affidavit of support

[carine 1]

sorry if that question have been posted already, but I searched and I didn't find much info.

First of all, I seen that there was form I-864 and I-134 for affidavit of support. We are into a K1 process, and I try to gather all the papers and form in advance. It is the I-864 for a K1, right?

Then we tried to fill the I-864 over the phone with my fiance, and he got a permanent job only since december 2009. He is making around 17 000$ a year. He only has around 2600$ in savings since we have been working/spending on his house last summer (but the house is under the name of his parents still). That is under the poverty guideline BUT I have some savings that are around 34000$.

if we count our savings together, which is 36 600$, is it enough?

even if his annual incomes are under the poverty guideline? should we get a co-sponsor to make sure?

Also since it is the first year he has been working, he doesn't have his tax return yet (but he just receive his w-2), is that a problem?

that form is the most stressful

I do not want to loose time, in the whole process with some stupid mistake.

thanks in advance

[jingo 38]

I dont think the beneficiary's assets can be counted at all. It has to be all the US sponsor's money. I would say get a co-sponsor if you can!

[MensahLuv 4]

sorry if that question have been posted already, but I searched and I didn't find much info.

First of all, I seen that there was form I-864 and I-134 for affidavit of support. We are into a K1 process, and I try to gather all the papers and form in advance. It is the I-864 for a K1, right?

Then we tried to fill the I-864 over the phone with my fiance, and he got a permanent job only since december 2009. He is making around 17 000$ a year. He only has around 2600$ in savings since we have been working/spending on his house last summer (but the house is under the name of his parents still). That is under the poverty guideline BUT I have some savings that are around 34000$.

if we count our savings together, which is 36 600$, is it enough?

even if his annual incomes are under the poverty guideline? should we get a co-sponsor to make sure?

Also since it is the first year he has been working, he doesn't have his tax return yet (but he just receive his w-2), is that a problem?

that form is the most stressful

I do not want to loose time, in the whole process with some stupid mistake.

thanks in advance

Hi,

For the K1 you need to use the I-134. Check out these link for more info

http://www.visajourney.com/content/support

[MensahLuv 4]

Check this link

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe3647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD

Also, if there is a family of 2, you and your fiance an income of 14,710 will be enough. Your savings in conjunction with your fiance can be used based in instructions or the i=134 form.

[carine 1]

thanks for your replies, and for the link.

after reading it it does look like the I-134 is what we need...I got my idea of the I-864 on that pdf document(see attached) which is a copy of the packet3 letter sent by the US embassy in Paris that I found online.

Maybe that letter is not for my type of visa?

packet31.pdf

[carine 1]

also, for a household of 2 persons aren't we supposed to have incomes superior to 125% of the poverty guideline so 17,484$ instead of 14,500 $

[MensahLuv 4]

Where did you find your guidelines? I look on a site online which may not be accurate. if you got your info from the actual gov site then you may be right. I suggest you verify. Yes, the I-134 is what I used for my recent k1 interview last week. That was the form provided in our package 3.

[MensahLuv 4]

also, for a household of 2 persons aren't we supposed to have incomes superior to 125% of the poverty guideline so 17,484$ instead of 14,500 $

I actually found the link with the poverty guidelines

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

[carine 1]

the problem if I fill I-134 is that unlike on I-186, there is no space to put the "intending immigrant assets".

even if VJ link state

"however the foreign fiance's assets CAN be used if

they are readily convertible into cash."

so where do I specify my assets on that form?

oh and the .pdf guideline comes from

http://www.visajourney.com/consulates/index.php?ctry=France&cty=Paris

Edited January 30, 2011 by carine

[MensahLuv 4]

I suggest you call the number listed on the instruction of the I134 form for more clarification,The last link is from the actual government site, Hope that helps.

[NigeriaorBust 4,087]

If your embassy want to use the I 864 instead of the I 134 they can. The I 134 uses 100 % of the poverty level but many embassies know you will soon have to file adjustment of status and want to see that you have at least that mush so you don't get approved for a K1 and then denied at AOS and have to leave. ( In theory it could happen) Also living happily in the US take money. Barely making the poverty line is really not expecting a good life in the US.

[Anh map 2,098]

Check with the embassy/consulate to see if they will accept self sponsorship. This is not always accepted in a K visa case.

The I-134 is an individual document. No combining of another person's income/assets. The USC petitioner complete a form regardless of income. If their income is short of the $18,387 requirement they can use assets to make up the earnings shortfall. Assets (cash/real estate, investments) are considered at a 3:1 ratio. ($3 assets = $1 income) Assets outside the US are considered at a 5:1 ratio.

The beneficiary would have to meet the entire income/asset requirement. and complete a form I-134 in addition to the petioner's I-134. That would mean (5 x $18,387) $91,935 would be needed. If that cash was in a US account then it would likely be factored at 3:1 so $55,161 would be required.

For the I-134 it may be easier to secure a USC or LPR joint sponsor. At the Adjustment of Status phase the immigrant's assets can be combined using the form I-864A along with the USC spouse's I-864.

Edited January 30, 2011 by Anh map