Jump to content
h2oshore

1-134 Affidavit of Support

 Share

14 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Thailand
Timeline

I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

Link to comment
Share on other sites

Filed: Timeline
I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

You can use real estate holdings to meet the requirement if they can be liquidated within a year, I think.

They probably won't consider your fiancee's income or earning potential, though you are right...RNs are a pretty low risk for welfare!

24 June 2007: Leaving day/flying to Dallas-Fort Worth

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I made peanuts in SE too:

I got married in VN and still had a sponsor to be safe.

Your situation:

You need to do research on the Aff. of Support requirements, and do you have official proper verification for those assests (be safe than sorry)

Finally, the most difficult thing for me, was adjusting back to normal/ boring western world. It's easier with your girl in tow.

Good Luck

ps: no gov't coup here; just "W" :(

Link to comment
Share on other sites

Filed: Timeline

h2oshore,

For the K non-immigrant visas there is no nice formula for considering assets in lieu of income for meeting the public charge provisions of the law, as there is for immigrants. The consular officer is to consider the 'totality of the circumstances'. A particular consular officer may or may not use the I-864 formula for immigrants, at his discretion.

That aside, the money in the bank looks like a nice sum. Is the real estate generating any income for you, or are you holding it for its appreciation potential?

Your fiancee's resume sounds good on the surface, but the devil is always in the details. She'll need to pass State certification tests to practice as a RN? How are her spoken and written English language skills? Probably pretty good, but recognize that in the USA she's going to be competing mainly with native English speakers for jobs - her Thai accent alone, if she has one, could put her at a disadvantage against other job applicants and initially make it difficult for her to find a position that she might otherwise be well qualified for. (Although, my wife's cousin is an MD who completed his residency in Chiangmai two years ago. Last month he arrived in the USA to take advanced courses at a US medical school. The professors conducting his first two courses are a Korean and a Japanesse.)

More important, perhaps, as a K1 she may not be able to work for months, during which time she will have to depend on you for support. That's the consular officer's primary concern - the 90-day stay in the USA that goes along with the K1 visa she is applying for.

Yodrak

I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

Edited by Yodrak
Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline
I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

I can't speak to the I-134 since it did not make sense to pursue a non-immigrant K visa when I was living overseas with my SPOUSE. We used the I-864 for his Immigrant Visa and I did use my assets (inlcuding real estate) to sponsor him.

HINT HINT HINT :)

http://www.visajourney.com/forums/index.ph...om&page=dcf

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

Filed: Timeline

meauxna,

Yes, thank you. You help me to overcome my hesitation to once again recommend that marriage-based visa applicants in Thailand call or e-mail US immigration attorney William F White (Bill) and ask a few questions.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

WFWlaw@aol.com

Well worth the few minutes, and could be particularly useful to our current OP h2oshore.

Yodrak

I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

I can't speak to the I-134 since it did not make sense to pursue a non-immigrant K visa when I was living overseas with my SPOUSE. We used the I-864 for his Immigrant Visa and I did use my assets (inlcuding real estate) to sponsor him.

HINT HINT HINT

http://www.visajourney.com/forums/index.ph...om&page=dcf

Edited by Yodrak
Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline

Yodrak, please don't ever hesitate. I think you have a good resource there and had someone offered me the same in my own time, I would've followed up.

meauxna,

Yes, thank you. You help me to overcome my hesitation to once again recommend that marriage-based visa applicants in Thailand call or e-mail US immigration attorney William F White (Bill) and ask a few questions.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

WFWlaw@aol.com

Well worth the few minutes, and could be particularly useful to our current OP h2oshore.

Yodrak

I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?

I can't speak to the I-134 since it did not make sense to pursue a non-immigrant K visa when I was living overseas with my SPOUSE. We used the I-864 for his Immigrant Visa and I did use my assets (inlcuding real estate) to sponsor him.

HINT HINT HINT

http://www.visajourney.com/forums/index.ph...om&page=dcf

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline
I made peanuts in SE too:

I got married in VN and still had a sponsor to be safe.

Your situation:

You need to do research on the Aff. of Support requirements, and do you have official proper verification for those assests (be safe than sorry)

Finally, the most difficult thing for me, was adjusting back to normal/ boring western world. It's easier with your girl in tow.

Good Luck

ps: no gov't coup here; just "W" :(

Thanks for the reply. My Fiance has excellent English and has spent two recent summers studying in the USA at UCSF and USD. But of course she will have to pass a nursing test (NCLEX) before being able to work as an RN in the USA.

I just found this guide which says that assets can be used in place of income using the following guideline.

• You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

This would seem to put me on easy street but I don't know if this information is current and valid.

Does anybody know?

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline

Are my posts on ignore? :)

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline
Are my posts on ignore? :)

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Didn't mean to overlook what you said. Seems like your experiance confirms my impression that I have no worries. Especially taking into account the 3x conversion.

Thanks for your feedback. This forum is really helpful. I'm feeling confident I can go through the K1 process without paying a lawyer. I'll just check, recheck and check everything again at every step.

Perhaps I'll talk to a lawyer like the one recommended above for any lingering questions or doubts rather than handing over $1000 to someone to do everything.

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline

Are my posts on ignore? :)

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Didn't mean to overlook what you said. Seems like your experiance confirms my impression that I have no worries. Especially taking into account the 3x conversion.

Thanks for your feedback. This forum is really helpful. I'm feeling confident I can go through the K1 process without paying a lawyer. I'll just check, recheck and check everything again at every step.

Perhaps I'll talk to a lawyer like the one recommended above for any lingering questions or doubts rather than handing over $1000 to someone to do everything.

Sorry to keep harping...

The scenario I describe applies not to a K-1 visa, but an immigrant visa. If you read the Guide "What is DCF and Why Do I Care?" you'll immediately see the benefits to marrying there now, and applying for the 'right' visa while you are both still abroad.

The I-134 for K visas does not have the asset provision discussed here, only the I-864 for immigrant visas does.

As we are talking about assets here...

which information should be enough to show bonds and stocks as assets?

Just a copy of the account information with name and total value is enough?

rlt,

I used a couple of hard copy printouts I had from my investment accounts with updates printed from the website to show current value.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Are my posts on ignore? :)

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Didn't mean to overlook what you said. Seems like your experiance confirms my impression that I have no worries. Especially taking into account the 3x conversion.

Thanks for your feedback. This forum is really helpful. I'm feeling confident I can go through the K1 process without paying a lawyer. I'll just check, recheck and check everything again at every step.

Perhaps I'll talk to a lawyer like the one recommended above for any lingering questions or doubts rather than handing over $1000 to someone to do everything.

Sorry to keep harping...

The scenario I describe applies not to a K-1 visa, but an immigrant visa. If you read the Guide "What is DCF and Why Do I Care?" you'll immediately see the benefits to marrying there now, and applying for the 'right' visa while you are both still abroad.

The I-134 for K visas does not have the asset provision discussed here, only the I-864 for immigrant visas does.

Don't worry about harping, I appreciate it. The Guide you refer to does seem to show the benefit of marrying here in Thailand. However I get mixed advice about that. As my assets and proof of such assets and such are in the States I'm told to just go there and file. Also keep in mind that we are not in a hurry.

As to the lack an asset provision for the K visas (1-134), that's new to me. I understand at the moment that the asset provision is fine for a K visa.

As we are talking about assets here...

which information should be enough to show bonds and stocks as assets?

Just a copy of the account information with name and total value is enough?

rlt,

I used a couple of hard copy printouts I had from my investment accounts with updates printed from the website to show current value.

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline
Don't worry about harping, I appreciate it. The Guide you refer to does seem to show the benefit of marrying here in Thailand. However I get mixed advice about that. As my assets and proof of such assets and such are in the States I'm told to just go there and file. Also keep in mind that we are not in a hurry.

As to the lack an asset provision for the K visas (1-134), that's new to me. I understand at the moment that the asset provision is fine for a K visa.

I think I'll ask Yodrak to answer that, since he is very knowledgable on Thailand and the I-134. Assets may be added to an I-134 as part of the public charge provision, but.. well, he can explain more clearly.

I'm a big fan of the DCF. I did my own case that way, and I managed to get the info I needed from the States. It's not even so much a question of saving time (tho the Guide is written w/that slant) but the completion of the process and the protection it offers your spouse.

If I'd been knocked down by a bus before we were married 2 years, I knew my husband would not be thrown out, and would have the security of his new home.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...