Affidavit of Support

[ashenflowers 5]

So... apparently my fiancé thinks that last year he made enough income to surpass the minimum requirement of 125% of the poverty line... However, his income was divided between January - March in Canada, and April - December in the US. He will be providing both tax returns... will they accept income earned in Canada? He claims that even JUST the US amount earned is enough, but it doesn't seem like it (he only made $19K).

Also... his father was supposed to be co-sponsoring for us, but apparently he doesn't want to provide all of that financial information (I'm not sure why??)... so instead his father and mother have written a letter addressed to us, and a letter addressed to USCIS (or whatever it needs to be... I'm going to tell them to change it to address to Montreal, like the Packet 3 is addressed).... anyways.. the letter just states what they're willing to provide us with financially to help us get going. While I appreciate what they say in the letter, and what it says they're going to do, I don't really think a letter is going to cut it, regardless of what they promise in it (it just talks about helping us financially, giving us some furniture and letting us have their car). I'm figuring the whole point of the affidavit is that it's a sworn written oath... even if they sign the letter, it's not any government forms or anything, so they have every right to refuse it.

Do you think they would accept the letter, if along with it they had the signed affidavit with all the co-sponsor's other information, except the financial details (I know, it's so stupid... because the financial details is the PROOF that they have the income they say they do)...

I am also concerned that my fiancé's income isn't enough. He keeps thinking that if he shows his recent paystubs (he recently had an increase in hours and pay) that it will show his income, but I keep trying to tell him that they're not going to base his ability as a sponsor off of 2 or 3 paystubs. I keep hearing people saying they require the last THREE years of tax returns??? But the I134 just asks for the last one???)

Anyways... I'm a little irritated with him, and don't really want to cut corners on something so significant as the affidavit of support (I know they can deny people based on that)... can someone clarify for me exactly what they will accept?

Thanks!

[trailmix 77]

They will not consider his Canadian income at all. 125% of the poverty guidelines for 2009, for 2 people is 18,212 - so yes, technically he made enough in the U.S. (I believe for the I-134 they only ask for 100%, which is 14,570)

I think you are spot on about the letter, I personally wouldn't bother to present it.

Now the paystubs, they are important as back up and they may take those in to consideration.

With the I-864 they can request the other two tax years returns, and sometimes they absolutely do. Not sure if they are as fussy with the I-134 but i'm sure a K1er can answer that for you

Edited October 4, 2009 by trailmix

[ashenflowers 5]

They will not consider his Canadian income at all. 125% of the poverty guidelines for 2009, for 2 people is 18,212 - so yes, technically he made enough in the U.S. (I believe for the I-134 they only ask for 100%, which is 14,570)

I think you are spot on about the letter, I personally wouldn't bother to present it.

Now the paystubs, they are important as back up and they may take those in to consideration.

With the I-864 they can request the other two tax years returns, and sometimes they absolutely do. Not sure if they are as fussy with the I-134 but i'm sure a K1er can answer that for you

The I-184 is with the AOS, right? He's only lived in the US for a year and a 1/2, so going back 3 years will have 1/2 of his income in Canada... great... now I'm worried they'll deny the AOS for that.

oh... also... the 18,212.. is that before or after taxes?

Edited October 4, 2009 by ashenflowers

[Danu 19]

They will not consider his Canadian income at all. 125% of the poverty guidelines for 2009, for 2 people is 18,212 - so yes, technically he made enough in the U.S. (I believe for the I-134 they only ask for 100%, which is 14,570)

I think you are spot on about the letter, I personally wouldn't bother to present it.

Now the paystubs, they are important as back up and they may take those in to consideration.

With the I-864 they can request the other two tax years returns, and sometimes they absolutely do. Not sure if they are as fussy with the I-134 but i'm sure a K1er can answer that for you

The I-184 is with the AOS, right? He's only lived in the US for a year and a 1/2, so going back 3 years will have 1/2 of his income in Canada... great... now I'm worried they'll deny the AOS for that.

If you can use just his tax income for the I-184 it asks for your transcripts...it asks for the amounts from the previous 3 years but you only have to provide the tax transcripts for the last one unless you think submitting more will help your case. If he hasnt been working in the states that long to have a 3rd year of transcripts as long as you can provide for the last 2 with sufficient evidence of the current income you should be ok (I would assume people who just got out of school do this as well for the same reason, no prior income.)

He should be ok with the amount he has right now for meeting it, the paystubs can help to show his raise, a letter from his employer might be helpful to you as well, to show his overall income or wage/hr and that he is fulltime. Montreal looks like they only usually request 1 year of taxes, but I have 2 just incase.

Edited October 4, 2009 by Danu

[ashenflowers 5]

oh... great... so I'm talking to him now, and he's claiming (after me struggling with him to get him to clarify, and to understand what I was talking about), that in the US in 2008, he actually just made 10,000... (the 19K including the Canadian income)

Do they base the support more so on his current income, or on what shows in his 2008 tax return? He's already made enough in 2009 to be well over the required amount... but I don't know what they will include in their decision).

Edited October 4, 2009 by ashenflowers

[Danu 19]

oh... great... so I'm talking to him now, and he's claiming (after me struggling with him to get him to clarify, and to understand what I was talking about), that in the US in 2008, he actually just made 10,000... (the 19K including the Canadian income)

Do they base the support more so on his current income, or on what shows in his 2008 tax return? He's already made enough in 2009 to be well over the required amount... but I don't know what they will include in their decision).

They will ask to see his 2008 tax return and if it wasnt high enough (US only, his canadian income is useless at any stage) they can still request a co-sponsor, even if he brings a letter from his employer about his wage and paystubs. They may not, but they definately can. Maybe (even though its a pain) having copies of all his paystubs (if you can) for the whole year may help to show that 2009 he is over as you will probably have your interview before the next tax season? Can't guarantee but it may help.

[ashenflowers 5]

oh... great... so I'm talking to him now, and he's claiming (after me struggling with him to get him to clarify, and to understand what I was talking about), that in the US in 2008, he actually just made 10,000... (the 19K including the Canadian income)

Do they base the support more so on his current income, or on what shows in his 2008 tax return? He's already made enough in 2009 to be well over the required amount... but I don't know what they will include in their decision).

They will ask to see his 2008 tax return and if it wasnt high enough (US only, his canadian income is useless at any stage) they can still request a co-sponsor, even if he brings a letter from his employer about his wage and paystubs. They may not, but they definately can. Maybe (even though its a pain) having copies of all his paystubs (if you can) for the whole year may help to show that 2009 he is over as you will probably have your interview before the next tax season? Can't guarantee but it may help.

Yeah... this is one point where I will say that the ridiculous delay in Montreal scheduling may work to our benefit. At least he'll have a few more paystubs to work with.

Does it state anywhere (I can't find it), where they specifically say it's income from the U.S. only??

Also, do you think my fiancé could somehow put the financial assistance that his parents are giving us as income? They're willing to contribute a certain amount per month for the first year of our marriage... (This is odd, to be telling you all this, but I'm just trying to get some answers and want you to have as many facts as possible).

[SapphireDreams 71]

I believe that they are looking for his 2008 income tax returns to be over the required amount. If they are not, then you'll need a co-sponsor, which would include all of the required information - a letter from his parents will mean nothing to them as it has no legal significance whatsoever. I don't think there is a way around this one, I think the I-134 is pretty black and white for the consulate unfortunately.

If he is over the amount, you'll have no problem. If he isn't, I'm pretty sure you'll need a co-sponsor, regardless of what he's currently making. The pay stubs and letter from his current employer will definitely help a lot, but I don't think they'll be enough.

Maybe you can convince his parents to give you the information and put it in a sealed envelope, that would only be opened at the Consulate?

For AOS, you should be fine just using 1 years tax returns, we did... and while we haven't been approved yet, I don't see it being an issue as I think we would've had an RFE already.

Of and I wanted to add, if worse comes to worst, you could always wait until he is able to do his 2009 tax return and then get approved... either if you get denied at your interview or if you ask to delay your interview. He could probably get them done in February/March. We actually showed his 2007 return and then his 2008 slip or whatever that you use to do your taxes... but he was well over both years, so I don't really think it made a difference for us, but it might for you.

Edited October 4, 2009 by SapphireDreams

[ashenflowers 5]

I believe that they are looking for his 2008 income tax returns to be over the required amount. If they are not, then you'll need a co-sponsor, which would include all of the required information - a letter from his parents will mean nothing to them as it has no legal significance whatsoever. I don't think there is a way around this one, I think the I-134 is pretty black and white for the consulate unfortunately.

If he is over the amount, you'll have no problem. If he isn't, I'm pretty sure you'll need a co-sponsor, regardless of what he's currently making. The pay stubs and letter from his current employer will definitely help a lot, but I don't think they'll be enough.

Maybe you can convince his parents to give you the information and put it in a sealed envelope, that would only be opened at the Consulate?

For AOS, you should be fine just using 1 years tax returns, we did... and while we haven't been approved yet, I don't see it being an issue as I think we would've had an RFE already.

Of and I wanted to add, if worse comes to worst, you could always wait until he is able to do his 2009 tax return and then get approved... either if you get denied at your interview or if you ask to delay your interview. He could probably get them done in February/March. We actually showed his 2007 return and then his 2008 slip or whatever that you use to do your taxes... but he was well over both years, so I don't really think it made a difference for us, but it might for you.

The problem is that he's not over the required amount on the 2007 and 2008 returns. In 2007 he was in Canada the entire year, and I'm getting the feeling they won't count that income, as trailmix mentioned... same with what he earned in the first part of 2008. So that might make a NEGATIVE difference on us.. lol

I'm not going to lie... waiting until February or March would actually be horrible (February not AS much, but March definitely)... I won't have a place to live and will have to quit my job, plus I'm actually itching to get the hell out of here, amongst other things I won't mention. I know it's just the whole 'what's another few months'.... but I'm serious, those months would be absolutely horrible. I would be ok with waiting a month or two to file AOS though, so that we could use 2009s return for that at least. So long as he doesn't wait up until the last minute to do his taxes, like he did last year. lol

If we get denied at the interview would we have to start all over again? Would that completely end the process, or would we be able to get the info and submit it after... kind of like an approval pending required information (like they do with medicals).

Do you think they would accept his W2, or whatever that form is that he'd get from his employer for tax purposes (like our T4?). The deadline for that is Jan 31, so that's not quite as bad. lol

I had another look at the I-134 too, and it seems they require the last year's tax return only if he's self employed, which he isn't... Otherwise the instructions state to bring the letter from the employer as evidence... so wouldn't that mean they DO consider the current income above the rest?

I should also mention, that his parents are getting a new car, and giving us their old one. I did a quick search, and the one they're giving us is selling for about $8,000. Is there a way to get the car appraised to show it's correcet value? And I'd assume if they transfer ownership to his name before the interview that he'd be able to use that as asset, i.e. personal property? How much of that amount would they consider as an addition to the income amount?

Edited October 4, 2009 by ashenflowers

[SapphireDreams 71]

I believe that they are looking for his 2008 income tax returns to be over the required amount. If they are not, then you'll need a co-sponsor, which would include all of the required information - a letter from his parents will mean nothing to them as it has no legal significance whatsoever. I don't think there is a way around this one, I think the I-134 is pretty black and white for the consulate unfortunately.

If he is over the amount, you'll have no problem. If he isn't, I'm pretty sure you'll need a co-sponsor, regardless of what he's currently making. The pay stubs and letter from his current employer will definitely help a lot, but I don't think they'll be enough.

Maybe you can convince his parents to give you the information and put it in a sealed envelope, that would only be opened at the Consulate?

For AOS, you should be fine just using 1 years tax returns, we did... and while we haven't been approved yet, I don't see it being an issue as I think we would've had an RFE already.

Of and I wanted to add, if worse comes to worst, you could always wait until he is able to do his 2009 tax return and then get approved... either if you get denied at your interview or if you ask to delay your interview. He could probably get them done in February/March. We actually showed his 2007 return and then his 2008 slip or whatever that you use to do your taxes... but he was well over both years, so I don't really think it made a difference for us, but it might for you.

The problem is that he's not over the required amount on the 2007 and 2008 returns. In 2007 he was in Canada the entire year, and I'm getting the feeling they won't count that income, as trailmix mentioned... same with what he earned in the first part of 2008. So that might make a NEGATIVE difference on us.. lol

I'm not going to lie... waiting until February or March would actually be horrible (February not AS much, but March definitely)... I won't have a place to live and will have to quit my job, plus I'm actually itching to get the hell out of here, amongst other things I won't mention. I know it's just the whole 'what's another few months'.... but I'm serious, those months would be absolutely horrible. I would be ok with waiting a month or two to file AOS though, so that we could use 2009s return for that at least. So long as he doesn't wait up until the last minute to do his taxes, like he did last year. lol

If we get denied at the interview would we have to start all over again? Would that completely end the process, or would we be able to get the info and submit it after... kind of like an approval pending required information (like they do with medicals).

Do you think they would accept his W2, or whatever that form is that he'd get from his employer for tax purposes (like our T4?). The deadline for that is Jan 31, so that's not quite as bad. lol

I had another look at the I-134 too, and it seems they require the last year's tax return only if he's self employed, which he isn't... Otherwise the instructions state to bring the letter from the employer as evidence... so wouldn't that mean they DO consider the current income above the rest?

Actually now that I think about it, you're right it doesn't mention tax returns and my husband just brought his W2 and not his actual returns. We just brought the letter from his employer, pay stubs, his W2 for 2008 (he hadn't done his taxes yet) and a letter from the bank with his average monthly balance in his checking (which is in the thousands) and then his balance in his savings for the last year (which was a lot). They didn't ask for taxes, but we also have the bank savings that were also enough for him to have had no income. But even without the bank statements I think you'd be fine. You'd be cutting it close, but you'd meet the requirements, so I don't think they would be able to deny you.

I honestly think that you'll be fine with just his W2, letter from his employer and his pay stubs. And you're right, the longer the interview is delayed the more pay stubs he has. If they don't accept it, you wont have to start over, you'll just have to provide them with more information to get the visa.

I think you'll be fine. It's the AOS, for the I-184 that you need the actual tax returns.

[trailmix 77]

You know, most people on this board view the K visa affidavit of support to be one and the same as the I-864, mostly when questions are asked about it, they are answered as though the person is filing an I-864 and not an I-134.

It's really quite different - the information you supply is quite different, as you mention above, Avery. Also, as Sapphire mentioned, they didn't supply any tax returns.

Whether the I-134 or the I-864, from what I have read on this board, the current income is VERY important, more important than previous earnings - so yes those pay stubs are important and while on the I-864 the value of your 1 vehicle could not be included, it doesn't state that on the I-134 - so why not put the value in there.

I think the real question here is how does Montreal view the I-134. It would be great if more people here would share their experiences on what exactly they showed in Montreal during their K1 interview - has anyone ever had to submit more information?

Oh and to answer your other question, no, you wouldn't have to start from scratch if they rejected your I-134, they would just ask you to submit additional information.

I can't see any reason why you would postpone your interview.

[trailmix 77]

Sorry Ashenflowers, I called you Avery in my last post

[Anh map 2,098]

CURRENT, ONGOING INCOME IS THE IMPORTANT THING.

If the USC has employment that will give them an annualized 2009 income that meets the guidelines then you ought to be fine. Last year's return isn't as important. Check with the consulate regarding the requirement being 100% or 125%. I am guessing 100% for Canada. For my wife's case it was 125% (the joys of high fraud countries).

If a co-sponsor is required, the parent's letter won't help. Completing the form is required.

For AOS and the I-864 he will need to demonstrate why he did not file a US tax return. The US taxes on worldwide income. Now he won't have to pay twice, but MAY have to file a return anyway. See page 8 of the I-864 instructions for the exact citation.

[ashenflowers 5]

Thank you all so much for your replies. They've been very helpful!!

CURRENT, ONGOING INCOME IS THE IMPORTANT THING.

If the USC has employment that will give them an annualized 2009 income that meets the guidelines then you ought to be fine. Last year's return isn't as important. Check with the consulate regarding the requirement being 100% or 125%. I am guessing 100% for Canada. For my wife's case it was 125% (the joys of high fraud countries).

If a co-sponsor is required, the parent's letter won't help. Completing the form is required.

For AOS and the I-864 he will need to demonstrate why he did not file a US tax return. The US taxes on worldwide income. Now he won't have to pay twice, but MAY have to file a return anyway. See page 8 of the I-864 instructions for the exact citation.

My fiancé lived in Canada for like, 90% of his life before he moved to the US a year and a 1/2 ago. While he was a citizen from birth, he has only ever lived in the US for one year before prior to his move back there. He will have Canadian tax returns, and other records showing he lived in Canada for most of his life. Surely they wouldn't be jerks enough to be like 'hey, too bad, you're American... pay ALL back taxes on every piece of income you've had for your entire life'... lol ouch.

But yeah, when I get to AOS stage, I'll definitely make sure that he pays close attention to that. He seems to have an issue with reading instructions

[trailmix 77]

No, they really aren't jerks about it, however, before he files the I-864 he will need U.S. returns for the last 3 years - which, since he has now lived in the U.S. for a year and half, he should have by the time you get around to AOS.