125% of poverty level question

[Glas64 0]

I have a question. My minor child lives with me. It`s just the two of us. When figuring the 125% of the poverty level do I use the chart for household size for 2 people or do I count my fiance which would make 3 in the home ? For 2 people I`m safe but for 3 I`m about $2500 short. However my condo is paid in full and I`ve maintained a untouched savings account of about $3500 for several years. Do you think I`ll have a problem getting the K-1 approved based on this info ?

Also, As I understand regular Social Security can not be counted toward income but Social Security Disability(SSDI) does count. My income is all from Social Security disability My minor child also receives a SSDI benefit based on my disability. That money is paid to me under my child's name. Am I able to count this as part of my household income? Any info you can pass along would be greatly appreciated.

[Gary and Alla 3,694]

I have a question. My minor child lives with me. It`s just the two of us. When figuring the 125% of the poverty level do I use the chart for household size for 2 people or do I count my fiance which would make 3 in the home ? For 2 people I`m safe but for 3 I`m about $2500 short. However my condo is paid in full and I`ve maintained a untouched savings account of about $3500 for several years. Do you think I`ll have a problem getting the K-1 approved based on this info ?

Also, As I understand regular Social Security can not be counted toward income but Social Security Disability(SSDI) does count. My income is all from Social Security disability My minor child also receives a SSDI benefit based on my disability. That money is paid to me under my child's name. Am I able to count this as part of my household income? Any info you can pass along would be greatly appreciated.

You count THREE. Your assets are not enough. The condo will not count since it is your primary residence and cannot be sold without replacing it. Your savings will be didived by 3 and about $1100 will be conted as your "income" Still short.

social security payments of any tyope EXCEPT Supplemantal income (SSI) can be counted. Regular SS such as retirement OR survivor benefits can most certainly be counted as well as disability payments. I am not sure what you mean by "paid to me under my child's name" If the checks are made out to YOU, you can count them. If the checks are made out to your child you CANNOT count them for the I-134. The I-134 does not allow combining incomes.

[Glas64 0]

You count THREE. Your assets are not enough. The condo will not count since it is your primary residence and cannot be sold without replacing it. Your savings will be didived by 3 and about $1100 will be conted as your "income" Still short.

social security payments of any tyope EXCEPT Supplemantal income (SSI) can be counted. Regular SS such as retirement OR survivor benefits can most certainly be counted as well as disability payments. I am not sure what you mean by "paid to me under my child's name" If the checks are made out to YOU, you can count them. If the checks are made out to your child you CANNOT count them for the I-134. The I-134 does not allow combining incomes.

Gary and Alla,

Thanks for the info. You seem quite knowledgeable about this subject. I`d like to ask a few follow up questions if you don`t mind. Based on the info I gave you, How much money would I have to add to my savings in order to have the petition approved from a financial point of view? Also if I need to get a co-sponsor, what are his income requirements? He has a wife and 3 minor children. Does his income have to show that he is 125% above the poverty level with a family size of 6? (himself,wife,3kids and my fiance) I hope you can clarify this for me. Thanks so much for and assistance you can give me on this matter. If anyone else has any advice please don`t hesitate to respond.

[Jasmine.S 0]

Gary and Alla,

Thanks for the info. You seem quite knowledgeable about this subject. I`d like to ask a few follow up questions if you don`t mind. Based on the info I gave you, How much money would I have to add to my savings in order to have the petition approved from a financial point of view? Also if I need to get a co-sponsor, what are his income requirements? He has a wife and 3 minor children. Does his income have to show that he is 125% above the poverty level with a family size of 6? (himself,wife,3kids and my fiance) I hope you can clarify this for me. Thanks so much for and assistance you can give me on this matter. If anyone else has any advice please don`t hesitate to respond.

YES he has to count all the household members including your fiance! i'm stuck in the co-sponsor bit too!!

and you have to add 5 TIMES the difference between the required number and your income

my question is can i add SSI as income or can i send i-486 instead of i-134? as in i-486 we can combine income but we cant do it in i-134

[Ursa Tripudio 2]

Friend, this is an expensive proposition. I seriously suggest you consider this very carefully.

Even if your affidavit of support is somehow approved, this could tip your finances from 'doing ok / breaking even' to being deeply 'in the red'.

Getting my wife here and helping her through the time when she was in culture shock and spoke little English to the present (she is now very fluent and well adapted), has cost 10s of thousands of dollars.

It was worth every penny. But, I have been fortunate in life and can afford it. Had I not been, our happy scenario might have turned out much differently.

I know: I'm being Mr. Bummer. But I'm saying this for your benefit. Look very carefully before you leap.

[Anh map 2,098]

YES he has to count all the household members including your fiance! i'm stuck in the co-sponsor bit too!!

and you have to add 5 TIMES the difference between the required number and your income

my question is can i add SSI as income or can i send i-486 instead of i-134? as in i-486 we can combine income but we cant do it in i-134

Assets (US based) are considered at 3:1 when sponsoring spouses or children of US citizens.

The I-134 is what is expected with the K visa petition.

[JimVaPhuong 4,863]

The condo will not count since it is your primary residence and cannot be sold without replacing it.

True of an automobile, but not true of a home. The reason being that you can't get cash from an automobile without selling it outright, and if it's your only car it would make you a pedestrian, which USCIS considers to be "undue hardship".

You can use equity in a home because it's possible to obtain cash from the home (via a home equity loan or line of credit) without selling the home outright, and without having to move to another home.

This is all explained pretty clearly in the I-864 instructions, and I know several people who've used equity with the I-134 and qualified.

[turtlewife 0]

hi, my fiancee has just got back from his iraq tour, and has no job yet. will this be a problem? he has a lot of savings and so do I but is being unemployed a problem? he is still enlisted in the army but not active since he came back. thanks

[A&M=L 0]

Hi I´ve a question rregarding this topic too.

My finace´has 3 kids out of a previous relationships. They don´t live with him, but he pais child suppport. Do the kids count as well into our houshold size or is it just me and him? Do we have to proof this 125% poverty level already at the visa interview for K-1 oe will that be for the AOS?

Thank u?

[Anh map 2,098]

Hi I´ve a question rregarding this topic too.

My finace´has 3 kids out of a previous relationships. They don´t live with him, but he pais child suppport. Do the kids count as well into our houshold size or is it just me and him? Do we have to proof this 125% poverty level already at the visa interview for K-1 oe will that be for the AOS?

Thank u?

Yes, the children will be counted in the household count.

The income requirement applies for the K1 petition interview.

[A&M=L 0]

Yes, the children will be counted in the household count.

The income requirement applies for the K1 petition interview.

Thank u very much for the information

[A&M=L 0]

Oh and is this Poverty level befor or after Tax?

[Used to be broken 147]

True of an automobile, but not true of a home. The reason being that you can't get cash from an automobile without selling it outright, and if it's your only car it would make you a pedestrian, which USCIS considers to be "undue hardship".

You can use equity in a home because it's possible to obtain cash from the home (via a home equity loan or line of credit) without selling the home outright, and without having to move to another home.

This is all explained pretty clearly in the I-864 instructions, and I know several people who've used equity with the I-134 and qualified.

Thank you for clarifying that I have seen several posts in the last week or so that are telling people they cannot use home equity which I thought was incorrect. I didn't see anything in the I-134 directions about it but it did show where to list the home and then the mortgage.

[Used to be broken 147]

hi, my fiancee has just got back from his iraq tour, and has no job yet. will this be a problem? he has a lot of savings and so do I but is being unemployed a problem? he is still enlisted in the army but not active since he came back. thanks

If he is unemployed he can use assets instead of income (money in the bank)

[turtlewife 0]

how much money? we are both never married and have no kids