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Filed: K-1 Visa Country: Canada
Timeline
Posted

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.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

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!

ROC
18-Jul-2016: I-751 mailed via USPS
21-Jul-2016: Received at California Lockbox
21-Jul-2016: I-797 Notice of Action
25-Jul-2016: Cheque cashed
DONE with AOS! Journey took 241 days from US entry to the day I received my Green Card. goofy.gif
AOS
27-Feb-2014: US Entry
28-Feb-2014: Married
28-Feb-2014: I-485, I-765, I-131 sent via UPS
03-Mar-2014: Applied for SSN
07-Mar-2014: UPS package received by USCIS
11-Mar-2014: Received SSN
11-Mar-2014: NOA1 for AOS, EAD, AP
12-Mar-2014: Cheque cashed
20-Mar-2014: Biometrics appointment (04-Apr) letter received
21-Mar-2014: Successful early walk-in for biometrics
21-Apr-2014: EAD & AP approved (email & text)
24-Apr-2014: Email notice received re: combo card mailed to my address
28-Apr-2014: EAD/AP combo card received
17-Oct-2014: Green card approved
25-Oct-2014: Green card received

Filed: K-1 Visa Country: Canada
Timeline
Posted

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

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

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.

check.gif 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.

ROC
18-Jul-2016: I-751 mailed via USPS
21-Jul-2016: Received at California Lockbox
21-Jul-2016: I-797 Notice of Action
25-Jul-2016: Cheque cashed
DONE with AOS! Journey took 241 days from US entry to the day I received my Green Card. goofy.gif
AOS
27-Feb-2014: US Entry
28-Feb-2014: Married
28-Feb-2014: I-485, I-765, I-131 sent via UPS
03-Mar-2014: Applied for SSN
07-Mar-2014: UPS package received by USCIS
11-Mar-2014: Received SSN
11-Mar-2014: NOA1 for AOS, EAD, AP
12-Mar-2014: Cheque cashed
20-Mar-2014: Biometrics appointment (04-Apr) letter received
21-Mar-2014: Successful early walk-in for biometrics
21-Apr-2014: EAD & AP approved (email & text)
24-Apr-2014: Email notice received re: combo card mailed to my address
28-Apr-2014: EAD/AP combo card received
17-Oct-2014: Green card approved
25-Oct-2014: Green card received

Filed: Citizen (apr) Country: Portugal
Timeline
Posted

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.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Posted

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.

-I am the Beneficiary-
event.png

K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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