I-134 (K1) query

[Jaylen Brit 0]

My SO posted this in the foreign Embassy forum - which might not be the best place,lol - so I'm re-posting here

(Posted by LenJayUS) Depending if my place of employment figures in my shift pay and normal over time pay (it's consistant each month... unless I take a vacation)... I'm going to be close, probably slightly under the 125% poverty line.

Would they take into consideration child support? I get $550.00 a month in child support from the egg donor of my two kids. Would I put on the form that the kids are paritially dependent on me? Likewise, I believe Jay will be recieving child support for her daughter as well... would that be considered as well?

Anyone got any thoughts? I'm thinking that MY child support is unlikely to be included as its for HIS I-134 info (tho I have enough I think to self-sponsor if the London Embassy allows it)

Cheers fellow VJers

[Mark Collard 0]

whats all this i hear about self sposnoring at london??

[Jaylen Brit 0]

Its kind of unofficial I think but if you have a few thousand in your bank account (I think but am NOT sure its a min of around £5k) London have been known to take it into account. I believe they are unique in this regard.

[Mark Collard 0]

i think it was u who posted that b4 for me with an email, i emailed them but no response yet

it certainly makes sense though, given the reasons you need a sponsor

Edited March 19, 2006 by Mark Collard

[rebeccajo 14]

I successfully used child support as income both in London and for our AOS. I had e-mailed London in this regard and all they said was it had to be consistent. My support is not court ordered (ie thereby generating some sort of statement from the county) and I had not even been receiving it very long. I attached my bank statements and circled the monthly deposit. It was accepted.

As for the beneficiaries support, I am gonna make a guess here (purely) and say it's not acceptable. Making the guess from the standpoint that it is the petitioner's income they are looking at and not the beneficiary.

If one were self-sponsoring, as Mark Collard asks about, I would include it. There have been a couple of successful self-sponsors from London, but that is not going to fly at adjustment of status. And if one does self sponsor, most here would tell you that two I-134's need to be completed - one from each partner. There was a successful London petition recently where just the beneficiary filled out an I-134 and it worked. But when you get to AOS, it is the PETITIONER that completes the I-864. The foreign spouse cannot count income UNLESS they have been resident in the states with their USC spouse for a full 6 months. Our interview occured before the 6 months was up.

[KarenCee 3]

So, if Joel gets a job, once he has the EAD, he would have to be working for 6 months or more for his income to count towards the I-864...or can that apply at all when filing the AOS?

[rebeccajo 14]

Karen - if he has been here in the states, living with you 6 months or more, and is gainfully employed, it can be used at AOS. You would need to show all the supporting evidence of course.

As the wise meuaxna once said, the USC could effectively be sitting on the sofa eating bon-bons if the foreign spouse earns over the poverty limit.

PS re:child support - if the child lives with you, they are dependent on you. Not partially dependant. That's why child support is allowed to be included.

Edited March 19, 2006 by rebeccajo

[KarenCee 3]

Supporting evidence such as our marriage certificate...letter from employer and date of hire and yearly income (or monthly)...that sort of evidence?

[Steph1010 1]

For the interveiw we are having my mother and Broth in law sponsor renato with me. I am finishing up my internship (which is unpaid) and Hope to get a permanent job in May. Renato will be going through JFK in hopes of getting a temp ead and will work at a local tennis club here. His income alone will be 30,000. My question is, if we both get steady jobs...do we have to use my mom and brother n law as sponsors. They were pretty inconvenienced getting th epaper work ready with the I 134 and I hate to ask them to start all over with the getting the letters from the bank and filling out new forms. Is it possible for us to use our new income to show Renato will not become a public charge?

[rebeccajo 14]

Steph - If your employment picture changes between consulate interview and AOS, then of course you can ditch your co-sponsors and use the current picture. You will only be able to use his income though if he is still getting it - with temp EAD one runs the risk of having to quit that job if the one-year EAD applied for at AOS has not made it to you in time.

Karen - use all the same evidences for him as you would for you - including pay stubs.

[KarenCee 3]

Thanks, Becca

[rebeccajo 14]

Anytime, Karen.

Remember though, it only works that way if he has been here 6 months at the time of the interview. Our interview was BEFORE that time was up, so the scenario didn't work for us.

[Jaylen Brit 0]

Thnaks Bec hun

If we include the child support HE gets for his kids (of which he has custody) that takes us over the 125% so thats groovy

Edited March 19, 2006 by Jaylen Brit

[KarenCee 3]

Same here

[Steph1010 1]

Will there be a problem since I won thave any tax returns proving my income?