Fiance's son emptied his bank account

[Stuart and Thea 95]

My fiance's son accessed his savings account over the last few days and cleared it out. While we are hoping to recover the stolen funds, my fiance is concerned that if he can't, the US government will not accept his income alone as enough proof that he can support me and my son. He makes well above the poverty line, and I'm sure it's a moot point, but I'm wondering what we can do to beef it up a little. He has no investments or assets otherwise (wife got all in the divorce)

I could transfer money from my savings into his account, if it's deemed important, and I know that my house can also be counted towards this as well. Should we prepare to include everything we can?

[Anh map 2,098]

Real Estate located outside of the US is not likely to be accepted.

If his current annualized income is enough then no need for the asset portion of the I-134.

[Inky 1,110]

Money that just appears in a bank account one day is NOT counted because you need to show proof of the money being there for quite some time.

[Rufus2012 175]

"If his current annualized income is enough then no need for the asset portion of the I-134"

Does this mean one can simply leave the other portions of the I-134 blank? I don't recall seeing anywhere in the instructions that you could leave things out - it seems like they want an exhaustive list of your financials. It would certainly be more convenient to prove income and not bother with bank statements.

[Inky 1,110]

"If his current annualized income is enough then no need for the asset portion of the I-134"

Does this mean one can simply leave the other portions of the I-134 blank? I don't recall seeing anywhere in the instructions that you could leave things out - it seems like they want an exhaustive list of your financials. It would certainly be more convenient to prove income and not bother with bank statements.

We left the entire thing blank accept for the income. We only provided income that is all and were approved.

[Anh map 2,098]

"If his current annualized income is enough then no need for the asset portion of the I-134"

Does this mean one can simply leave the other portions of the I-134 blank? I don't recall seeing anywhere in the instructions that you could leave things out - it seems like they want an exhaustive list of your financials. It would certainly be more convenient to prove income and not bother with bank statements.

Correct. If the income works, leave the other parts alone.

[JimVaPhuong 4,863]

"If his current annualized income is enough then no need for the asset portion of the I-134"

Does this mean one can simply leave the other portions of the I-134 blank? I don't recall seeing anywhere in the instructions that you could leave things out - it seems like they want an exhaustive list of your financials. It would certainly be more convenient to prove income and not bother with bank statements.

Ignore the I-134 form instructions. They were written a long time ago when USCIS used the form as the primary affidavit of support. USCIS rarely uses the I-134 since it was replaced by the I-864 in 1997. Consulates still use it as a screening tool for the "public charge" requirement. In the case of a K1 applicant, they're trying to make sure that the beneficiary will have a sponsor with sufficient income (and assets, if needed) to sign an I-864 when the time comes for adjustment of status.

They neither want nor need an exhaustive list of the petitioner's financials. They're not accountants. They don't care. The only thing they care about is whether the petitioner is qualified to sponsor the beneficiary. If the petitioner qualifies on income alone then that's almost always enough information for them. The petitioner can prove this with a copy of their most recent tax return (or IRS transcript of the return), a letter of employment, and some pay stubs.

[Stuart and Thea 95]

Thanks for the clarification.

[gland 5]

Correct. If the income works, leave the other parts alone.

wow that is good to know. I have plenty of income and was wondering about copying all these cd's and such. Glad to know it isnt necessary.

[Ning 619]

Ignore the I-134 form instructions. They were written a long time ago when USCIS used the form as the primary affidavit of support. USCIS rarely uses the I-134 since it was replaced by the I-864 in 1997. Consulates still use it as a screening tool for the "public charge" requirement. In the case of a K1 applicant, they're trying to make sure that the beneficiary will have a sponsor with sufficient income (and assets, if needed) to sign an I-864 when the time comes for adjustment of status.

They neither want nor need an exhaustive list of the petitioner's financials. They're not accountants. They don't care. The only thing they care about is whether the petitioner is qualified to sponsor the beneficiary. If the petitioner qualifies on income alone then that's almost always enough information for them. The petitioner can prove this with a copy of their most recent tax return (or IRS transcript of the return), a letter of employment, and some pay stubs.

I dont understand the responce when I look at what you just said in another post which I copied below. Here you begin with the " blanket statement" about ignoring the instructions. I am not trying to argue with you about this just trying to understand.

"Understood, but the experience of one person with one consular officer at one US consulate doesn't necessarily justify a blanket statement about all consular officers at all consulates. There are a great many VJ members who have successfully gotten a K1 visa from a US consulate after submitting an I-134 that was insufficient on income, but had adequate assets (with the requisite evidence) to offset the income shortage. What you say about assets being essentially ignored may be true for that one consular officer at that one consulate, but it's apparently not true of all consular officers or all consulates. The law allows them the discretion to consider assets, and many of them do."

[Rufus2012 175]

Ning - I don't think JimVaPhuong is being inconsistent - his answer about listing only income on the I-134 was specific to those who can qualify based on income alone. The response you are referring to is about someone who did not have enough income. It makes sense to me - the CO sees enough income, he ignores the rest. Not enough income, he starts looking at assets.

[joyjohn 18]

for me its a "either" or a "OR"....be it a I-134 or a I-864 if your income is above the guide use your income if it is below you can make up the difference with assets according to their guide. JMO

[Jacque and Gerry 5]

My fiance's son accessed his savings account over the last few days and cleared it out. While we are hoping to recover the stolen funds, my fiance is concerned that if he can't, the US government will not accept his income alone as enough proof that he can support me and my son. He makes well above the poverty line, and I'm sure it's a moot point, but I'm wondering what we can do to beef it up a little. He has no investments or assets otherwise (wife got all in the divorce)

I could transfer money from my savings into his account, if it's deemed important, and I know that my house can also be counted towards this as well. Should we prepare to include everything we can?

Oh Thea! I'm so sorry this happened. At least Stuart makes enough and it shouldn't affect your visa.

[JimVaPhuong 4,863]

I dont understand the responce when I look at what you just said in another post which I copied below. Here you begin with the " blanket statement" about ignoring the instructions. I am not trying to argue with you about this just trying to understand.

"Understood, but the experience of one person with one consular officer at one US consulate doesn't necessarily justify a blanket statement about all consular officers at all consulates. There are a great many VJ members who have successfully gotten a K1 visa from a US consulate after submitting an I-134 that was insufficient on income, but had adequate assets (with the requisite evidence) to offset the income shortage. What you say about assets being essentially ignored may be true for that one consular officer at that one consulate, but it's apparently not true of all consular officers or all consulates. The law allows them the discretion to consider assets, and many of them do."

I made that statement in response to the following statement made by you regarding assets:

It isnt required or needed especially if you have sufficent income. The assest are of no use unless they are liquid or can be liquidated quickly. If you want to use them just use the amounts you feel are correct. No supporting docs are required because they will disregard them anyway.

http://www.visajourney.com/forums/topic/321775-i-134-personal-property/page__view__findpost__p__4809286

I'm sorry if I gave the impression that assets must be declared, even if the sponsor qualifies on income alone. That wasn't my intention. I was stating that if assets are declared then you must provide supporting evidence for them.

What you said about assets not being required if your income is sufficient was correct. What you said about just using asset values you felt were accurate and not providing supporting docs for the assets was not correct. As I pointed out in that thread, many consulates have considered assets with an I-134 when sufficient supporting evidence was provided. If you declare an asset on the I-134 then the consulate can demand supporting evidence for the asset or refuse to accept the I-134.

The instructions I'm suggesting should be ignored are the USCIS instructions for the I-134 form. If you followed those instructions then you wouldn't submit a copy of your most recent tax return unless you were self-employed. Most consulates will provide guidelines for the I-134 with packets 3 and 4, and most will insist on a copy of the most recent tax return (or IRS transcript) from every sponsor. Don't follow the form instructions - follow the consulate's instructions.

[bigdog 376]

My fiance's son accessed his savings account over the last few days and cleared it out. While we are hoping to recover the stolen funds, my fiance is concerned that if he can't, the US government will not accept his income alone as enough proof that he can support me and my son. He makes well above the poverty line, and I'm sure it's a moot point, but I'm wondering what we can do to beef it up a little. He has no investments or assets otherwise (wife got all in the divorce)

I could transfer money from my savings into his account, if it's deemed important, and I know that my house can also be counted towards this as well. Should we prepare to include everything we can?

The current annualized income is the key here not money in an account for a short time.