Worried about supporting my fiance (K1-visa)

[Jen&Barry 0]

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

Wouldn't I have to use the 125% of the poverty line. My fiance isnt in the armed forces.

[Jen&Barry 0]

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.

I have child support filed through the county where I live to be automatically taken out the ex's paycheck. Would a print out of what I've received will work as proof? In the beginning I copied the raw money order checks he gave me. I didnt think to copy all of them, I just have some.

[pushbrk 12,897]

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.

Please don't speculate. The correct answers have already been given.

[pushbrk 12,897]

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

The I-134. Later, when adjusting status, you file the I-864. Actually, you don't "file" an I-134. You provide it to be carried to the interview.

I have child support filed through the county where I live to be automatically taken out the ex's paycheck. Would a print out of what I've received will work as proof? In the beginning I copied the raw money order checks he gave me. I didnt think to copy all of them, I just have some.

A few recent bank statement showing the deposits along with a copy of the court order will do nicely.

[Rebecca Jo 1,962]

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?

Penguin, I agree.

Except the terms are used interchangeably for the two documents, even though the I134 isn't binding.

Now we have the answer so we can all go from that.

[Mariye & Ky 172]

You use the I-134 when your fiance goes to Interview.

You use the I-864 LATER on when you two file for an Adjustment of Status.....

You will use both eventually.

[Mariye & Ky 172]

Penguin, I agree.

Except the terms are used interchangeably for the two documents, even though the I134 isn't binding.

Now we have the answer so we can all go from that.

Why wouldn't it be binding if we must submit it as an Affidavit of Support to the US Govt? On Page 2 at the very bottom there is an Oath or Affirmation of Sponsor which and when my signature is on that, it promises that I am liable and legally obligated to repay all monies back to Gov't agencies should my fiance become a public charge. SEE SPONSOR and ALIEN LIABILITY on I-129F instructions: http://www.uscis.gov/files/form/i-134instr.pdf

[Noah_and_Tatyana 0]

Sorry I if am wrong. I think -

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

[Mariye & Ky 172]

Wouldn't I have to use the 125% of the poverty line. My fiance isnt in the armed forces.

You know, maybe Pushbk can clarify this for us?

OP, For our case I planned on the 125% all the way through (both forms) just to give myself extra padding. With my assets and current income, plus last 3 yrs tax returns I was fortunate to make the requirements.

[Crossed_fingers 128]

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.

Have we seen a 401k counted as an asset? I've asked around on this topic several times before and searched the archives and I've never seen that answered conclusively. People seem to speculate that either, "Sure, it will count, but only the amount left over after you account for tax penalties," and other people seem to speculate that because of the degree of hardship if you cash out early it cannot be considered as an asset. If you've actually seen an instance where 401k assets made a difference and were definitely counted, that would be great information to have!

[Mariye & Ky 172]

Sorry I if am wrong. I think -

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

You're not wrong, you got it!

For K-1 Fiance Visa Petitioners: requirement for packet #2: I-134

AOS : I-864

[Mariye & Ky 172]

Have we seen a 401k counted as an asset? I've asked around on this topic several times before and searched the archives and I've never seen that answered conclusively. People seem to speculate that either, "Sure, it will count, but only the amount left over after you account for tax penalties," and other people seem to speculate that because of the degree of hardship if you cash out early it cannot be considered as an asset. If you've actually seen an instance where 401k assets made a difference and were definitely counted, that would be great information to have!

Even after the tax penalties, the 401K is liquid. That's what they're looking for, the value [ to make up for the deficiency on the income $3:1 ratio] or, amount you can get your hands on so your fiance / spouse will not become a public charge.

[JimVaPhuong 4,863]

Even after the tax penalties, the 401K is liquid. That's what they're looking for, the value [ to make up for the deficiency on the income $3:1 ratio] or, amount you can get your hands on so your fiance / spouse will not become a public charge.

The I-864 instructions say the asset must be convertible into cash within one year "without considerable hardship or financial loss". Neither the INA nor 8 CFR specifically address this. The AFM has some guidance, but doesn't specifically mention anything about the "financial loss" requirement. The only type of asset mentioned in the AFM that would have an early cash out penalty is certificates of deposit.

It's possible a CO could consider the penalty for cashing out a 401K to be a "financial loss". On that basis, they might refuse to accept a 401K as an asset.

[Mariye & Ky 172]

The I-864 instructions say the asset must be convertible into cash within one year "without considerable hardship or financial loss". Neither the INA nor 8 CFR specifically address this. The AFM has some guidance, but doesn't specifically mention anything about the "financial loss" requirement. The only type of asset mentioned in the AFM that would have an early cash out penalty is certificates of deposit.

It's possible a CO could consider the penalty for cashing out a 401K to be a "financial loss". On that basis, they might refuse to accept a 401K as an asset.

OK eassssssssssy ... EASSSSSSSSSSSY!! Jim, this is way over my head... First, what is the INA or 8CFR and the AFM? I can't keep up with the acronyms lol. And since I have a "First", then I need a Second. Please help me [and others] understand what you said. please simplify.... lol please.

Hmmmmmmm and good point about the CO and 401K as financial loss. So if we do not include this, but rather the IRA-Roth, or 529 Savings, would that be better evidence and proof?

Thanks Jim,

Mari

[pushbrk 12,897]

The most definitive answer I can give is NOT definitive and that is that it could go either way. The MOST consideration possible would be the net value after taxes and penalties, so DEFINITELY NOT counted as the full value like a savings account or other investment account would be.

The reason it could go either way is the Consular officer is trained and expected to consider the totality of the circumstances. For instance, in the extreme example, the usual "Executive" with a history of six figure income who is currently unemployed but has a million bucks in his 401K, is probably going to sail through even with the 401k as his only asset, while the 30 year old working for 13 bucks an hour with the same three kids and a fiancee having $50k in the 401K is not as likely to cut the mustard. It would also depend on the country and intangible employability of the beneficiary in some cases.