I-864

[aussiewench 9]

Oh aussiewench! I have got I-134 form from the embassy and I include her house hold size including me is 6 that's why I thought she not meet the poverty line...so if I submitt I-134 her household size only 2 (me and her) am I right?? Thank you so much!

Firstly you should use the I-134. The form that the embassy is wanting you to use. Not the I-864 that you proposed to do.

Secondly if your husband has his 2005 tax returns and W-2's by the time you have your interview, you would submit them. Thus meeting the requirements as you said his income was over the 125% of the poverty guidelines. I'm not certain on how many years Thailand looks at. A few embassy's require 3 years but mostly only require one for a K-3

If he does not have documentation of 2005 via the returns, you would use the 2004. In this case it wouldn't hurt to have 2002 & 2003 on hand as well considering his taking time out to be with you. Also have any documentation of his income now, letter from his employer, even bank statements if you think that would help.

First, You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15.

Is this documented somewhere as my interview will more then likely be before this date and all that I have been reading on various sites has led us to believe we can submit 2005

When i had my K3 interview, the guy at the embassy in London said it would be best to bring tax returns for 2005!!.for my CR1 interview

I figured that but Fischkoepfin's post confused me a little.......temporarily.....I needed another coffee lol

[Yodrak 7]

Chiangmaigirl,

There is no mention anywhere on I-134 or in it's instructions of household or household size.

It is possible that one would identify people on an I-864 who do not need to be identified on I-134, and vice versa, but the question does need to be asked how one would show only 2 people on an I-134 if 6 would be shown on an I-864.

I think you've gotten your answer as to which tax-year information to provide? Provide the most recent - if a 2005 tax return is available, that's the one to use. Especially if it shows more income than the 2004 return did.

Yodrak

Thank you aussiewench. Yes I got the package 3 from Bangkok embassy but one more think that I still confusing is if we use his mother for a co-sponsor but her income only 27,000 which is not meet the poverty line?? But in the instruction on I-134 they didn't fix the income like I-864 so I wonder if his mother can become his co-sponsor regarding for I-134. Any advice will be very appreciated.

How are you calculating that the 27,000 does not meet the 125% of the poverty guidelines?

What AOS form did you receive in the package, I-864 or I-134?

Oh aussiewench! I have got I-134 form from the embassy and I include her house hold size including me is 6 that's why I thought she not meet the poverty line...so if I submitt I-134 her household size only 2 (me and her) am I right?? Thank you so much!

[Criag 0]

Hi all I am new on here. It's so great to have this site I am now having problem about I-864 affidavit of support as my husband (usc) didn't meet the poverty line only the 2004 year he only make $9,900 because he was with me here in Thailand. We have no one to become a joint sponsor so my question is can my husband use his 2005 tax return for the recent year (even it is not actually required until after 4/15/06)for the affidavit of support because he make over the poverty line?? Also if we can use the 2005 tax year mean we don't need to have a joint sponsor even the 2004 he didn't make over the poverty line?? I really need some advise.

Thank you for sharing your opinion.

Yes i think he can...the form clearly ask for the income in the current tax year. He should file his taxes very quickly and make a copy and use the 2005 tax income on that third page on the 864 document. They will still see 2003 and 2004 tax years because these need to be attached also. When you do meet the poverty thing you dont need to show assets, etc...just put in n/A for that page.... any children involved..they also need one too...

[jennieh 0]

You would think the most current is better. Since alot of countries accept current employment at the right amount. This is just something that goes along with that.

[aussiewench 9]

Hi all I am new on here. It's so great to have this site I am now having problem about I-864 affidavit of support as my husband (usc) didn't meet the poverty line only the 2004 year he only make $9,900 because he was with me here in Thailand. We have no one to become a joint sponsor so my question is can my husband use his 2005 tax return for the recent year (even it is not actually required until after 4/15/06)for the affidavit of support because he make over the poverty line?? Also if we can use the 2005 tax year mean we don't need to have a joint sponsor even the 2004 he didn't make over the poverty line?? I really need some advise.

Thank you for sharing your opinion.

Yes i think he can...the form clearly ask for the income in the current tax year. He should file his taxes very quickly and make a copy and use the 2005 tax income on that third page on the 864 document. They will still see 2003 and 2004 tax years because these need to be attached also. When you do meet the poverty thing you dont need to show assets, etc...just put in n/A for that page.... any children involved..they also need one too...

Have established that they wont be using the I-864 but the I-134 which is what she received in her package

[Shewolf04091972 0]

Better double-check with the Embassy though on the tax returns. I had thought I didn't need to submit tax returns for the I-134 and they are asking for the last 3 years. I'm so glad I checked first!

[chiangmaigirl 0]

I told my husband about he can use the 2005 tax year and he said can get it for sure before my interview date. Thank you so much for you guys good advise. I really appreciated!

[Yodrak 7]

Shewolf,

Unless the sponsor is self-employed, they don't need to submit tax returns for the I-134. But they may need to submit tax returns as other evidence, separate from and independent of I-134, that the visa applicant meets the public charge provisions of the law. Many people don't understand the difference, but there is a difference.

In the case of Chiangmaigirl, the consulate in Bangkok usually requires the 1 most recent tax return.

Yodrak

Better double-check with the Embassy though on the tax returns. I had thought I didn't need to submit tax returns for the I-134 and they are asking for the last 3 years. I'm so glad I checked first!

[chiangmaigirl 0]

affer we have a disscus we found out that his mother not qualify to be a co-sponsor, his sister only make 22,000 and his tax 2005 only make 8,000 (becuase he was moved to work with the UPS) he has a house in LA but in the deed have name of his mom, sister and himself on it and they also mortaged the house with the bank. We have asked the embassy and they said we can use I-864 for K3 so my question is can we use his house as the assest? I also have house and land in Thailand but have my name and two youngers brother on it can I use my asset??? I really desperate!!

[meddykomp 0]

If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont?

[chiangmaigirl 0]

If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont?

meddykomp from what I understand is whether I use I-134 or I-864 the people told me that my husband have to use the poverty line and our household size is 6 so what's different with that he still have to meet the requirement which is need over $32,000 for 6 people we have no one to become a joint sponsor and his household income not meet the poverty line so that's why i ask if i can use my property.

[Yodrak 7]

chiangmaigirl,

Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines).

You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue.

You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis?

You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband.

Are you living in Chinagmai at the moment?

Yodrak

If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont?

meddykomp from what I understand is whether I use I-134 or I-864 the people told me that my husband have to use the poverty line and our household size is 6 so what's different with that he still have to meet the requirement which is need over $32,000 for 6 people we have no one to become a joint sponsor and his household income not meet the poverty line so that's why i ask if i can use my property.

Edited February 6, 2006 by Yodrak

[diadromous mermaid 36]

chiangmaigirl,

Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines).

You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue.

You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis?

You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband.

Are you living in Chinagmai at the moment?

Yodrak

If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont?

meddykomp from what I understand is whether I use I-134 or I-864 the people told me that my husband have to use the poverty line and our household size is 6 so what's different with that he still have to meet the requirement which is need over $32,000 for 6 people we have no one to become a joint sponsor and his household income not meet the poverty line so that's why i ask if i can use my property.

Of course there is always the option of Changmaigirl having her brothers (co-owners of the property in Thaliand) buy her out of her respective share of the property, if she will no longer be needing it as a residence. Cash.

[Yodrak 7]

diadromous mermaid,

In the USA we say, "anything is possible".

In Thailand we say "#######" - this is Thailand - to explain why what makes perfect sense here makes no sense whatsoever over there.

Yodrak

chiangmaigirl,

Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines).

You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue.

You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis?

You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband.

Are you living in Chinagmai at the moment?

Yodrak

If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont?

meddykomp from what I understand is whether I use I-134 or I-864 the people told me that my husband have to use the poverty line and our household size is 6 so what's different with that he still have to meet the requirement which is need over $32,000 for 6 people we have no one to become a joint sponsor and his household income not meet the poverty line so that's why i ask if i can use my property.

Of course there is always the option of Changmaigirl having her brothers (co-owners of the property in Thaliand) buy her out of her respective share of the property, if she will no longer be needing it as a residence. Cash.

[diadromous mermaid 36]

diadromous mermaid,

In the USA we say, "anything is possible".

In Thailand we say "#######" - this is Thailand - to explain why what makes perfect sense here makes no sense whatsoever over there.

Yodrak

Ah, yes. It's easy to be tempted to apply American solutions. Thank you for the reminder that what most of us consider normal here is often a luxury to most elsewhere.