"self-employed"

[truffles 2]

This is interesting topic....my us fiance is paid commssion and he beleives he exceeds the poverty level required for k1....however as with most of these types of jobs some months are better than others - however i do have some savings - this is a straight forward savings which can be access very quickly - if his income does not suffice will i be able to use mine savings to make up the difference ?

Thanks

[Yodrak 7]

Jen,

I disagree. N4.6-2 discusses how an applicant can meet the public charge requirements. See in particular items f(2) and g.

Yodrak

In reviewing the 9 FAM 40.41 Notes, it seems pretty clear that only the petitioner's financial situation is to be considered.

Jen

Edited August 9, 2006 by Yodrak

[dwar49 0]

Yodrak, now I am confused.

What is the answer with the I-134? From reading the instructions, I see that the only way that the Foriegn national can use his or her income/net worth is if it can be readily converted to cash.

Other than that it must be based totally on the USC. Is that right?

[Yodrak 7]

dwar,

Get away from the I-864 mentality for a moment - it does not necessarily apply to non-immigrant visas. By this I mean that while immigrant visas and adjustment of status require a US sponsor who has adequate financial resources, non-immigrant visas - including the K visas - do not. A visa applicant who has sufficient financial resources of their own does not need a sponsor for their visa.

Unlike I-864, I-134 does not establish or convey the financial requirements for a non-immigrant visa, it is merely one of many documents that can be used to show that the alien meets the requirements. In particular it shows the financial resources of a US sponsor - if a US sponsor is being used. Recognize also that I-134 is not necessarily required for a non-immigrant visa - it's use is at the discretion of the consular officer.

You're correct, I-134 does not show the financial resources of the alien visa applicant. The solution? Present the alien's resources in other ways, with documents that are appropriate for what those resources are, including a summary sheet (that might resemble an I-134 in format, if appropriate) to give an overall picture of the alien's financial situation.

Yes, the alien's assets must be in a form that can be quickly converted to cash (if they are not already) and be available in the USA. And yes the alien's must income must continue and be available to them when they come to the USA - perhaps they have firmly lined up a job already, and remember that income can come from sources other than employment (maybe one would not want to liquidate assets that produce income?)

As a practical matter, relatively few aliens are in a position to not require a sponsor or to supplement an inadequate sponsor at the visa stage. But that does not mean that those who are in such a position cannot make use of their resources.

Yodrak

Yodrak, now I am confused.

What is the answer with the I-134? From reading the instructions, I see that the only way that the Foriegn national can use his or her income/net worth is if it can be readily converted to cash.

Other than that it must be based totally on the USC. Is that right?

Edited August 10, 2006 by Yodrak

[JenT 0]

Jen,

I disagree. N4.6-2 discusses how an applicant can meet the public charge requirements. See in particular items f(2) and g.

Yodrak

In reviewing the 9 FAM 40.41 Notes, it seems pretty clear that only the petitioner's financial situation is to be considered.

Jen

I see now... I was looking at 4.6-3 and not being thorough enough....

Jen