Worried about supporting my fiance (K1-visa)

[Jen&Barry 0]

Hi,I'm new here. I am a u.s. citizen petitioning for my fiance from the UK. When I was married previously, in 2003 I co-sponsored my now ex sister in law and her two children. They are now permanent residents. I know of one of the three that has 7 years of working hours, my ex sister in law probably more, and the last person I don't know how many hours that person has worked.

My question, (sorry so long) when I fill out the support form when I get that far, do I need to still list them on the form where it asks if I have prevously filled out the I-864 or 864A for anyone before?

I have two girls, (I am divorced and free to marry) me, my fiance (divorced and free to marry), and those three people. That makes a household of 7? Or do I just claim my two girls, me, and my fiance? (4) Do I have to count those three in the household size? I make $12.84 an hour, work full time, and get child support $535 a month. Roughly its about $37,000+ with the child support. Can I count child support as part of income? I need these questions answered as I am losing sleep over this. Will I need a co-sponsor? What if no one will co-sponsor for us? What do I do then? I am sending my petition in February 2011, and go from there. My fiance is sending me copies (that are all signed and dated in black ink) of his divorce decree, letter of intent, and biographic forms, passport photos, copies of passport, copy of luggage tag. I just want to know if I make enough, who to include on form, and can a co-sponsor be a friend of ours that lives out of state? Everyone has said no so far. Last paystub for 2010 says I've made $30,000 and change for the year. ( I received a bonus, which will be used for petitioning for my fiance)

Assets to show: (can and do these work, and do I need receipts to show value?)

Pension/401k

Car that I own outright

Computer

Stocks

[Jen&Barry 0]

We've met in person in November of 2009.

[Rebecca Jo 1,962]

Do you remember exactly what form you signed? If you have a copy, what is the form number?

[Mariye & Ky 172]

Here is the USCIS Poverty Guidelines link: http://www.uscis.gov...ECTS/I_864P.pdf (I used 7 persons in case you have to still include them).

The I-134 Affidavit of Support for K-1 filers says that you must make at least 100% of Poverty Guidelines: That amount for 7 people is $33,270.00 Can you show that from your 2010 Tax filings + the following from the I-134 form list of assets they request? (see below).

I just drafted out an I-134 and page 2 has you list out (Question 7)... your assets. http://www.uscis.gov.../form/i-134.pdf

1. Bank deposit : Show last 3 mos. bank current statements

2. Personal Property: I used my Homeowner's Insurance Declaration which states how much my personal property is valued at.

3. Stocks & Bonds: Now you can show the End of the Year Statements 2010 for IRA-Roth, 401K, 529' College Funds, etc.

4. Life Ins.: Copy of your Life Ins. Policy with the cash surrender value

5. Real Estate you own: Appraisal documentation, etc.

When you do the AOS, you'll have to complete the I-864 & that is when you must make at least 125% of Poverty Guidelines: That amount for 7 people is $ 41,587.00 You can see what the form requires here in this link:

http://www.uscis.gov.../form/i-864.pdf

That's just the basic info for your post... there's a lot more that others more knowledgable than myself can answer.

Good Luck to you,

Mari

Edited January 24, 2011 by Mari & Kadir

[Mariye & Ky 172]

Here is the USCIS Poverty Guidelines link: http://www.uscis.gov...ECTS/I_864P.pdf (I used 7 persons in case you have to still include them).

The I-134 Affidavit of Support for K-1 filers says that you must make at least 100% of Poverty Guidelines: That amount for 7 people is $33,270.00 Can you show that from your 2010 Tax filings + the following from the I-134 form list of assets they request? (see below).

I just drafted out an I-134 and page 2 has you list out (Question 7)... your assets. http://www.uscis.gov.../form/i-134.pdf

1. Bank deposit : Show last 3 mos. bank current statements

2. Personal Property: I used my Homeowner's Insurance Declaration which states how much my personal property is valued at.

3. Stocks & Bonds: Now you can show the End of the Year Statements 2010 for IRA-Roth, 401K, 529' College Funds, etc.

4. Life Ins.: Copy of your Life Ins. Policy with the cash surrender value

5. Real Estate you own: Appraisal documentation, etc.

When you do the AOS, you'll have to complete the I-864 & that is when you must make at least 125% of Poverty Guidelines: That amount for 7 people is $ 41,587.00 You can see what the form requires here in this link:

http://www.uscis.gov.../form/i-864.pdf

That's just the basic info for your post... there's a lot more that others more knowledgable than myself can answer.

Good Luck to you,

Mari

Edit: I hope I clarify myself better here: Your 2010 Tax Return PLUS your Assets = should equate to at least 100% of Poverty Guideline, for the I-134 & 125% of Poverty Guideline for the I-864. Please if I do not have correct, somebody correct me. Thanks!

[pushbrk 12,882]

Hi,I'm new here. I am a u.s. citizen petitioning for my fiance from the UK. When I was married previously, in 2003 I co-sponsored my now ex sister in law and her two children. They are now permanent residents. I know of one of the three that has 7 years of working hours, my ex sister in law probably more, and the last person I don't know how many hours that person has worked.

My question, (sorry so long) when I fill out the support form when I get that far, do I need to still list them on the form where it asks if I have prevously filled out the I-864 or 864A for anyone before?

I have two girls, (I am divorced and free to marry) me, my fiance (divorced and free to marry), and those three people. That makes a household of 7? Or do I just claim my two girls, me, and my fiance? (4) Do I have to count those three in the household size? I make $12.84 an hour, work full time, and get child support $535 a month. Roughly its about $37,000+ with the child support. Can I count child support as part of income? I need these questions answered as I am losing sleep over this. Will I need a co-sponsor? What if no one will co-sponsor for us? What do I do then? I am sending my petition in February 2011, and go from there. My fiance is sending me copies (that are all signed and dated in black ink) of his divorce decree, letter of intent, and biographic forms, passport photos, copies of passport, copy of luggage tag. I just want to know if I make enough, who to include on form, and can a co-sponsor be a friend of ours that lives out of state? Everyone has said no so far. Last paystub for 2010 says I've made $30,000 and change for the year. ( I received a bonus, which will be used for petitioning for my fiance)

Assets to show: (can and do these work, and do I need receipts to show value?)

Pension/401k

Car that I own outright

Computer

Stocks

Answer all questions accurately and truthfully. I-134, I-864 and I-864EZ are all "affidavits of support" and so regardless of which one you signed, you list the people. Whether they should be or will be counted as part of your household is a separate matter. If you wish to add your own statement with regard to their current status, suggesting which, if any should not be counted, go ahead. The I-134 does not ask YOU to state your household size.

If you list assets, be aware that it takes $3 in liquid assets to make up $1 of income shortfall. For Child support, to be counted, it must both be court ordered and that order and its actual receipt of funds by you must be documented.

While London may or may not apply the 125% standard, it WILL be applied when your loved ones adjust status.

They won't consider your only car or a computer but your 401k and stocks are good. State the actual current value of your 401k but don't expect them to consider the full value because of taxes and penalties associated with liquidating it.

Edited January 24, 2011 by pushbrk

[Penguin_ie 5,993]

Good answers above, just a couple of additions:

Sounds like it will still be a household of 7 for you, as the ex-SIL and her kids are not US citizens yet (you could always suggest that they apply, sounds like they have been here long enough), and have not worked the requisite 40 quarters (ten continuous years).

A co-sponsor can be anyone who is a US citizen or greencard holder and residing in the USA.

[Rebecca Jo 1,962]

Answer all questions accurately and truthfully. I-134, I-864 and I-864EZ are all "affidavits of support" and so regardless of which one you signed, you list the people. Whether they should be or will be counted as part of your household is a separate matter. If you wish to add your own statement with regard to their current status, suggesting which, if any should not be counted, go ahead. The I-134 does not ask YOU to state your household size.

If you list assets, be aware that it takes $3 in liquid assets to make up $1 of income shortfall. For Child support, to be counted, it must both be court ordered and that order and its actual receipt of funds by you must be documented.

While London may or may not apply the 125% standard, it WILL be applied when your loved ones adjust status.

They won't consider your only car or a computer but your 401k and stocks are good. State the actual current value of your 401k but don't expect them to consider the full value because of taxes and penalties associated with liquidating it.

If all she signed was an I134, then she doesn't count her ex sister in law and children. Because she never sponsored them.

[LoriT 16]

Hi-

Sorry, nothing more to add, I think they covered it all. Just wanted to say hello... I'm from MN as well and my fiance is from the UK. Nice to see someone so close going through the same thing. Wishing you all the best.

Lori (and Colin too)

If all she signed was an I134, then she doesn't count her ex sister in law and children. Because she never sponsored them.

[pushbrk 12,882]

If all she signed was an I134, then she doesn't count her ex sister in law and children. Because she never sponsored them.

I get that if she only signed an I-134, she's under no contractual obligation and those people shouldn't count in her family size calculation. I'm simply addressing the truthful and accurate way to complete the I-134. Show me on the I-134 where you "count" the family size. The form asks a question. You sign it under penalty of perjury, so you better answer the direct questions accurately. The I-134 IS an "affidavit of support".

[Rebecca Jo 1,962]

I get that if she only signed an I-134, she's under no contractual obligation and those people shouldn't count in her family size calculation. I'm simply addressing the truthful and accurate way to complete the I-134. Show me on the I-134 where you "count" the family size. The form asks a question. You sign it under penalty of perjury, so you better answer the direct questions accurately. The I-134 IS an "affidavit of support".

?

Perhaps I should not have quoted you?

I only interjected at this point because the thread was going in the direction of telling the OP she needs to include these other people. I didn't learn a lot from her statement "when I was married previously, I co-sponsored.........". It could have been her ex-husband's income (and not hers) that was used to sponsor those aliens. Or it could have been either she or her ex only signed an I-134.

I felt the answer to this was needed before anything else was discussed.

Edited January 24, 2011 by Rebecca Jo

[Penguin_ie 5,993]

I didn't learn a lot from her statement "when I was married previously, I co-sponsored.........". It could have been her ex-husband's income (and not hers) that was used to sponsor those aliens. Or it could have been either she or her ex only signed an I-134.

To me "I co-sponsored" means she signed a form. Thus, she is just as liable as the ex-husband, even if only he had an income. And if she co-sponsored a sister-in-law, surely she'd have needed a I-864 (or I-864A), as the I-134 is only used for K1 fiances?

[Fandango 1,439]

Hrmm, good question, I believe that IF the SIL and her children are not under your roof, you do not support them with an financial means, then they should not be included in family size.

But I am just speculating here.

[Jen&Barry 0]

I checked the paperwork that I had, and it was form, I-864. Thank you all for your answers, i really do appreciate them all.

My ex sister in law has a appointment today (1/24/11)with immigration. I think she will be filing for citizenship. She has taken the classes. My niece and nephew she wasnt sure where they were in the process. She only knows that they are permanent residents and she didnt know if they were filing or were going to file for citizenship.

They went by my ex husbands income at the time, and I co signed the paper. At the time she was my sister in law, and I thought why not?

When I file a petition for my fiance and they approve and send me "request for more evidence", then I would fill out the affidavit of support form right? I got confused, do I file that form, then I-134 later when he adjusts status? I guess I have to say on the affidavit that i sponsored those three before right? So a household of 7 I have to put on the form.

I'm waiting to hear from a mutual friend of ours that was willing to look into the information I sent her from the uscis website for sponsorship. I know I will probably need a co-sponsor, I just hope she doesn't say no.

If she says no, is our only choice is for my fiance to come to the us and marry me, and go back and I file a petiton for spouse? The fiance petition isnt sent yet. I'm waiting for his information to get to me in the mail, and I hope my friend gets back to me before I do file a fiance petiton. I met my fiance online too. And I'm glad I did. I love him to bits.

Im glad to meet a fellow Minnesotan on here!! And the same situation of you a us citizen and our fiance's from the uk. That's very cool.

This whole process is scarey in the fact that I'm afraid I'll not have a co-sponsor or make enough. I figured I'd be 28,000 short without a co-sponsor. I do have the pension and 401k through work, unless they are combined. Not sure. I'd give my left arm right now to insure my fiance would get here. All joking aside I really want to get him here. We've been seperated since November 2009, and all we can do is call one another, SKype, Msn Messenger.

Anymore advice would be greatly appreciated. This website is so valuable to anyone going through this process. Thanks again.xx

Jen & Barry

[Jen&Barry 0]

I get that if she only signed an I-134, she's under no contractual obligation and those people shouldn't count in her family size calculation. I'm simply addressing the truthful and accurate way to complete the I-134. Show me on the I-134 where you "count" the family size. The form asks a question. You sign it under penalty of perjury, so you better answer the direct questions accurately. The I-134 IS an "affidavit of support".

So which form do I use when filing for avidavit of support for my fiance the I-134 or the I-1864?