Affidavit of support I-134 help

[Gina_g 0]

Hello everyone,

I have a few questions about the affidavit of support and would greatly appreciate your input. I have a high CN (EU50xxx) but I'd like to prepare (just in case I have a shot at getting a green card by September 30).

My brother (who is a permanent resident) has agreed to fill out an affidavit of support on my and my husband's behalf, though we'll also have $10k in my bank account.

So these are my questions:

1) Besides the I-134 form (filled out and signed by my brother), what other documentation do we need? Do we also need my brother's most recent W2 and 1040 form (taxes)?

2) My brother is vacationing in Romania right now, so he plans on filling out the form there. His wife is still in the US though, but she'll join him in June. Should she notarize the AOS in the US or is my brother's signature on the form sufficient?

3) Since my brother is the one who will fill out the form, should he declare only his income or his wife's too? I'm asking this because I have no idea (yet) if they file taxes as a "household" or separately. If they file taxes separately, then should I simply bring with me to the interview my brother's W2 and 1040 form? If they file taxes as a "household", should I procure my sister-in-law's W2 as well?

4) There is a section where my brother needs to declare his dependents (i.e., people he supports either partially or wholly). He has 2 kids. Since his wife contributes to the household income, should he list her as well? Should he list his kids under "wholly" or "partially"?

5) How do I calculate if my brother's income (combined with his wife's) is enough to support his family (wife, 2 kids) and my husband and me? The total is then 6. What is considered to be the minimum / person annually?

6) If I call USCIS or KCC, will they be able to answer my questions about the AOS?

Thanks so much for your help!

Edited May 14, 2014 by Gina_g

[Britsimon 18]

Hello everyone,

I have a few questions about the affidavit of support and would greatly appreciate your input. I have a high CN (EU50xxx) but I'd like to prepare (just in case I have a shot at getting a green card by September 30).

My brother (who is a permanent resident) has agreed to fill out an affidavit of support on my and my husband's behalf, though we'll also have $10k in my bank account.

So these are my questions:

1) Besides the I-134 form (filled out and signed by my brother), what other documentation do we need? Do we also need my brother's most recent W2 and 1040 form (taxes)?

2) My brother is vacationing in Romania right now, so he plans on filling out the form there. His wife is still in the US though, but she'll join him in June. Should she notarize the AOS in the US or is my brother's signature on the form sufficient?

3) Since my brother is the one who will fill out the form, should he declare only his income or his wife's too? I'm asking this because I have no idea (yet) if they file taxes as a "household" or separately. If they file taxes separately, then should I simply bring with me to the interview my brother's W2 and 1040 form? If they file taxes as a "household", should I procure my sister-in-law's W2 as well?

4) There is a section where my brother needs to declare his dependents (i.e., people he supports either partially or wholly). He has 2 kids. Since his wife contributes to the household income, should he list her as well? Should he list his kids under "wholly" or "partially"?

5) How do I calculate if my brother's income (combined with his wife's) is enough to support his family (wife, 2 kids) and my husband and me? The total is then 6. What is considered to be the minimum / person annually?

6) If I call USCIS or KCC, will they be able to answer my questions about the AOS?

Thanks so much for your help!

1. Yes you need supporting documents (W2/1040/bank statements) (Clear from the instructions)

2. Signature is sufficient. (Clear from the instructions)

3. Depends how close it is. If he earns plenty of money, he doesn't need to show joint income - but showing more (and having more proof) can't hurt.

4. I would list them all (wholly) and then add in the wifes income.

5. http://aspe.hhs.gov/poverty/14poverty.cfm - However, I would suggest making sure it is higher than the level stated and calculate it as a family for four, plus a family of two because 4 adults and two kids is more expensive than 2 adults and 4 kids).

6. They provide the instructions so they will simply refer you to those - http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf

Remember also that your own situation (savings, liklihood to get a job and so on) will factor in to the decision. The I134 is useful to have as a backup, but the CO will make a judgement based on the overall picture and the likely commitment of the sponsor to actually help you. In your case (a blood relative) the I134 will carry good weight - as well the $10k in your bank account. However, the $10k isn't quite enough to stand solely on its own so the I134 backup should complete the picture.

[Gina_g 0]

Thank you, britsimon, for your reply.

Both my husband and I have been living in the US for the past 7 years. I have a PhD from an American university and my husband has a university degree (from Romania) and is very close to earning his MS from an American university. I'm currently employed in the US, though my contract will not be renewed for next year (which is why winning the lottery will be a blessing, if my CN becomes current). We can't show more than $10k because we don't own properties back home. I suppose we could find a way to add more money into my account (here in the US), though I was hoping that the AoS would solve this problem. My brother earns around 70-80k / year and his wife around 45-50k. Their income combined seems to be more than enough, but I'm not sure. I'm also hoping that our specific situation will persuade the CO that we'll not become a public charge.

I'm actually trying to secure an H1b visa, though I may not be able to by the end of the fiscal year (Iwhen my OPT expires). My current employer cannot sponsor me, unfortunately, so I'm on the market for a new job.

I just found the instructions for I-134 and sent them to my brother.

By the way, should my brother submit one AoS for me and one for my husband? The instructions seem to suggest so.

[Britsimon 18]

Thank you, britsimon, for your reply.

Both my husband and I have been living in the US for the past 7 years. I have a PhD from an American university and my husband has a university degree (from Romania) and is very close to earning his MS from an American university. I'm currently employed in the US, though my contract will not be renewed for next year (which is why winning the lottery will be a blessing, if my CN becomes current). We can't show more than $10k because we don't own properties back home. I suppose we could find a way to add more money into my account (here in the US), though I was hoping that the AoS would solve this problem. My brother earns around 70-80k / year and his wife around 45-50k. Their income combined seems to be more than enough, but I'm not sure. I'm also hoping that our specific situation will persuade the CO that we'll not become a public charge.

I'm actually trying to secure an H1b visa, though I may not be able to by the end of the fiscal year (Iwhen my OPT expires). My current employer cannot sponsor me, unfortunately, so I'm on the market for a new job.

I just found the instructions for I-134 and sent them to my brother.

By the way, should my brother submit one AoS for me and one for my husband? The instructions seem to suggest so.

Based on what you are saying you have marketable and well paid skillsets. Based on that you are unlikely to even be questioned very much on your ability to survive, because you have been doing so for the last 7 years and both have good education/job prospects. Further to that, your brother earns more than enough to sponsor you - so that is not an issue.

H1 visas are only given out once a year, so if you haven't already applied for the October 2014 batch, you won't get one until Oct 2015. Some organizations (universities mainly) can get around that and if you have an existing H1-B that was applied to a cap then you can ignore the waiting list.

THe aos is submitted for the main/principal applicant (the selectee).

[Gina_g 0]

britsimon, fortunately, I work in academia, so I know that higher education institutions are exempt from the H1b cap. Thanks again for responding to my inquiries.

[Britsimon 18]

britsimon, fortunately, I work in academia, so I know that higher education institutions are exempt from the H1b cap. Thanks again for responding to my inquiries.

That's good Gina, I suspected you might be exempt.

One other thing you should realize. Your number is very high. You may not get a chance at all, but if you do, you probably won't get current until September. Although you can submit your adjustment of status paperwork early (as I have) you can't have the interview before you are current. So - you are adding extra risk if you decide to adjust status. Your other option would be to do CP (in your home country) but if you wanted to do that you should be switching as soon as possible (assuming you have planned on adjustment of status so far).

[Gina_g 0]

That's good Gina, I suspected you might be exempt.

One other thing you should realize. Your number is very high. You may not get a chance at all, but if you do, you probably won't get current until September. Although you can submit your adjustment of status paperwork early (as I have) you can't have the interview before you are current. So - you are adding extra risk if you decide to adjust status. Your other option would be to do CP (in your home country) but if you wanted to do that you should be switching as soon as possible (assuming you have planned on adjustment of status so far).

Initially, I wanted to go with adjustment of status but after doing some reading on the other forum and discussing the matter with former DV winners, I decided it would be safer to opt for CP. My only consolation is that I'll know by mid July where I stand, so in case the lottery doesn't work out I'll have until the end of September to figure out my next step and pursue a different legal channel. I can't imagine not living in the US, so contemplating the idea that my number may never become current has been emotionally taxing. I've been applying to the DV lottery for more than a decade; I feel like it's now or never!

[Britsimon 18]

Initially, I wanted to go with adjustment of status but after doing some reading on the other forum and discussing the matter with former DV winners, I decided it would be safer to opt for CP. My only consolation is that I'll know by mid July where I stand, so in case the lottery doesn't work out I'll have until the end of September to figure out my next step and pursue a different legal channel. I can't imagine not living in the US, so contemplating the idea that my number may never become current has been emotionally taxing. I've been applying to the DV lottery for more than a decade; I feel like it's now or never!

I totally understand. Best of luck to you!

[Gina_g 0]

Britsimon, I have a questions about the H1 visa (since I know you're currently on one). I may be hired by a university, so they'll probably start processing my H1 visa soon (i.e., the end of June, perhaps). It usually takes 2-3 months, though they may opt for premium processing. WHEN /IF my H1 visa gets approved --- do I need to notify KCC right away by sending new forms? What if my visa gets approved in August / September, right around the time when I expect to have my interview? Should I simply notify the consular officer at the embassy?

Thanks in advance!

Edited May 28, 2014 by Gina_g

[Britsimon 18]

Britsimon, I have a questions about the H1 visa (since I know you're currently on one). I may be hired by a university, so they'll probably start processing my H1 visa soon (i.e., the end of June, perhaps). It usually takes 2-3 months, though they may opt for premium processing. WHEN /IF my H1 visa gets approved --- do I need to notify KCC right away by sending new forms? What if my visa gets approved in August / September, right around the time when I expect to have my interview? Should I simply notify the consular officer at the embassy?

Thanks in advance!

Yes you can inform KCC but a some point you would be out of time for your update to be attached to your files. So, if you do CP that point (for September interview) is around mid July. So, no problem, just tell the CO at the interview.

[Gina_g 0]

Thanks, Britsimon! Do you know if derivates (H4) and H1 are processed simultaneously or do I need to apply for H4 (for my husband) only after my visa gets approved?

[Britsimon 18]

Thanks, Britsimon! Do you know if derivates (H4) and H1 are processed simultaneously or do I need to apply for H4 (for my husband) only after my visa gets approved?

Once my H1 was approved, I obtained the H4 for my wife and daughter though a consular processing interview. I had to go to the embassy with three 260 applications - my approval being the basis fr all three.

[cornmayeat 2]

hey,

when do we have to fill in this Affidavit of Support form? do we have to attach this with the DS 260? or do we bring this with us to the interview? im currently stuck at the mailing address page so i dont know if we are going to need this in the ds 260 form. thanks

[cornmayeat 2]

anybody?