London K1 (I-134 & I-864): Taking out a loan to meet requirements?

[Rc123rc 528]

We have established that if the beneficiary had enough cash, he would need nothing from the USC for a K1 visa in London. (self-sponsor). His same cash could be counted toward household income on the I-864. But he has no cash assets and has decided not to try to get a loan for "show". He's moved on.

Thanks, there was so many postings, I must have missed the moving on part. As far as the self sponsoring, that was a misunderstanding on my part. I didn't think that would be allowed since assets can run out quickly. We all know how expensive it is to live in the U.S. Thanks for clearing this up and setting me straight.

[WandY 430]

Sounds fraudulent. The money is not yours if it is a loan. What bank is willing to give you unsecured money when you're leaving the country? If she can't get a job paying more than $7,500 a year, what makes you think you can? Kids in the USA make $15,000-plus working part-time at the local fast-food place or Wal-Mart. The financial requirements are pretty rigid. Your idea is not a good one. It won't work.

[Limey 551]

As someone else mentioned here, if the most important thing is being together, then Ireland is good. You can live there, save money, apply for US spouse visa and move to the US when circumstances allow.

• English speaking
• Lower cost of living than UK
• If you are married you'll have no problem bringing in your spouse
• they drive on the correct side of the road
• Having lived there for around 6 months you could then use your EU treaty rights to move to the UK (google "Surinder Singh")

Trust me, Surinder Singh works. My brother is married to a Brazilian and despite having been married for several years and having 2 kids together, and having met in the UK and left to live in the Middle East for a while, UK immigration still believe that their marriage is a sham by his wife to enter the UK and then disappear (leaving her house, car, husband and 2 kids to work illegally for pennies). She was denied entry repeatedly, missing out on family events in the UK. UK immigration don't hire the smartest minds, they really are imbeciles, and rather rude ones too.

My brother now lives in Portugal (wife is Brazilian, so speaks the language) but the same would apply living in Ireland. He didn't want to move back to the UK, but at least now (thanks to Surinder Singh) he is classed as Portuguese as he's resident there (even though he is not a Portuguese citizen), so he and his wife must be allowed to enter the UK. They have a battle with UK border control most times they visit, because UK immigration officers don't understand the laws (despite it being their job), but after he insists the clowns at border control ring their own legal help line, his wife is admitted.

Your partner might not want to live in Ireland or the UK, but if being together it what's important, then you have an option. If I'd not been able to get my K1 and move to the US, my wife and I both agreed that this is what we'd do, as being together is what really mattered to us. If living in the US is more important than being with your partner, then you're getting married for the wrong reasons.

Edited June 21, 2016 by Limey

[Rob&Jen 14]

UPDATE

We potentially have another co-sponsor lined up who is still married and has two legitimate kids and a third born outside of wedlock. None of them are over 21. He's self-employed, owns and runs his own business and owns his house and a large plot of land. So basically, he's in a much better financial position than my last sponsor.

His wife and kids moved out last year due to marital problems and he's currently paying alimony and child support. On his last tax return he filed as single but they aren't divorced. Does he still need to list them as dependants on the I-134 and I-864?

Instructions for I-864 state:

Add together the number of persons for whom you are financially responsible. Some of these persons may not be residing

with you. Make sure you do not count any individual more than once.

-and-

Enter the number of unmarried children you have who are under 21 years of age, even if you do not

have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children

have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal

income tax returns.

[EM_Vandaveer 2,408]

The fact that he filed his taxes single is NOT OK, he is still married he should have filed Married Filing Separately.

[Rob&Jen 14]

The fact that he filed his taxes single is NOT OK, he is still married he should have filed Married Filing Separately.

I'm quoting my fiance so that might simply be how she words it.

[Nich-Nick 3,354]

He is married with 3 kids, so household of 5 plus immigrant = 6 for the purpose of the adjustment of status I-864.

$40,825 income needed.

Because he is self-employed his 2015 tax return form 1040, Line 22 needs to exceed that amount. It is not how much he takes in each year in his business. All business deductions have to be considered so that's why the specific line on his personal tax return.

[Rob&Jen 14]

He is married with 3 kids, so household of 5 plus immigrant = 6 for the purpose of the adjustment of status I-864.

$40,825 income needed.

Because he is self-employed his 2015 tax return form 1040, Line 22 needs to exceed that amount. It is not how much he takes in each year in his business. All business deductions have to be considered so that's why the specific line on his personal tax return.

Thanks Nick.

As a landowner and asset holder he can still list them (and savings) to meet the income amount, right? So long as the total figure meets the requirement.

[Rc123rc 528]

He is married with 3 kids, so household of 5 plus immigrant = 6 for the purpose of the adjustment of status I-864.

$40,825 income needed.

Because he is self-employed his 2015 tax return form 1040, Line 22 needs to exceed that amount. It is not how much he takes in each year in his business. All business deductions have to be considered so that's why the specific line on his personal tax return.

Sounds about right. He's married with 3 kids. 5+1= 6. He needs to amend his taxes to Married filing separately or Married filing jointly. Depends on what his wife filed. Although. that is a separate issue and no bearing on this situation.

Thanks Nick.

As a landowner and asset holder he can still list them (and savings) to meet the income amount, right? So long as the total figure meets the requirement.

Tough to say. Cash is one thing. Land and home are another. Land and home are net of certified appraised value minus mortgage/loans I believe. But, it's certainly possible to be enough.

[aaron2020 11,651]

Thanks Nick.

As a landowner and asset holder he can still list them (and savings) to meet the income amount, right? So long as the total figure meets the requirement.

Look at the instructions for the I-864. He can only count certain assets. He can not list his primary residence and first car for the I-864. He can only list assets that would be liquidable within a year that would not be a hardship on him.

Edited June 21, 2016 by aaron2020

[aaron2020 11,651]

If a loan could satisfy the Affidavit of Supports, then it would make the AOS forms a joke. Why bother if someone can take out a short term loan to meet the AOS financial requirements?

Borrow $50,000, use it for immigration and declare the borrowed assets as your own (when it's not), and then return it afterwards. Oldest trick in the book. This is obviously not an asset that will provide for the intending immigrant if needed. It's a trick. We all know that it's a trick. The US embassies are fully aware of this trick.

Edited June 21, 2016 by aaron2020

[Rob&Jen 14]

If a loan could satisfy the Affidavit of Supports, then it would make the AOS forms a joke. Why bother if someone can take out a short term loan to meet the AOS financial requirements?

Borrow $50,000, use it for immigration and declare the borrowed assets as your own (when it's not), and then return it afterwards. Oldest trick in the book. This is obviously not an asset that will provide for the intending immigrant if needed. It's a trick. We all know that it's a trick. The US embassies are fully aware of this trick.

Yeah... this has already been covered. I won't be doing that.

[EM_Vandaveer 2,408]

If a loan could satisfy the Affidavit of Supports, then it would make the AOS forms a joke. Why bother if someone can take out a short term loan to meet the AOS financial requirements?

Borrow $50,000, use it for immigration and declare the borrowed assets as your own (when it's not), and then return it afterwards. Oldest trick in the book. This is obviously not an asset that will provide for the intending immigrant if needed. It's a trick. We all know that it's a trick. The US embassies are fully aware of this trick.

We are over this. OP decided against it and has a potential new co-sponsor. Edited June 21, 2016 by EM_Vandaveer

[aaron2020 11,651]

UPDATE

We potentially have another co-sponsor lined up who is still married and has two legitimate kids and a third born outside of wedlock. None of them are over 21. He's self-employed, owns and runs his own business and owns his house and a large plot of land. So basically, he's in a much better financial position than my last sponsor.

His wife and kids moved out last year due to marital problems and he's currently paying alimony and child support. On his last tax return he filed as single but they aren't divorced. Does he still need to list them as dependants on the I-134 and I-864?

Instructions for I-864 state:

Add together the number of persons for whom you are financially responsible. Some of these persons may not be residing

with you. Make sure you do not count any individual more than once.

-and-

Enter the number of unmarried children you have who are under 21 years of age, even if you do not

have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children

have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal

income tax returns.

Hi,

Sorry, but your new Joint Sponsor is not a good choice. You have someone who is married filing a tax return with fraudulent information about his marital status since he is not single as he reported. Why would the US Embassy accept a return with fraudulent information even if he does have the income and assets? There would be reason to review a tax return with fraudulent information. You need a JS without a tax problem.

[EM_Vandaveer 2,408]

Your potential joint sponsor needs to amend his taxes first.