Filling up I-134! Confused! Need Help!

[merkin&regine 18]

A cash bond is not acceptable as a source of income and that is what the affadavit of support is all about.

You have a great boss who it sounds like really cares about you and your happiness. So that being said, why don't you ask her for a raise to bring your income to the 125% of poverty guidelines? It computes to about $65 each week to make up the deficicncy and you'd have the required income to put all your fears to rest.

The Consulate will consider your CURRENT income at the time of the interview. SO... If your boss were to give you a $65 per week raise, you'd meet the income requirements and would not need to sweat whether a co-sponsor is acceptable...

Actually, I make more than what my W2 and 1099(as i have a small online business) .. I also have cash income but I dont know how to declare that on my tax return. Is it OK to just add it on my tax return? just to get above the poverty line? and just pay whatever tax I owe? If this will be feasible, I can easily do this on my 2011.. tax return.. here's my previous income 2009 .. may be about $28,000+ ; 2010 is about $26,430

Isn't that they will get an average income for 3 years? or they will just need the 2011 for fiance? which is which?

Thanks..

[Tahoma 2,292]

Whenever someone is flirting with the minimum income requirement and is going through the U.S. Embassy Manila, I recommend they build the best financial case they possibly can...and I think you are doing exactly that. I think you have an excellent chance for approval. The reason I say this is because you seem to have it together, you're asking the right questions, and you're putting together a thorough financial case for yourself.

Keep in mind that the consular officer will be looking at the totality of the circumstances in regards to your financial picture. I hope the consular officer sees the same things I'm seeing. True, your income may be a few grand shy, but you are showing yourself to be a saver who has money in the bank, and a responsible homeowner who is building equity for the future. I'm guessing you have a steady job too...another plus in your favor. You are also a father who provides for his children. I believe these are some of the things which will win over the consular officer.

I particularly like your idea of attempting to submit both an I-134 and an I-864 from your joint sponsor. I realize it's not standard operating procedure, but it worked in Manila last year for a friend of mine, and I have seen it work more than once here on VJ.

Regardless of whether the CO accepts your home equity as a liquid asset, I believe it's important to include it in your case because it helps paint the picture of you that you want the CO to see. And yes, include the letter from your bank from January or February, and a year's worth of bank statements. Maybe the only things I wouldn't include is your boss' cash bond offer and the quit claim idea. I don't think you will need them anyway.

In the three years I've been following Visa Journey, I've seen many cases approved by Manila which were not nearly as strong as yours. Other than building the best financial case you can, my best advice would be for you to attend the interview in order to have the chance to make your case, and to show the CO that you care about this important event in your life. I have seen here on VJ that the petitioner's personal appeal to a CO in Manila can make the difference. I don't think your fiancée will become a public charge in the U.S. and I don't think the CO will think so either.

You can do this.

[merkin&regine 18]

A cash bond is not acceptable as a source of income and that is what the affadavit of support is all about.

You have a great boss who it sounds like really cares about you and your happiness. So that being said, why don't you ask her for a raise to bring your income to the 125% of poverty guidelines? It computes to about $65 each week to make up the deficicncy and you'd have the required income to put all your fears to rest.

The Consulate will consider your CURRENT income at the time of the interview. SO... If your boss were to give you a $65 per week raise, you'd meet the income requirements and would not need to sweat whether a co-sponsor is acceptable...

And yep! My BOSS.. is the best BOSS that you can have.. very nice and treat me like a part of thier family... this is the reason why I made a sworn statement signed by her stating the realtionship between me and my BOSS, she is like a mother to me and me like her SON. As previously, I've read a correspondent here in VJ in response to a question regarding a Co sponsor on a fiance's petition.

The correspondence says the FF:

Reference: Fiancé(e) Visa Information

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor's motives in submitting the Form I-134, the sponsor's relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

Information regarding fiancé(e) and immigrant visa petitions may be found at our website at http://travel.state.gov/visa/immigrants/ty...types_1315.html or http://manila.usembassy.gov/wwwh3204.html.

Please direct future fiancé(e) and immigrant visa inquiries to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information is helpful to you.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

I got this from this thread..

http://www.visajourney.com/forums/topic/330523-usem-manila-accepting-co-sponsors/

[merkin&regine 18]

Whenever someone is flirting with the minimum income requirement and is going through the U.S. Embassy Manila, I recommend they build the best financial case they possibly can...and I think you are doing exactly that. I think you have an excellent chance for approval. The reason I say this is because you seem to have it together, you're asking the right questions, and you're putting together a thorough financial case for yourself.

Keep in mind that the consular officer will be looking at the totality of the circumstances in regards to your financial picture. I hope the consular officer sees the same things I'm seeing. True, your income may be a few grand shy, but you are showing yourself to be a saver who has money in the bank, and a responsible homeowner who is building equity for the future. I'm guessing you have a steady job too...another plus in your favor. You are also a father who provides for his children. I believe these are some of the things which will win over the consular officer.

I particularly like your idea of attempting to submit both an I-134 and an I-864 from your joint sponsor. I realize it's not standard operating procedure, but it worked in Manila last year for a friend of mine, and I have seen it work more than once here on VJ.

Regardless of whether the CO accepts your home equity as a liquid asset, I believe it's important to include it in your case because it helps paint the picture of you that you want the CO to see. And yes, include the letter from your bank from January or February, and a year's worth of bank statements. Maybe the only things I wouldn't include is your boss' cash bond offer and the quit claim idea. I don't think you will need them anyway.

In the three years I've been following Visa Journey, I've seen many cases approved by Manila which were not nearly as strong as yours. Other than building the best financial case you can, my best advice would be for you to attend the interview in order to have the chance to make your case, and to show the CO that you care about this important event in your life. I have seen here on VJ that the petitioner's personal appeal to a CO in Manila can make the difference. I don't think your fiancée will become a public charge in the U.S. and I don't think the CO will think so either.

You can do this.

Thank you so much.. Very Encouraging and yep! i wil try to be there on her interview.. maybe i'll get one week vacation and accompany her on her interview. I also dont want to have the quitclaim deed as this also establishes the solid realtionship bet ween me and my BOSS. Who would want to co sign a condo for you if that somebody doesnt trust you and if that somebody is not close to you.

I will take out the cash bond thing then on her sworn statement..

Thank you so much and I will keep on trying my best.

Any inputs on additional ways to get through this would be greatly appreciated... Approved, 221G or denied, I will come back here and share my experience, this has been a very tough one for us but I know we can do it. LOVE CONQUERS ALL!

[InHisTime 110]

Thank you so much.. Very Encouraging and yep! i wil try to be there on her interview.. maybe i'll get one week vacation and accompany her on her interview. I also dont want to have the quitclaim deed as this also establishes the solid realtionship bet ween me and my BOSS. Who would want to co sign a condo for you if that somebody doesnt trust you and if that somebody is not close to you.

I will take out the cash bond thing then on her sworn statement..

Thank you so much and I will keep on trying my best.

Any inputs on additional ways to get through this would be greatly appreciated... Approved, 221G or denied, I will come back here and share my experience, this has been a very tough one for us but I know we can do it. LOVE CONQUERS ALL!

Hello Sir ! I have read all your posts and some great replies from our VJs. I do believe that you are doing your best as you can. Keep going-- and leave the rest to God. I'm sure -- your Fiancee would get her visa approved. If there is a will, there's a way Trust God, He will make it happen !

Tahoma gave you a wonderful and very encouraging advice. I will keep you in my prayers that your Fiancee would have a nice consul during interview. Nothing is impossible with God !

[favored 31]

have u tried asking this trusted boss for a raise? he's willing to do and sign other financial actions, why wld 3K be harder? if he gives raise, then u can take ur dec, jan, feb weekly pay stubs along with tax return to interview.. gdluck

[bigdog 377]

Best of Luck to you.

[merkin&regine 18]

Hello Sir ! I have read all your posts and some great replies from our VJs. I do believe that you are doing your best as you can. Keep going-- and leave the rest to God. I'm sure -- your Fiancee would get her visa approved. If there is a will, there's a way Trust God, He will make it happen !

Tahoma gave you a wonderful and very encouraging advice. I will keep you in my prayers that your Fiancee would have a nice consul during interview. Nothing is impossible with God !

Thank you.. I really feel that I have everything in place though... Thanks for your prayers and I will keep on paying too and will keep on fightting

[merkin&regine 18]

have u tried asking this trusted boss for a raise? he's willing to do and sign other financial actions, why wld 3K be harder? if he gives raise, then u can take ur dec, jan, feb weekly pay stubs along with tax return to interview.. gdluck

I work for an agency that's why.. and the agency sends us to my boss to work for her, so its the agency who can give me the raise and not my boss.. I do have some cash income though... maybe I can add that to my income in 2011... and for sure this would make me meet the 125% guideline... I will just pay whatever taxes is owed. I will talk to my tax preparer on this when i get my W2's and 1099...

Thanks for the advise

Best of Luck to you.

Thanks.. :thumbs:

[PaulnUsa 19]

To all VJers,

I am confused on how to compute my Household size... I am divorced, and I dont have physical custody on my 2 sons but I pay child support for them and I have my kids on weekends. I also did sign an I-864 for my mom last mid 2009 and for my dad on early 2010. So with my fiance, I assume my Household size will be 6.. which i need $43,112 for 125% in Hawaii based on 2011. poverty guideline.

But since my mom and dad went back home already and has been in the Philippines for more than a year, and Just last week, I have them go to the US Embassy in Manila and have them surrendered thier green card and filed I-407 Abandonement of Lawful Permanent Resident Status. So would this mean that my new household size is 4 now? less my mom and dad since they have left US and have surrendered their green card last week? If so, my new income needed based on 2011 Poverty guideline for Hawaii at 125% is $32,137 right?

Here's what i'm doing, I wanted to use my 2011 tax return, so this is the reason why i scheduled my fiance's interview on Feb 29, 2011 as I'm sure my tax return will be done before then, and my estimated income will be $29,000 from my tax return and would declare the condo that we just purchased with the help of my Boss, so the condo is on Joint Tenancy. The 2011 state's assesment on the COndo is $157,000 but we purchased it last Oct 2011 for $149,000. The amount owed is around $110,000. Which value do i use for the form? I can also use my bank account as I have about $10,000.. so how many months of bank statements do I need to send with my affidavit of Support? With what i have right now, I'm sure i can meet the poverty guidelines right? Pls correct me if I'm wrong.

Now... my worry is... what if the consul will still count my mom and dad on the Household size? I will be in big trouble as even with my assets, It can't reach the household of 6 which is $43,112.... I hope this wont happen but if it does, Here's my contingencies:

I already asked my BOSS to co sponsor with me on I-134, now.. I know that Philippines consulate is very strict on co-sponsor for fiance I will also ask her to sign an I-864 as a co-sponsor too, just in case they will ask for it instead. I also have her signed and notarized sworn statment that she will co-sponsor on our AOS if needed. <--- is this OK?

On the sworn statement, it also states the relationship between me and my BOSS(co-sponsor), How long we've know each other, that I am like a son to her and that she helped us buy a condo for the future dwelling of me and my fiance. <---- Is this OK?

I miss my fiance so much and we both are so inlove with each other, I just want to be sure that she gets her vias without RFE's

Thank you so much and any input will be greatly appreicated and I'm sorry for the long narration

I think you have a complex case with your parents being the issue. Your pay is very close to the line, and from my understanding they do not really let you count the house you are living in as assets to offset your living expenses they are looking for a second home and second car not the ones you are currently using. If you have a boss who is willing to sign an I-134 or I-186 I would say you have a great boss. I think best thing is if your boss would let you have some time off and you go to the interview with her so you can explain the case with your parents. I think with you there being able to explain it you will have no problem. But if your not there and she gets the wrong CO I think they will deny her.

[merkin&regine 18]

I think you have a complex case with your parents being the issue. Your pay is very close to the line, and from my understanding they do not really let you count the house you are living in as assets to offset your living expenses they are looking for a second home and second car not the ones you are currently using. If you have a boss who is willing to sign an I-134 or I-186 I would say you have a great boss. I think best thing is if your boss would let you have some time off and you go to the interview with her so you can explain the case with your parents. I think with you there being able to explain it you will have no problem. But if your not there and she gets the wrong CO I think they will deny her.

Hi.. Thank you for your response and yep.. I am planning to go to my fiance's intrview but with regards to my parents... I think i'm good with that as they already have abandoned thier green card and filed I-407 and have copies of it... here's the reference of why i can take them out of my support... this is a quote from page 3 of the I-864 instructions:

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

Thanks..

[Tahoma 2,292]

I do have some cash income though... maybe I can add that to my income in 2011... and for sure this would make me meet the 125% guideline... I will just pay whatever taxes is owed. I will talk to my tax preparer on this when i get my W2's and 1099...

^^^ Another great idea.