I-134. Affidavit of Support

[gsitlani 0]

Hello,

I am plannig to bring my Fiance to America. My problem is that I for past 2 years I have visited India for 6 months, and therefore my income has fallen below the poverty line. It is only few bucks less than the poverty line.

My question is, this year (2006) I am not planning to go India, and hence I will be working full time which will take me out of the poverty line, and will be able to apply for my fiance by filling out the I-134 form in fiance visa.

Can I still this form, or do I have to wait to file taxes for 2006?

Please reply soon.

Thank you

Edited August 5, 2006 by gsitlani

[William33 110]

No, you can file with other evidence of income.

Paystubs, as many as you can produce.

A letter from your employer (on company letterhead paper) verifying your annual salary.

With this, you should be ok. Do not wait for a 2006 tax return, there are other ways to verify sufficient income.

Best of luck to you all.

Hello,

I am plannig to bring my Fiance to America. My problem is that I for past 2 years I have visited India for 6 months, and therefore my income has fallen below the poverty line. It is only few bucks less than the poverty line.

My question is, this year (2006) I am not planning to go India, and hence I will be working full time which will take me out of the poverty line, and will be able to apply for my fiance by filling out the I-134 form in fiance visa.

Can I still this form, or do I have to wait to file taxes for 2006?

Please reply soon.

Thank you

[gsitlani 0]

So sending a copy of paystubs, and a letter from my employer regarding my salary would be enough?

What about Bank Statement, are they looking for certain amount of savings in my Bank?

[Mew 0]

So sending a copy of paystubs, and a letter from my employer regarding my salary would be enough?

What about Bank Statement, are they looking for certain amount of savings in my Bank?

I'd say they're maily looking for how much money you've deposited in the past year, to show income (so they can assess whether you meet the 125% thing).

If you're in doubt as to whether you need to have tax returns for the interview (even if below the poverty guidelines), I think the best way to go would be contacting the consulate/embassy. Different embassies have different requirements. Maybe for the one in India, it's über important to have the tax returns and if so, you would like to know. Maybe it's important for them that you have a co-sponsor in your situation. I'd make sure...

Edited August 6, 2006 by Mew

[rebeccajo 14]

If you have verifiable assets you can supplement the shortfall providing they are at least 3 times the amount of the shortfall.

Get bank statements to go with your tax return.

The technical requirements for the K1 visa is 100% of the poverty line anyway, not 125%. If you go with the 125% required for AOS you should be fine.

Do however research information for the Indian consulate and look to the advice of your peer petitioners in that forum.

Edited August 6, 2006 by rebeccajo

[Mew 0]

If you have verifiable assets you can supplement the shortfall providing they are at least 3 times the amount of the shortfall.

Get bank statements to go with your tax return.

The technical requirements for the K1 visa is 100% of the poverty line anyway, not 125%. If you go with the 125% required for AOS you should be fine.

Do however research information for the Indian consulate and look to the advice of your peer petitioners in that forum.

rebeccajo, the 100%/125% requirement varies in different countries as far as I know. I'd check with the consulate. In Brazil, for example, 125% is needed. It would probably be a good idea to check with the consulate the OP's going through.

[rebeccajo 14]

If you have verifiable assets you can supplement the shortfall providing they are at least 3 times the amount of the shortfall.

Get bank statements to go with your tax return.

The technical requirements for the K1 visa is 100% of the poverty line anyway, not 125%. If you go with the 125% required for AOS you should be fine.

Do however research information for the Indian consulate and look to the advice of your peer petitioners in that forum.

rebeccajo, the 100%/125% requirement varies in different countries as far as I know. I'd check with the consulate. In Brazil, for example, 125% is needed. It would probably be a good idea to check with the consulate the OP's going through.

I looked high and low the other day for the reg that states 100% is all that is required for the I-134 and could not find it. I keep wishing Yodrak would do one his trails behind me and locate it and post it so we could see it again! ARG! All I could find were FAM regs for AOS.

I think we've had this debate on VJ before and it's been argued that it's anecdotal for some consulates to require 125% and not factual.

HOWEVER - I am a FIRM believer in filing the I-134 at the 125%. If for no other reason than that's the bar that must be met when filing AOS, which will probably occur within just a few months after the nonimmigrant K1 is approved. If one can't meet the bar now, what's the likelihood they can in the near future.

Edited August 6, 2006 by rebeccajo

[Mew 0]

I looked high and low the other day for the reg that states 100% is all that is required for the I-134 and could not find it. I keep wishing Yodrak would do one his trails behind me and locate it and post it so we could see it again! ARG! All I could find were FAM regs for AOS.

I think we've had this debate on VJ before and it's been argued that it's anecdotal for some consulates to require 125% and not factual.

HOWEVER - I am a FIRM believer in filing the I-134 at the 125%. If for no other reason than that's the bar that must be met when filing AOS, which will probably fall within just a few months after the nonimmigrant K1 is approved. If one can't meet the bar now, what's the likelihood they can in the near future.

Yes, I know, there's been some debate about the 100%-125% thing. I know for a fact that Brazil asks for 125%. THey even include the poverty guidelines used for the I-864 in packet 3.

However, I've found this on FAQ's for affidavits of support on DoS's webpage:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

So, I guess sometimes experience counts more than what the law says, right? Even if it "shouldn't".

Edited August 6, 2006 by Mew

[rebeccajo 14]

I looked high and low the other day for the reg that states 100% is all that is required for the I-134 and could not find it. I keep wishing Yodrak would do one his trails behind me and locate it and post it so we could see it again! ARG! All I could find were FAM regs for AOS.

I think we've had this debate on VJ before and it's been argued that it's anecdotal for some consulates to require 125% and not factual.

HOWEVER - I am a FIRM believer in filing the I-134 at the 125%. If for no other reason than that's the bar that must be met when filing AOS, which will probably fall within just a few months after the nonimmigrant K1 is approved. If one can't meet the bar now, what's the likelihood they can in the near future.

Yes, I know, there's been some debate about the 100%-125% thing. I know for a fact that Brazil asks for 125%. THey even include the poverty guidelines used for the I-864 in packet 3.

However, I've found this on FAQ's for affidavits of support on DoS's webpage:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

So, I guess sometimes experience counts more than what the law says, right? Even if it "shouldn't".

Well, the hair splitter there could be the word 'immigrant' (my highlight) and that may be the way some consulates get away with using the I-864 requirement for K non-immigrant visas.

[KarenCee 3]

Hello,

I am plannig to bring my Fiance to America. My problem is that I for past 2 years I have visited India for 6 months, and therefore my income has fallen below the poverty line. It is only few bucks less than the poverty line.

My question is, this year (2006) I am not planning to go India, and hence I will be working full time which will take me out of the poverty line, and will be able to apply for my fiance by filling out the I-134 form in fiance visa.

Can I still this form, or do I have to wait to file taxes for 2006?

Please reply soon.

Thank you

I was just a few dollars short of the poverty line too. I used my savings account to supplement the income requirement and was approved. Best of luck!

[Ladylethal 12]

Brasil requires 125%? Geez, they're picky!

[Mew 0]

Brasil requires 125%? Geez, they're picky!

Haven't they sent you the poverty guidelines for I-8694 in packet 3?

[gsitlani 0]

Thank you guys for all of your help..

[Yodrak 7]

rebeccajo,

5 times. When using I-864.

There is no comparable 'rule' for non-immigrants, although there may be local guidelines for determining whether a K-visa applicant meets the public charge provisions of the law.

Yodrak

If you have verifiable assets you can supplement the shortfall providing they are at least 3 times the amount of the shortfall.

....

[aussiewench 9]

yodrak

The new rules regarding the I-864 now only require 3 times.

Q. My sponsor and/or joint sponsor is using significant assets as part of his affidavit of support. Does the final rule change the requirements for significant assets?

A. Yes. The final rule reduces the value of assets that immediate relative spouses and children of U.S. citizens must have to fill the gap between earned income and the poverty guidelines from five times the difference to three. The gap is reduced further for those sponsoring adopted children who will qualify for citizenship under the Child Citizenship Act, but who do not qualify immediately upon entry.

New Rules

Lorelle

rebeccajo,

5 times. When using I-864.

There is no comparable 'rule' for non-immigrants, although there may be local guidelines for determining whether a K-visa applicant meets the public charge provisions of the law.

Yodrak

If you have verifiable assets you can supplement the shortfall providing they are at least 3 times the amount of the shortfall.

....