Affidavit of Support. Please, help!

[acuratlsd 11]

Yeah, at first it was a little wrong but I got it from the I-864A instructions page which this is what it claims....

Who May Be Considered a "HouseholdMember" for Purposes of This Form?

A relative who has the same principal residence as thesponsor and is related to the sponsor as a spouse, adultchild, parent, or sibling;

A relative or other person whom the sponsor has lawfullyclaimed as a dependent on the sponsor's most recent Federalincome tax return even if that person does not live at thesame residence as the sponsor;

The intending immigrant, in certain circumstances. (See"How Can the Intending Immigrant Be Considered aHousehold Member"?)

Doesn't have to be on someone else's taxes as a dependent to be considered eligible to submit a I-864A?

This might be important to read:

http://www.cyrusmehta.com/related/Form%20I%20864A1.pdf

[acuratlsd 11]

Wow!!! A lot of bad info here at the begining of the thread. Anybody can be a co-sponsor and they would need to fill up the I-134 , not the other since its a K-1 visa.

She asked also if the fact that her fiance owes money. Probably not.

She asked if he needs to file his taxes for the past few years. Probably not, if he has a co-sponsor who qualifies to be a co-sponsor. BUT they might ask all these questions at the interview and its not going to look good if he didn't file his taxes the past few years. It's illegal not to file if you owe money. A lot of people dont know that. But the IRS can actually file criminal charges on you and you can do jail time for not filing your income tax if you owe money. Ask actor Wesley Snipes or Willy Nelson if you dont believe me. LOL

Or even MC Hammer, "You can touch this!" haha

[cruiseweight 0]

ThrilaInManila, thanks for pointing the most important questions for me. I really got confused with co-sponsor's stuff. If it's not necessary to pay off all the money he owes before interview - that's a great news! Thank you!

[Thrilla In Manila 1]

Yeah MC Hammer LOL but I think his situation was different. Snipes and nelson simply refused to file a tax return, challenging the US Government if they actually have the power to compel people to file. They learned the hard way. MC Hammer just owed tons of cash but spent it all on everything but his bills and taxes lol. With him I think the IRS just put a lien on his life and took everything he owned, sold it off and kept what money he owed them.

[Thrilla In Manila 1]

ThrilaInManila, thanks for pointing the most important questions for me. I really got confused with co-sponsor's stuff. If it's not necessary to pay off all the money he owes before interview - that's a great news! Thank you!

Tell him to file for Bankruptcy protection. It will wipe out what he owes, wipe out the court liens and help him settle the IRS tax situation. Chapter 7 or 13

Edited February 6, 2012 by ThrilaInManila

[cruiseweight 0]

This is not accurate.

A co-sponsor can be ANY USC or LPR. They do not have to be family or live in the same house. Also, you are giving out instructions for the I-864A. That form can be used later when filing for AOS, if you in fact want a relative that resides with you to combine their income with yours to meet the 125% requirement when filing the I-864. Even when using the I-864, a co-sponsor is not required to be related or live with you. A co-sponsor can simply fill out their own separate I-864 instead of the I-864A. However, this did not pertain to the OP's question. For a K-1 visa, the I-134 is used.

to the OP> Your fiance will need to fill out an I-134 and the co-sponsor will have to fill out their own I-134. The co-sponsor will need to make enough to cover themselves, spouse, children, any other dependents they have plus you, the intending immigrant. They both need to provide the most recent tax transcript, a letter from their employer stating position and salary plus a few months worth of their most recent pay stubs. The co-sponsor also needs to provide proof of being a USC or LPR.

If your fiance was required to file taxes and did not, then yes, he needs to file for those past years. They do not check your debts or credit scores though. The I-134 is approved or denied based on gross income and/or assets(if being used to meet the 125% poverty level).

Thank you! That was helpful!

[cruiseweight 0]

Tell him to file for Bankruptcy protection. It will wipe out what he owes, wipe out the court liens and help him settle the IRS tax situation. Chapter 7 or 13

Where I can find detailed info about Bankruptcy protection and how to file for it? sorry if asking obvious things

[Thrilla In Manila 1]

Where I can find detailed info about Bankruptcy protection and how to file for it? sorry if asking obvious things

look in newspaper or phone book under bankruptcy attorneys. They are everywhere here now advertising. Millions of people are filing every week because of the bad economy

[cruiseweight 0]

Yeah, at first it was a little wrong but I got it from the I-864A instructions page which this is what it claims....

Who May Be Considered a "HouseholdMember" for Purposes of This Form?

A relative who has the same principal residence as thesponsor and is related to the sponsor as a spouse, adultchild, parent, or sibling;

A relative or other person whom the sponsor has lawfullyclaimed as a dependent on the sponsor's most recent Federalincome tax return even if that person does not live at thesame residence as the sponsor;

The intending immigrant, in certain circumstances. (See"How Can the Intending Immigrant Be Considered aHousehold Member"?)

Doesn't have to be on someone else's taxes as a dependent to be considered eligible to submit a I-864A?

This might be important to read:

http://www.cyrusmehta.com/related/Form%20I%20864A1.pdf

Thanks, but it has been expired in 2006.

For those who will need the latest one: http://www.uscis.gov/files/form/i-864ainstr.pdf

Anyways, thank you for advice!

[KayDeeCee 4,893]

Yeah, at first it was a little wrong but I got it from the I-864A instructions page which this is what it claims....

Who May Be Considered a "HouseholdMember" for Purposes of This Form?

A relative who has the same principal residence as thesponsor and is related to the sponsor as a spouse, adultchild, parent, or sibling;

A relative or other person whom the sponsor has lawfullyclaimed as a dependent on the sponsor's most recent Federalincome tax return even if that person does not live at thesame residence as the sponsor;

The intending immigrant, in certain circumstances. (See"How Can the Intending Immigrant Be Considered aHousehold Member"?)

Doesn't have to be on someone else's taxes as a dependent to be considered eligible to submit a I-864A?

This might be important to read:

http://www.cyrusmehta.com/related/Form%20I%20864A1.pdf

Those are indeed the instructions for an I-864A. I believe you are confused about when and why to use that particular form though. I have read the instructions for the I-864A previously. Another important thing to read would be the instructions for the I-864: http://www.uscis.gov/files/form/i-864instr.pdf

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What Is a Joint Sponsor?

If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

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If you are married and filing for a spousal visa, filing for AOS, or are having your interview at a consulate that will accept the I-864 for a K-1, then you could worry about whether or not to use the I-864A. A co-sponsor does not HAVE to live with you or be related to you. They do not HAVE to use an I-864A. A co-sponsor can simply use the I-864. A co-sponsor can CHOOSE to use the I-864A IF they reside with the petitioner, are a relative or a dependent of the petitioner. The I-864A allows someone that lives in the same house as the petitioner to use their own income to be combined with the petitioner's(primary sponsor) on their I-864 in order to reach the 125% poverty level. If the co-sponsor does not live with them, or qualifies on their own easily, then they can just use the I-864 as there is no need to combine incomes with the petitioner. It can also be used, if for example, the co-sponsor is married and they want to combine their incomes together to co-sponsor jointly. In which case the petitioner would fill out their I-864, the co-sponsor would fill out their own separate I-864 and their spouse would fill out an I-864A to combine their income with their spouse in order to meet the 125% mark.

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Not all consulates follow the same requirements, and it is important to know what is required for the consulate you will have your interview at. If that is what they ask from you in Manila, so be it...BUT, most consulates use the I-134 for the K-1, so the I-864 or I-864A do not even apply.

Telling people the co-sponsor for a K-1 affidavit of support MUST live in the home with them and be a relative or dependent on their taxes to qualify, and on top of that need to use the I-864A is misinforming, confusing to their situation, and as I stated, not accurate.

[merkin&regine 18]

Those are indeed the instructions for an I-864A. I believe you are confused about when and why to use that particular form though. I have read the instructions for the I-864A previously. Another important thing to read would be the instructions for the I-864: http://www.uscis.gov/files/form/i-864instr.pdf

-------------------------------------------------------

What Is a Joint Sponsor?

If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

-------------------------------------------------------

If you are married and filing for a spousal visa, filing for AOS, or are having your interview at a consulate that will accept the I-864 for a K-1, then you could worry about whether or not to use the I-864A. A co-sponsor does not HAVE to live with you or be related to you. They do not HAVE to use an I-864A. A co-sponsor can simply use the I-864. A co-sponsor can CHOOSE to use the I-864A IF they reside with the petitioner, are a relative or a dependent of the petitioner. The I-864A allows someone that lives in the same house as the petitioner to use their own income to be combined with the petitioner's(primary sponsor) on their I-864 in order to reach the 125% poverty level. If the co-sponsor does not live with them, or qualifies on their own easily, then they can just use the I-864 as there is no need to combine incomes with the petitioner. It can also be used, if for example, the co-sponsor is married and they want to combine their incomes together to co-sponsor jointly. In which case the petitioner would fill out their I-864, the co-sponsor would fill out their own separate I-864 and their spouse would fill out an I-864A to combine their income with their spouse in order to meet the 125% mark.

---

Not all consulates follow the same requirements, and it is important to know what is required for the consulate you will have your interview at. If that is what they ask from you in Manila, so be it...BUT, most consulates use the I-134 for the K-1, so the I-864 or I-864A do not even apply.

Telling people the co-sponsor for a K-1 affidavit of support MUST live in the home with them and be a relative or dependent on their taxes to qualify, and on top of that need to use the I-864A is misinforming, confusing to their situation, and as I stated, not accurate.

:thumbs: This is true... First! Don't use I-864 for Fiance... just I-134, If co sponsor is requested and the embasy preferred form I-864 instead of I-134 as they said I-134 is not legally bnding as opposed to I-864; Then both the petitioner and Co=sponsor will need to fill up and sign form I-864. I-864A is only used if you want to combine income to meet the poverty guideline.. BUT! the I-864A Signee should be living with you...

I hope this helps.. :_

Edited February 6, 2012 by merkin78

[acuratlsd 11]

Wow! Got to appreciate the US Government for making everything so damn complicated.

What ever happen to Boy Meet Girl, Boy Marry Girl, Girl spends all Guy's money.