134 Form for K1 Visa

[schmoopy 0]

Hello.. I was wondering if it is okay to deposit money into my account before the 134 is filled out(5 months before hand)? My fiance said it would be fraud if he deposited a lot of money into my account in the U.S. Some people told him it would be "fraud". I don't understand this at all. Should we have a joint account then? He is confusing me about how much money we need too. Do we need the 125% poverty guideline minimum amount or do we need more than the minimum amount(like three times as much)?? Please see if you can answer my two questions. Thank you

[TracyTN 237]

Moving thread from K1 process forum to consular forum.

[Darnell 8,478]

For cash assets - it's 3 times the income differential.

re: fraud - i have no comment about it, either way.

[JimVaPhuong 4,863]

Hello.. I was wondering if it is okay to deposit money into my account before the 134 is filled out(5 months before hand)? My fiance said it would be fraud if he deposited a lot of money into my account in the U.S. Some people told him it would be "fraud". I don't understand this at all. Should we have a joint account then? He is confusing me about how much money we need too. Do we need the 125% poverty guideline minimum amount or do we need more than the minimum amount(like three times as much)?? Please see if you can answer my two questions. Thank you

If you are the US citizen sponsor, and the purpose of him depositing a large sum of money in your bank account is to make it appear that you are more financially secure than you really are, then yes - it is fraud. There's also a possibility that the consulate will presume that he's paying you in order to help him get a green card, which is also fraud. No matter how innocent your intentions might be, don't do anything to intentionally try to mislead the US government in an immigration process. The result could be disastrous.

If you're not married yet, then there's no reason you'd need to have a joint account. Couple's who aren't married don't generally have co-mingled finances.

What the consulate will want to see is proof that your fiancee will not become a public charge. In making this determination, they usually like to see evidence that he'll have an eligible sponsor when it comes time to apply for a green card. An eligible sponsor needs income which is at least 125% of the poverty guidelines for their household size. If the sponsor doesn't have enough income, they can usually make up any shortfall with assets, like cash in the bank. The value of the assets has to be at least 3X the shortage in income if the sponsor is married to the beneficiary. Otherwise, the value of the assets has to be at least 5X the shortage in income. Consulates usually apply the 3X rule for a US citizen petitioner sponsoring their fiance, since this is the rule that will be applied when they ultimately get married and apply for a green card.

If you don't have enough income or assets on your own to qualify as a sponsor, then you should try to find a co-sponsor who qualifies. They must be a US citizen or legal permanent resident, living in the US, with sufficient income and/or assets to qualify based on their own household size. Household size always includes the sponsor, anybody they provide support for, and the intending immigrant. For you, this means yourself, anyone you support, and your fiance. For a co-sponsor it means themselves, anyone they support, and your fiance. A co-sponsor would not include you or anyone you provide support for in their household size. If a sponsor has ever signed an affidavit of support for anyone else, and that affidavit is still in effect, then that person is also usually considered in determining their household size.

Some consulates will allow a visa applicant to sponsor themselves if they have sufficient assets and/or a source of income that will continue after they arrive in the US. If your fiance has plenty of cash and wants to help out with this, then he should look into self sponsorship.

[schmoopy 0]

If the sponsor doesn't have enough income, they can usually make up any shortfall with assets, like cash in the bank. The value of the assets has to be at least 3X the shortage in income if the sponsor is married to the beneficiary. Otherwise, the value of the assets has to be at least 5X the shortage in income. Consulates usually apply the 3X rule for a US citizen petitioner sponsoring their fiance, since this is the rule that will be applied when they ultimately get married and apply for a green card.

Are you saying it is okay for him to add cash into my account or not? I do not have the cash or assets for my account. I only make around $900.00 a month, so he will have to help me somehow.There are no co-sponsors. I already tried that. I guess he will try to self-sponsor. I don't know why they make this so hard. He also has a deed in his name in the U.S for a house he owns..which is for 118,000 dollars. I hope he can self sponsor if he cant deposit cash into my account.

[Audy_Rob 26]

If the sponsor doesn't have enough income, they can usually make up any shortfall with assets, like cash in the bank. The value of the assets has to be at least 3X the shortage in income if the sponsor is married to the beneficiary. Otherwise, the value of the assets has to be at least 5X the shortage in income. Consulates usually apply the 3X rule for a US citizen petitioner sponsoring their fiance, since this is the rule that will be applied when they ultimately get married and apply for a green card.

Are you saying it is okay for him to add cash into my account or not? I do not have the cash or assets for my account. I only make around $900.00 a month, so he will have to help me somehow.There are no co-sponsors. I already tried that. I guess he will try to self-sponsor. I don't know why they make this so hard. He also has a deed in his name in the U.S for a house he owns..which is for 118,000 dollars. I hope he can self sponsor if he cant deposit cash into my account.

Jim is trying to tell you it is not clear if it is Fraud. It depends on why your fiance is putting the money in your Bank Account. Additionally, a determination of fraud can only be made by the CO based on his/her opinion. But if your fiance puts the money into your Bank Account to make it look like you have a strong financial position or have more assets than you do, it might look like fraud to the CO.

Co-sponsors or more properly joine sponsors are not a sure thing for a K-1 visa anyway. There is currently a thread about a USC and his fiancee that received a 221g at the interview because the joint sponsor was not accepted and the USC did not have enough income shown to support his fiancee.

If the house is $118,000 without a mortgage or any other sums owed against it, he might successfully self-sponsor as the house is equal to about 23,000 in income at 5x or 39,000 in income at 3x.

I know someone posted under the name "suicide blonde" with roughly this description because the house was also 118,000. I am sorry that thread turned in to a discussion of the fine points of the AFM and FAM rather than providing you the help and answers you need.

I do not think you should put the money in your account.

Good luck

[pushbrk 12,975]

I don't know why they make this so hard.

The financial requirements are there in an attempt to assure US Citizens don't bring foreigners to the USA that the taxpayers are going to have to support. You can't support your spouse (to be), so somebody who qualifies financially will need to be the sponsor. If it's not honest, you would be wise to consider it fraud. Showing a large sum of cash with a low income is a huge red flag that will look smell and taste like fraud.

Putting money into your bank account is neither forbidden or fraud in and of itself. Using it to paint a false picture of your finances is and so is paying you to help him obtain a visa. It's going to look like one or the other or both.