I-864 Question

[TexHerts 0]

I know this may sound a silly question, but if my fiance earns beneath the 125 % poverty requirement and has no relatives that are able to sponsor, will this have a bearing on our case?

Will they take into consideration any money that I am going to be depositing into her account over the coming months as a supplement?

We are early on this as we have not yet started the process but would like to know what options we are going to have to face - please can anyone who knows about this give us both some pointers?

Regards

Mark

[YuAndDan 153]

Since you posted this to K-1 forum and you say fiance I will assume you are filing for a K-1 visa. You may want to update your profile to show K-1 under your name as "Filed For:", "N/A" keeps many guessing.

Firstly the I-864 is used at Adjustment of Status after you enter the USA and get married.

At this point you are concerned with I-134 used for the Visa interview.

You may want to read through the section about "Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law" on the London website.

An applicant for a fiancé(e), Kii or V visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
   
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
   
3. relatives or friends in the U.S. will assure the applicant's support; or
   
4. a combination of the above circumstances (Your assets can be combined with her income to help meet the requirement)
   

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html Edited December 4, 2006 by YuAndDan

[TexHerts 0]

Since you posted this to K-1 forum and you say fiance I will assume you are filing for a K-1 visa. You may want to update your profile to show K-1 under your name as "Filed For:", "N/A" keeps many guessing.

Firstly the I-864 is used at Adjustment of Status after you enter the USA and get married.

At this point you are concerned with I-134 used for the Visa interview.

You may want to read through the section about "Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law" on the London website.

An applicant for a fiancé(e), Kii or V visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
   
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
   
3. relatives or friends in the U.S. will assure the applicant's support; or
   
4. a combination of the above circumstances (Your assets can be combined with her income to help meet the requirement)
   

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Thanks for the information.. We are planning ahead as we are currently working towards the application which we are going to submit in or around March next year.

As I said, we are ahead but we are trying to cross every T and dot every I just to make the process a (little) bit more easier

[Keigwyn 1]

Any money you deposit in her account will be considered to be 'Assets'. This 'used' to be worth 20% (one fifth) of its value in adding to the yearly income of the sponsor so you can get over the 125% line. However, I think this is now divided by 3 in terms of its value (33%). Remember the poverty line is the household size, so for you and your USC partner it will be the poverty figure for a household of two. Assets can also considt of property value etc.

[no name 1]

I know this may sound a silly question, but if my fiance earns beneath the 125 % poverty requirement and has no relatives that are able to sponsor, will this have a bearing on our case?

Will they take into consideration any money that I am going to be depositing into her account over the coming months as a supplement?

We are early on this as we have not yet started the process but would like to know what options we are going to have to face - please can anyone who knows about this give us both some pointers?

Regards

Mark

If you cannot financially provide the minimum 125% - thru assets, income, etc - above poverty you will be denied.

Edited December 4, 2006 by devilette

[motu 5]

Another thought - If you can line up a job quickly (file for EAD immediately after marriage) even a minimum wage job - you can be over the povery line by combining the two incomes. Depends on how bad you feel about working for minimum - many of us didn't have a problem doing that while supporting ourselves and while looking for a more suitable job in our chosen fields. Here in USA (as opposed to many other countries) even a menial job is not considered 'unacceptable' socially, most understand that one has to survive and your ability to do so is far superior to those that won't even try. Good Luck

[rebeccajo 14]

Any money you deposit in her account will be considered to be 'Assets'. This 'used' to be worth 20% (one fifth) of its value in adding to the yearly income of the sponsor so you can get over the 125% line. However, I think this is now divided by 3 in terms of its value (33%). Remember the poverty line is the household size, so for you and your USC partner it will be the poverty figure for a household of two. Assets can also considt of property value etc.

This isn't quite right. They don't divide what assets you have by 33%.

Here's how it works - by example.

Say for simplicity sake you need 20000 to meet the requirements. The sponsors income is 18000. You have a shortfall of 2000. THE CORRECT REQUIREMENT IS YOU MUST HAVE THREE TIMES THE SHORTFALL IN ASSETS. Thus you would need to show 6000 or more in assets to meet the shortfall.

Anecdotally it probably wouldn't be good to go to the trough with those assets being marginally at the minimum.

And....should you be legally working by the time your AOS is filed, your verifiable income can be counted.