 153]

You'll need to show income level of 31K or more (125% of poverty level for household of 5-you, 3 kids, & fiance) to satisfy the affidavit of support.

If your income isn't going to be at that level (inclusive of alimony/support) then you'll need that co-sponsor. See below.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Oh ok so I need to add him too. I make just over 31K. But that includes my child support and alimony. Can I use that. That technically is income to me. So with my job and child support and alimony I make about 32K. Is that enough. Or should I get my mom to co-sponsor me.

Wouldn't the alimony end after you marry?

I would use a co-sponsor.

[YuAndDan 153]

I need your help on the I-134! Does my fiancee have to make the income for a 4 people household matter of fact we gonna be living with his parents for the first couple months or just for a 2 people household for the two of us??? Thanks for any help!

Sponsor only counts people that are the fiancee's DEPENDENTS. If living with parents, the parents are NOT counted, the parents are NOT your fiancee's DEPENDENTS.

[skeez&titanic 0]

Yes alimony will go away once I get married but I have been still receiving it for over the past year so that is still considered money that I have made this past year. I dont live with my mother I just live with me and my three kids.

[Anh map 2,098]

Yes alimony will go away once I get married but I have been still receiving it for over the past year so that is still considered money that I have made this past year. I dont live with my mother I just live with me and my three kids.

I think that Dan was answering the other question in thsi thread. The alimony ending at marriage does pose a good question. Will your income (going forward) after alimony ends be over the needed amount? If you seem to be close or not sure use the co-sponsor to insure that the visa gets issued.

But be thinking of how your situation will be when it comes time to adjust status. You may or may not need one there. Better to be planning ahead and not get blind sided.