Pending 129f for K1, preparing for Greencard I-864

[pat7755 2]

Here is my situation. I am the USC, My 129f for K1 fiance visa was just delivered and Im awaiting NOA1. Anyway I am making sure I am prepared for later stages- interview and then greencard application. My concern is with the I-864. I do need a cosponsor for the I-134 because I can only show I made around 14,000 on my tax return for 2013. I have asked my father to cosign and he is going to talk to his lawyer. I think he will agree to do it for the I-134 because as I understand it is only temporary until we fill out the I-864, as well as the fact that everyone points to the fact that it is not legally binding. However I am worried about the I-864. When my fiancee arrives we will be living with my parents for around a year (actually my father and his second wife) to save money until we can afford a downpayment on a home for ourselves. I am currently working a part time job at a moving company only making a couple hundred dollars a week. This is because I am doing an unpaid internship two days out of the week. The unpaid internship ends April 10th. At this time I hope to be offered a good paying position with the company I am interning. However, even if I am not I can work at the moving company full time and bring home $500+ a week easily. If you extrapolate that for a year it is over $20,000. 125% of the federal poverty level for 2 people is around $19500. Is current income what they want to see on the I-864 and would paystubs and a letter of employment be enouph?

The reason being I have only filed taxes for 2013 in which I said I made only around $14,000. 2013 was the first year for which I filed taxes because I was either a college student before (2008-2012) or didnt make enouph money. Also, would my household size be 2 me and my fiance or would I have to include my father, his second wife, my brother, and my grandma who we are going to live with?

If I have to include them I don't see how I would make enouph.

Also, is there anyway to supplement my income with assets? I have about $7,000 in the bank and also expect several thousand dollars in gifts once we get married. I want to try and do this without a cosponsor if possible. Would my $7,000 in the bank and my $14,000 from last year be enouph for the I-134?

Also is there anyway to alleviate the concern of my father as a cosponsor such as having my fiance sign a document stating she will not go on welfare or sue my father for support? I know the sponsor is responsible but if anything ever did happen, and I trust my fiance enouph so that I am not worried, but in case it did I would want to be responsible and I would not want my father to suffer any burden.

Is there anyway my fiancee can work when she gets here and we combine both our incomes for the I-864? I know we have to wait about 2 months for a EAD but by this time our application for the greencard would have already been sent in. I guess im asking if there is a way to delay sending in the greencard application so she can work and we can combine incomes to meet the minimum or does it have to be done within the 90 day window that we are supposed to be married for the k1?

Thank you.

Edited February 25, 2014 by pat7755

[Zedayn 485]

You can use the money you have in savings to help with your shortfall in income, however $7000 will not help much at all. Assets will be considered at 1/3 the value, so you will need 3 times the assets. Your $7000 will only increase your income about $2300. You will still be short for the I-134 as your income plus assets will be about $16,300...still short by a good $3000. You will need $16,500 in assets (considering your $14,000 income) for your income and assets alone to be ok for the I-134.

Your fiancé cannot sign anything saying she will not go on welfare or sue or whatever, because the I-864 will always take precedence.

Your fiancé's future income can not be used for the I-864. Future income is non-existent.

Your fiancé can only work legally with work authorization. There are 2 ways to get work authorization: one is as a K-1 visa holder, the other is as an AOS applicant. Your fiancé can apply for employment authorization (EAD) before filing for adjustment of status (AOS), however she will have to pay a fee of $380 and the work authorization is valid until the expiration in her I-94. Basically by the time she gets it, she *might* be allowed to work for 2 weeks. The other way to apply for EAD, is after you already file for adjustment of status. The fee to file is then free, and her EAD will be valid for one year.

You can delay sending in the AOS application, however your fiancé will be out of status after the expiration in her I-94, and she will not be eligible to work.

[pat7755 2]

Is current income what they want to see on the I-864 and would a few paystubs and a letter of employment stating I work full time 40 hours a week @$15 an hour making $600 a week be enouph since I only have 1 year of tax returns (2013 @ $14,000)? Also is my household size only who I am responsible for financially (2, me and my fiancee) or since I live with my father, his second wife, my brother, and grandmother do I have to include them?

[Zedayn 485]

Current income is more important than past income. You should be able to demonstrate your current income by an employment letter and a few paystubs. You are required to submit your most recent tax return, as well as provide gross income amounts from the last 3 years. If you were not required to file, then you will need a statement of why you were not required to file taxes.

Household size does not mean the number of people in the same house. Household size is the number of people you are responsible for supporting...in your case just you and your fiancé.