Just Starting K1

[Inloveinmi 0]

Hi,

Going to propose to my USC girlfriend soon, but have a few questions that I can't find answers to. Hope someone can help.

1. Girlfriends income doesn't meet poverty standards for Affidavit of Support, can I use my RRSP account as an asset to meet it? I know I will need 5X the difference.

2. If so can I keep it in the account, not have to withdraw it?

3. Would any personal debt I have be counted against me?

4. Have a TN visa, so I worked part of last year and part of this year in the US. Not currently working now, I'm currently in Canada, but have a letter stating they will continue to employ me if we do marry. Can I use this income on my W2's towards the Affidavit of Support?

Any help is appreciated.

[Inloveinmi 0]

Bump

[djv-tco 29]

Hi,

Going to propose to my USC girlfriend soon, but have a few questions that I can't find answers to. Hope someone can help.

1. Girlfriends income doesn't meet poverty standards for Affidavit of Support, can I use my RRSP account as an asset to meet it? I know I will need 5X the difference.

2. If so can I keep it in the account, not have to withdraw it?

3. Would any personal debt I have be counted against me?

4. Have a TN visa, so I worked part of last year and part of this year in the US. Not currently working now, I'm currently in Canada, but have a letter stating they will continue to employ me if we do marry. Can I use this income on my W2's towards the Affidavit of Support?

Any help is appreciated.

Based on your question, I understand that you are the beneficiary and your girlfriend is the US petitioner. Unfortunately, your income/assets cannot be counted towards the Affidavit of Support; only the income or financial resources of the sponsor (your girlfriend) OR a co-sponsor. This pretty much answers your questions 1-4.

Here is a good VJ resource on Affidavit of Support.

And the link to Form I-134 Instructions.

Good luck, OP!

[Inloveinmi 0]

Actually if you read the first link it says my assets CAN be used if they can easily converted into cash. And that my income can be used if I have lived with her for six months.

Now wondering if these 6 months have to be consecutive, as I have lived with her off and on since early this year, while working in the US and while visiting.

We rent a house together

[djv-tco 29]

Actually if you read the first link it says my assets CAN be used if they can easily converted into cash. And that my income can be used if I have lived with her for six months.

Now wondering if these 6 months have to be consecutive, as I have lived with her off and on since early this year, while working in the US and while visiting.

We rent a house together

You are asking about the K-1 process, are you not? Because for the K-1 Fiancé(e) only Form I-134 Affidavit of Support is applicable. In my original reply, click the Form I-134 Instructions. You will see the list of acceptable supporting evidence the sponsor must show. In your situation, all financial resources, tax documentations, etc. must be under your girlfriend's name OR a co-sponsor, if you go that route.

You may be able to use your assets if you can liquidate them and legally transfer to your girlfriend's name. This situation may require FINTRAC reporting, see http://www.fintrac-canafe.gc.ca/reporting-declaration/Info/rptLCTR-eng.asp.

The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been

living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note

that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S.

on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.)

Form I-864 is required in the Adjustment of Status stage. That is, after an alien has entered the US under a K-1 visa and married their fiancé(e) within 90 days of arrival.

[Inloveinmi 0]

Yup your right my bad, was looking at I-864 for CR-1 Visa.

[SparklePony 238]

From what I know, the beneficiary's income can be used if they have a way to prove it's ongoing income. I know I came across this when researching child support, but I can't find the links right now. However, I do not think that an employer's promise of work will count, as there's no ongoing income yet.

[EndlessStory 53]

From what I know, the beneficiary's income can be used if they have a way to prove it's ongoing income. I know I came across this when researching child support, but I can't find the links right now. However, I do not think that an employer's promise of work will count, as there's no ongoing income yet.

From what I read, only certain consulate allow that. e.g. London.

London consulate do allow beneficiary to be self sponsored.