Question about I-134 Affidavit of Support

[Roy&Chanel 109]

Hi everyone,

Query before my fiance and I get all started with the application for Fiance Visa.

Regards to I-134 affidavit of support, if my fiance(petitioner) does not have tax returns that exceed the poverty guideline, will he able to use his savings (for example, he has 10k savings in bank) to make up for it? Does it add up in total for the poverty guideline?

He has just started working and only has his W2 from June 2014, we are not sure if its calculated as one whole year of 2014 or from June. (based on the W2 that he worked from June, he does not exceed the poverty guideline) Does anyone know if how W2 calculations worked?

Many thanks in advance, we just want to assure everything before we start filing for our K1 visa.

[Darnell 8,478]

review the instructions in the I-864,

as it's the rules in the I-864 that are used to adjudicate the I-134 on interview day.

[Roy&Chanel 109]

Hi there, thanks for your reply. However, it does not state whether savings bank accounts can be total up added to meet the poverty guideline, which is actually my question.

[Roy&Chanel 109]

adding on to my question, my fiance do not have 3 years of tax returns. So if he has savings that is able to hit the poverty guideline, will that do if he doesnt have 3 years tax returns and only one year since he has just started working last year?

[AR&CB 2]

I'm almost in the same situation as you are in regards to the I-134; to play it safe I'd also submit an I-134 (and all the supporting paperwork) from a joint sponsor in case you don't qualify although it looks like you will be fine..

How much less then the requirement was his income on his most recent income tax return

Edited February 6, 2015 by AR&CB

[Roy&Chanel 109]

Hi there, Im glad that you replied!

We dont really want to go into asking parents to joint sponsor because my fiance really wants to do it on his own.

For the past 6 months that he just started working full time, he has around 14k for June-Dec 2014. However currently he has a new job that qualifies him, but the tax returns will only come in 2016 for the year 2015. The last solution is we might have to file in 2016 instead.

I am wondering if it is possible to use his current assets(Savings) to cover up the poverty guideline. (for example 19k - 14k = 5k leftovers x 3 assets according to poverty guideline, 15k if he has 20k in savings) Is it necessary and compulsory to have 3 years of tax returns?

I wonder if I can do self support, because my salary is much higher and I hit more than enough for the poverty guideline.

[Zedayn 485]

Hi everyone,

Query before my fiance and I get all started with the application for Fiance Visa.

Regards to I-134 affidavit of support, if my fiance(petitioner) does not have tax returns that exceed the poverty guideline, will he able to use his savings (for example, he has 10k savings in bank) to make up for it? Does it add up in total for the poverty guideline?

He has just started working and only has his W2 from June 2014, we are not sure if its calculated as one whole year of 2014 or from June. (based on the W2 that he worked from June, he does not exceed the poverty guideline) Does anyone know if how W2 calculations worked?

Many thanks in advance, we just want to assure everything before we start filing for our K1 visa.

The most important factor that is looked at in the affidavit of support is CURRENT income. If your tax returns do not meet the poverty guidelines but your current income does, then you should be fine. You will need to bring proof of current income such as employment letter and paystubs to prove the current salary.

The W2 is a statement of wages earned for that tax year. The tax year is from January to December. So even if your fiancé just started work in June 2014, his W2 will still be calculated from January to December (but only showing that he has income since June).

If you are using savings to supplement your CURRENT income (if your current income does not meet the poverty guidelines), then you will need at least 3 times the difference in savings. For example, if the poverty guidelines for your household size is $20,000, and your current annual salary is $15,000, then you are short by $5000. You will need in savings: 5000 X 3 = $15,000. If your current annual salary is $19,000, then you are only short by $1000. In this case you will need in savings: 1000 X 3 = $3000.

I will make a note here and say that some embassies actually require 5 times the difference and not 3. I don't know what your embassy will require. This variant is because although embassies tend to follow the I-864 guidelines, there is a lot of discretion on the I-134. I do know that in Philippines they require 5 times the difference.

adding on to my question, my fiance do not have 3 years of tax returns. So if he has savings that is able to hit the poverty guideline, will that do if he doesnt have 3 years tax returns and only one year since he has just started working last year?

This depends on what your embassy requires you to bring. In Philippines they only require the most recent tax return. So if your fiancé does not have 3 years of tax returns, don't worry.

Hi there, Im glad that you replied!

We dont really want to go into asking parents to joint sponsor because my fiance really wants to do it on his own.

For the past 6 months that he just started working full time, he has around 14k for June-Dec 2014. However currently he has a new job that qualifies him, but the tax returns will only come in 2016 for the year 2015. The last solution is we might have to file in 2016 instead.

I am wondering if it is possible to use his current assets(Savings) to cover up the poverty guideline. (for example 19k - 14k = 5k leftovers x 3 assets according to poverty guideline, 15k if he has 20k in savings) Is it necessary and compulsory to have 3 years of tax returns?

I wonder if I can do self support, because my salary is much higher and I hit more than enough for the poverty guideline.

If his current income is above poverty guidelines, then you don't need to worry. He will qualify on CURRENT income.

No, you cannot self support.

[Roy&Chanel 109]

Oh thank God! I was worrying for days and couldn't sleep just because he do not have tax returns for the past 3 years!

I had alot of wrong answers from yahoo answers which upsets me so much!

Yes he do have a current job that qualifies him to have 19k above for poverty guideline, I was worried that we will have to wait till he gets 2015 tax returns which is in the year of 2016.

I am thinking of filing only this year end as I think it would be more acceptable by the embassy if he has more pay slips to prove since he has just changed his job from Jan. Otherwise, will have to look into joint sponsors, my fiance doesnt really want to go to parents as he wants to show that he is financially able to support me on his own.

[Zedayn 485]

Oh thank God! I was worrying for days and couldn't sleep just because he do not have tax returns for the past 3 years!

I had alot of wrong answers from yahoo answers which upsets me so much!

Yes he do have a current job that qualifies him to have 19k above for poverty guideline, I was worried that we will have to wait till he gets 2015 tax returns which is in the year of 2016.

I am thinking of filing only this year end as I think it would be more acceptable by the embassy if he has more pay slips to prove since he has just changed his job from Jan. Otherwise, will have to look into joint sponsors, my fiance doesnt really want to go to parents as he wants to show that he is financially able to support me on his own.

The poverty guidelines for 2015 are actually closer to 20k, so keep that in mind.

If you are filing the I-129F, then I would suggest to file now. There is absolutely no reason to wait. The process itself is a long process and a lot of waiting is involved. I understand your reasoning behind wanting to wait, but its really not necessary.

When my wife had her visa interview at the embassy, my most recent tax return was about $5k short of poverty guidelines. I did not qualify based on my tax return. I told the CO that I have employment letters and pay stubs showing my current income, which was about $3k over the poverty guidelines. She accepted them and my wife was approved with no problems at all.

[Roy&Chanel 109]

Thanks alot for your help Zedayn. I will need to check with the embassy here on the requirements, if it is x 5 we will not be able to hit the guideline. And in worse case we will have to go with the joint sponsor which I do not know if the embassy here allows that.

Edited February 6, 2015 by Roy&Chanel