Co-sponsor Debt and the I-134

[MLG 0]

Hi Everyone. I have an odd situation and I'm hoping someone can help. I'm going through the K-1 process even though my fiancee and I live together in China (I'm the petitioner, I know I should be doing a DCF but or something else but that's a long story).

I've been making $30,000 a year here in China for the last 3 years, meaning that I clear the poverty line on the I-134 pretty easily and have no debt, except of course, when (I hope) we get the visa and go to the US, I will be out of work. Fist question:

1. Is this going to count against us (I'm thinking it will)? Am I right in assuming that my earning potential and the fact that I've had a good salary in China will mean nothing to Powers that Be since I'll be losing this job on arrival in America?

I've got a co-sponsor. My mother makes about $96,000 a year, has a house (where my fiancee and I will be living) with $300,000 of equity in it. Problem is, she's got about $30,000 in debt and the mortgage still has about $100,000 left on it.

Next question:

2. Despite the debt, seems like my mother can beat the 125% above the poverty line but do I still have anything to worry about? I mean, do you have to beat it by a certain margin before you can be considered to have a "lock" on meeting the financial critera for (co)sponsorship?

[YuAndDan 153]

They don't look at debt when reviewing the I-134 form only income, nowhere on that for dose it ask for debts.

Also if income is more than the poverty line by 125% then assets do not need to be counted. When it comes to this form all that is needed it to show that enough income is available to support the beneficiary, assets come into play only when income is less than the 125% poverty line. This is a case of not giving them too much information, the more you give them the more questions that they can ask and the more documentation that is needed to be provided, like deed, property value assessments.

Two things you need to be aware of.

You need to show that you maintained domicile in the states. (Have you kept your home address at parent's home?)

You are required by law to file returns with the IRS even if living outside of the country, If you have not, you need to file back returns. They will ask you for IRS returns with your Affidavit of support.

You can get IRS transcripts for free.

You may want to look at the guides:

http://www.visajourney.com/forums/index.ph...mp;page=support

Edited November 16, 2006 by YuAndDan

[sealedkiss 1]

I recommend you read posts by VJ member STL_HCMC and/or PM him. He also worked overseas in his fiancee's home country while doing the whole K1 process. He was successful in bringing his fiancee to the US. His mother was also the co-sponsor of their application. My feeling is, even though you're going to be out of work once you move back to America, if the CO decides that you have a good earning potential (e.g. you have a college degree in a field of high-demand), then you have a good chance.

sealedkiss

[heathius 0]

I am in a similar situation.

The only way that you can be the sponsor for the I-134 is if you can secure a job ahead of time in the US. Ahead of time, meaning before you need to have all of your packet 3 stuff completed. If you can secure a job in the US before then, simply have your US company write an employment letter stating the details of the job. Then provide that letter along with all of the other evidence from your China job (pay stubs, employment letter, tax return). That will show that you had qualifying employment in China, and that you will have acceptable income once you go to the US.

I think that you will be fine with your mother as the co-sponsor. The main thing that they are looking for is the income. As long as she has steady income that is easily over the poverty level, the rest of the details don't matter much. Even if she has some debt, her salary more than makes up for it.

Edited November 16, 2006 by heathius

[heathius 0]

BTW, be happy that your fiancee is Chinese. Living in China with a foreign fiancee (like our situation) is a total nightmare. Getting paperwork from China (police certificates, employment letters, etc) is a battle of galactic proportions. Stretching guanxi to it's max!

Edited November 16, 2006 by heathius

[MLG 0]

BTW, be happy that your fiancee is Chinese. Living in China with a foreign fiancee (like our situation) is a total nightmare. Getting paperwork from China (police certificates, employment letters, etc) is a battle of galactic proportions. Stretching guanxi to it's max!

You got that right! The Chinese government customer service hasn't really changed much since the Qin Dynasty. They make the US gov. seem positively fluffy/friendly by comparison.

And thanks YuandDan, Sealedkiss. Good advice and you've put my mind at ease.

[Yodrak 7]

MLG,

1. The bird needs to be in the hand, birds that have flown south for the winter and birds in the bush do not count.

2. Your mother looks like a good bet, but recognize that because I-134 is not enforceable there is more to it that just meeting the financial requirement (ask the people dealing with the consular section in Manila).

Yodrak

Hi Everyone. I have an odd situation and I'm hoping someone can help. I'm going through the K-1 process even though my fiancee and I live together in China (I'm the petitioner, I know I should be doing a DCF but or something else but that's a long story).

I've been making $30,000 a year here in China for the last 3 years, meaning that I clear the poverty line on the I-134 pretty easily and have no debt, except of course, when (I hope) we get the visa and go to the US, I will be out of work. Fist question:

1. Is this going to count against us (I'm thinking it will)? Am I right in assuming that my earning potential and the fact that I've had a good salary in China will mean nothing to Powers that Be since I'll be losing this job on arrival in America?

I've got a co-sponsor. My mother makes about $96,000 a year, has a house (where my fiancee and I will be living) with $300,000 of equity in it. Problem is, she's got about $30,000 in debt and the mortgage still has about $100,000 left on it.

Next question:

2. Despite the debt, seems like my mother can beat the 125% above the poverty line but do I still have anything to worry about? I mean, do you have to beat it by a certain margin before you can be considered to have a "lock" on meeting the financial critera for (co)sponsorship?

YuAndDan,

I know what you're thinking and the point you wish to make is valid, but yes there is a place on the form that asks about debts. Mortgages and other encubrances on real estate reduce the owner's equity in the asset, and this information is asked for.

It's only debt not associated with claimed real estate that is of no importance and not asked for.

Yodrak

They don't look at debt when reviewing the I-134 form only income, nowhere on that for dose it ask for debts.

.....

Edited November 16, 2006 by Yodrak