I-134 Affidavit of Support questions...

[Resha 1]

Okay I have a few questions about the affidavit of support.. I have someone who is willing to co sponsor with me, but we are not sure if he will be able to bc of the poverty guidelines...

First) For the I-134 does the co sponsor have to make just the poverty guidelines or do they have to meet the 125% of the poverty guidelines?

Second) The co sponsor claimed three children and his wife on his 2008 tax return but no long have any of them in his home... Will he have to make the level for just himself and my fiance since they all no longer live in his home.. or will he have to make the level for all 6?

Any help would be appreciated!!

[Gary and Alla 3,694]

Okay I have a few questions about the affidavit of support.. I have someone who is willing to co sponsor with me, but we are not sure if he will be able to bc of the poverty guidelines...

First) For the I-134 does the co sponsor have to make just the poverty guidelines or do they have to meet the 125% of the poverty guidelines?

Second) The co sponsor claimed three children and his wife on his 2008 tax return but no long have any of them in his home... Will he have to make the level for just himself and my fiance since they all no longer live in his home.. or will he have to make the level for all 6?

Any help would be appreciated!!

1. 125%

2. If his tax return showed all these people as dependents he will have to claim them OR provide evidence that they are no longer dependents. If he is divorced, he may get away with not claiming his wife as a dependent but he will still have to claim the children whether they live with him or not, UNLESS he has a court order surrendering all parental rights and responsibilities OR the children are not "his". Divorces do not make children evaporate. Former wives...yes, children NO.

There is another thread here posted in the last 24 hours under the title "confused" that addresses this. It contains all the legal references and links.

The co-sponsor does not have to support YOU, you do not need a co-sponsor, your fiance does.

[Resha 1]

ok so the kids are not his.. He was taking care of them while his stepdaughter was going through some troubles... what would he need for that? would he need proof that they do not live with him anymore?

[Gary and Alla 3,694]

ok so the kids are not his.. He was taking care of them while his stepdaughter was going through some troubles... what would he need for that? would he need proof that they do not live with him anymore?

Yes, but it is hard to prive a negative without a new ta return to file. When do you expect your interview?

If it is before he prepares his 2009 taxes, then get an affidavit from his sister PLUS try to get some other documentation, maybe school records showing a change of address for the children. Casa is a difficult consulate you better be super-prepared. Of course a copy of his divorce. You have to prove he no longer has these dependents or wait for a new tax return or find another co-sponsor.

[Resha 1]

ok so his stepdaughter can write a letter saying that she has claim to her children now... does it need to be notarized? I have been told that Casa doesnt even require an I-134, but that I should have one anyways lol.. I even received an email from the consulate stated that its not required? thats why im really confused lol

Oh and we will hopefully have our interview sometime in december

[Gary and Alla 3,694]

ok so his stepdaughter can write a letter saying that she has claim to her children now... does it need to be notarized? I have been told that Casa doesnt even require an I-134, but that I should have one anyways lol.. I even received an email from the consulate stated that its not required? thats why im really confused lol

Oh and we will hopefully have our interview sometime in december

I believe you are confusing form numbers with USC responsibilties. The USC (you) MUST satisfy the consulate that you can support your fiance. The I-134 is a convenient pre-printed form to help you do that. The I-134 is not required by ANY consulate and is bascially a cover letter for what you attach. You can be approved without an I-134 form but not without satisfying the consulate that you can support your fiance. So many people use it that it is often mistakenly believed it is "required". It is not.

Unless someone tell you that the consulate is satisfied on your good word or something, you will need to be providing documentation of everything. Yes, an affidavit or statement should be notarized if you are using it as evidence in this case. I would not want to take the chance they disreagrd an important piece of evidence because you saved $3 not getting it notarized at your bank.

[Resha 1]

ok so if i can get the letter from his stepdaughter and prove that he doesnt have claim to them, i will be safe to say its just 3 (him, his wife(the are not divorced just separated), and my fiance) for the household? I am sorry that my questions arent put together so well.. but i really do appreciate your help!

[Gary and Alla 3,694]

ok so if i can get the letter from his stepdaughter and prove that he doesnt have claim to them, i will be safe to say its just 3 (him, his wife(the are not divorced just separated), and my fiance) for the household? I am sorry that my questions arent put together so well.. but i really do appreciate your help!

If he and his wife are separated (or even if they live together, doesn't matter) and she has her own source of income, he does not have to count her as a "dependent" Wives with incomes are not "dependents" and not claimed as such on a joint return. simply attaching a JOINT tax return with the income of only one person shows that the second has income.

Just to be sure, if the situation has changed since last year, attach a letter explaining this. You wouldn't need affidavits or anything, just an explanation signed by him. In this case his family size is 2.

[Resha 1]

Ok the situation is this... They separated bc shes going through a midlife crisis and feels old lol.. He is even consulting her on if he should do the cosponsor.. so i should probably to be on the safe side just include her into the dependants?