I-134 – Self Sustained Income?

[ooxy 0]

Hi all,

Just a quick question. My US Fiancee is currently at University, and her education, accommodation, etc is paid for by various organisations in full as she is ex-military, and as such doesn't have a job as it's not required so she can focus on her studies.

This raises questions when it comes to the I-134.

I currently earn about $25,000 a year off of a second job I have here in Australia. The thing is, this job can be continued while overseas as I am self employed and all the work can be done over the Internet or through mail.

Additionally, I have about $5,000 in savings.

Since this would be nearly double the poverty line for both of us, and can sustain an income in the US before getting a job, and accommodation is already paid for, would this most likely fulfill the requirements that I won't be a Public Charge?

Also, if this won't work, does the Sydney consulate like to accept co-sponsors? I'm quite sure her parents can do it, even though they won't be paying anything.

Thanks!

[Rachel_Keleigh 2]

Oh! Same question! I work but don't make enough to qualify but my Australian fiancé has enough assets in $ to provide well over that when he gets here for some time. I'm interested to know if I have to file one if he can prove his assets that will be transferred? I hope someone knows this for us

[VanessaTony 3,567]

Well, honestly you may have trouble having your employment recognized because a K1 cannot legally work. Some say that as long as you aren't taking an American job that the employment can still count.. but honestly I don't know and would suggest a co-sponsor for that reason.

Ignoring the I-134, she WILL need to prove income for the I-864 when you're here to file AOS. You won't be able to work and I can pretty much guarantee your overseas/internet job will not count at that point because I've seen people get RFE'd for proof of how they're legally able to work (because as a K1 you're not supposed to work without a permit)...

Her debts are irrelevant. That is to say, her lack of needing to pay rent is irrelevant. They don't ask about your outgoings/expenditure... which is good for some people who have a lot of student loan debt and debt in general.

As for assets, you will need THREE times the poverty level for your household size to use assets alone. If you were helping with assets you would have to prove where the assets came from (especially if new) to make sure someone didn't just loan you the money so you looked like you had enough.

So in my humble opinion, no I don't think your internet job will help (especially if you have to work for it, as opposed to it just being, say for example, trust income). I would find a co-sponsor. It can be a friend or family member but has to be an LPR or USC.

[VanessaTony 3,567]

Oh! Same question! I work but don't make enough to qualify but my Australian fiancé has enough assets in $ to provide well over that when he gets here for some time. I'm interested to know if I have to file one if he can prove his assets that will be transferred? I hope someone knows this for us

To use assets, you need THREE times the 125% of the poverty line in assets for your household size. So assuming just the 2 of you, $19K x 3 = $57K in assets. If he has that, GREAT! He'll have to show the "history" of the money. So whether it's from the sale of a house, or just gradual savings (so I'd show annual bank account statements a couple of years back showing the growth.

If you were using a co-sponsor and the co-sponsor was using assets to qualify, then they'd need FIVE times the 125% poverty line their household size (including the immigrant).

[Rachel_Keleigh 2]

Thank you for the reply! We actually JUST got the e-ail shortly after I posted/responded. They made an interview date for us without it with just his bank statements but asked for a I 134 anyways. I am okay because I work and on top of our assets and he has enough to cover it on his own. I think they just have to have a backup plan. Woot! Getting there!

PS

Sorry for hi-jacking I hoped it helped you question a bit as well!