1-134 when on workers compensation

[ujones 148]

Hello every one,

I am very new to this site but very happy that I found a place where most of my concerns would be resolved from people with similar experience. I would like to sponsor my fiancé on k1 visa but my concern is myself being on workers compensation will be a problem? I do have enough assets to support my affidavit but still not positive that they would not cause any issue about the stability of income. I am a professional who could go back to work as soon as my condition improves , so if I could explain that will that make any difference ? Expecting your valuable information. Thanks in advance

[Anh map 2,098]

If you have sufficient assets that meet the liquidity test then it shouldn't be an issue.

[ujones 148]

Thank you so much for responding .. How do I know if I should provide the assets proof ? Or should I not take a chance & provide it ? Also affidavit of support is something that I don't have worry about till we go to the interview , right ? I really appreciate you helping people like me who are beginners in this topic

[Ash.1101 1,756]

If you're just bring in your fiance and you don't have any dependents on your own, then you'll need to make at least 19,912$ a year. While some sites say that fiance visa only looks at 100% of the poverty line, most will look at 125% of the poverty line because they know you'll have to meet that for AOS.

How long have you been on workers comp? What did you make last year according to this most recent W2/Tax return? What are you currently recieving -currently- as of today?

To figure out how much you need in assets, you subtract how much you make per year CURRENTLY from the needed yearly minimum, then multiply that by 3.

So say you make 10k a year, it would be 19,912$ - 10,000$, which would be 9,912$.

Then for assets, for a family member, you have to multiply the solution by 3, to show that you have three years worth of assets to compensate for you not making the yearly amount.

So, 9912$ x 3 = 29,736$.

You would need to prove you have, about 30,000$ in assets (29,736 to be exact), along with showing that you make 10,000$ per year in this hypothetical situation.

You only need to provide assets if you can't prove you make 19,912$ a year. If you can prove you make at least that much, there's no need to show assets if you meet the yearly income requirement.

Edited September 20, 2015 by Ash.1101

[Anh map 2,098]

Look at the I-864 instructions and FAQ to get more complete information about asset valuation. These are the standards that the CO will likely follow. Some embassies/consulates are tougher than others. Where will your fiance(e) be interviewing?

FAQ >>>> http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

I-864 >>> http://www.uscis.gov/i-864

[ujones 148]

Hi Ash thanks for ur response .. My income is way above the limits .. But my concern if they would say it's unstable .. I've been on workers comp since 2013 December & still on it .. If my condition improves I would go back to work & if it remains the same then I would qualify for SSDI .. So either way I'll be able to support him . I know that they accept ssdi as its permanant , but could consider workers comp as unstable ... He would be interviewing at New Delhi ( India ) .. Thanks again

Hi Ash thanks for ur response .. My income is way above the limits .. But my concern if they would say it's unstable .. I've been on workers comp since 2013 December & still on it .. If my condition improves I would go back to work & if it remains the same then I would qualify for SSDI .. So either way I'll be able to support him . I know that they accept ssdi as its permanant , but could consider workers comp as unstable ... He would be interviewing at New Delhi ( India ) .. Thanks again

Hi Ash thanks for ur response .. My income is way above the limits .. But my concern if they would say it's unstable .. I've been on workers comp since 2013 December & still on it .. If my condition improves I would go back to work & if it remains the same then I would qualify for SSDI .. So either way I'll be able to support him . I know that they accept ssdi as its permanant , but could consider workers comp as unstable ... He would be interviewing at New Delhi ( India ) .. Thanks again

[ujones 148]

Thanks for you time Anh map, would request the interview to be held at New Delhi , India

[KayDeeCee 4,893]

I would list your workers comp income AND your assets. Yes, provide proof of ownership and net cash value of assets. If your last 3 years of taxes show your income is above the requirement, then show all 3 years. That goes to show ongoing stable income.

[ujones 148]

Hi ahad 1967, did you find out about workers comp as I have the same issue. My income level meets the criteria but am not sure if they considers it as a stable income ? Please keep updating your post . thanks

[pushbrk 12,898]

Hi ahad 1967, did you find out about workers comp as I have the same issue. My income level meets the criteria but am not sure if they considers it as a stable income ? Please keep updating your post . thanks

The other forms of income mentioned are all countable without problems. A petitioner would want to document the length of time, they can expect to receive the workers comp. Although it is "temporary" in its nature, if it can be documented as continuing at least three years into the future, it should be counted the same as long term disability or SSDI would be. Or, if after the workman's comp ends, the petitioner would be returning to the job or company they worked for prior to the injury, documenting that would be appropriate and probably carry the day as well.

Not the little saying in my signature. It applies to many questions here, definitely including this one.

[Ryan H 3,812]

**Posts merged with existing thread.**

Hi ahad 1967, did you find out about workers comp as I have the same issue. My income level meets the criteria but am not sure if they considers it as a stable income ? Please keep updating your post . thanks

The other forms of income mentioned are all countable without problems. A petitioner would want to document the length of time, they can expect to receive the workers comp. Although it is "temporary" in its nature, if it can be documented as continuing at least three years into the future, it should be counted the same as long term disability or SSDI would be. Or, if after the workman's comp ends, the petitioner would be returning to the job or company they worked for prior to the injury, documenting that would be appropriate and probably carry the day as well.

Not the little saying in my signature. It applies to many questions here, definitely including this one.

Edited September 20, 2015 by Ryan H

[ujones 148]

I really appreciate every one's help in this forum. As I mentioned earlier I do meet income criteria other than the fact I don't have any say on how long this workers comp will continue. But I could show them the proof of my degrees and previous work experience to show it would not be a problem for me to find a job as soon as my medical condition improves. Also I have my relative who is willing to be a joint sponsor but I would like to use that as a last resort. Any suggestions on till when should I make a decision to use my joint sponsor ? Will they tell me during interview if they need additional support ? If so can I do it right away if I have the forms ready in hand with me ? Thanks again

[pushbrk 12,898]

I really appreciate every one's help in this forum. As I mentioned earlier I do meet income criteria other than the fact I don't have any say on how long this workers comp will continue. But I could show them the proof of my degrees and previous work experience to show it would not be a problem for me to find a job as soon as my medical condition improves. Also I have my relative who is willing to be a joint sponsor but I would like to use that as a last resort. Any suggestions on till when should I make a decision to use my joint sponsor ? Will they tell me during interview if they need additional support ? If so can I do it right away if I have the forms ready in hand with me ? Thanks again

Forget about proof. Provide "evidence", which could be in a form of a statement from your doctor as to their medical opinion regarding your recovery period. Your Workman's comp, will continue until you are recovered.