I-134 affidavit of support how to requirements

[Silvia Marie 37]

Hello everybody,

we filed for a K1 visa and got our NOA1 dated 02/08/2017 and now desperately waiting on NOA2.

Can someone please help/explain me how to calculate the requirements for the affidavit of support? I am completely lost.

My fiancé has an annual income of only 9960 USD plus he has a 16 yr old son so we do need a co-sponsor. I got that.

His mom is willing to be my co-sponsor but she only got an annual income of 14784 USD. As far as my understanding that's still not enough, right?

But she does own land and a house on that land which they tell me is worth all together about 65000 USD. Now is that enough then? How to calculate that? I don't understand, help please.

Also how do we proof how much the land and house is worth?

Thank you for reading and enlighten me.

[Seth And Quynh 77]

the assets and her income would be enough plus your income but you will have to give evidence that her assets are worth what they are any documents to show them that they account for 65,000$

[Suss&Camm 2,213]

The 100% of poverty line requirement for the K1 is around $16k for 2 ppl and the 125% required later for aos is around $20k. Assets for a fiancé need to cover 5x the remaining difference and a house will need an appraisal for proof. Don't forget that you'll need to file aos with the higher requirements and with fees of $1225 plus be supported for 3-4 months or more before you can work. Perhaps your finance need to also look for a job where he can make more money. 

Edited May 27, 2017 by Suss&Camm

[Silvia Marie 37]

Well, my fiancé is on disability so no better paying job there. I know about the filing fees and that I need to be supported until I can work which I don't worry about cause my dad is helping me out but that doesn't help me filing I-134 cause he is not an US citizen.

 

Let's calculate the 125% requirement which is for 3 people (my fiancé, his son and me) 25525 USD. So my fiancé plus his moms annual income is 24744 USD which means we are "missing" 781 USD. Correct? So 781 x 5 =  3905 USD which is worth the house but needs appraisal for proof or/and the land (does land need appraisal too?). 

 

But now I used the requirements for a household size of 3 cause his mom does not live with him. Is that correct or do I need to use household size 4 cause of her being co-sponsor even though she doesn't live there.

 

Sorry for my questions but I do worry and want to understand to do it right.

[geowrian 22,337]

As noted, your fiance's income is insufficient. He still needs to complete an I-134, but you do need the joint sponsor.

 

Assuming both you (the beneficiary) and the joint sponsor have no dependents, then the household size is 2 and the required income level for the I-134 in the continental US is $16,240. Since your joint sponsor only makes $14,784, that leaves a minimum gap of $1,456 for the joint sponsor to fulfill. If she is using assets to do so, then she needs to meet 5x that amount ($7,280).

For a house as an asset, she needs to show that she owns the house, current market value (usually via an appraisal), and any mortgages or other liens on it (to calculate equity/net value).

 

Once you get to the AOS stage and need to fulfill the I-864, the assets only need to be 3x the amount, but the amount is at the 125% level. So that means she needs to be at the $20,300. That leaves a gap of $5,516 this time, meaning she needs $16,548 in assets.

 

19 minutes ago, Silvia Marie said:

Let's calculate the 125% requirement which is for 3 people (my fiancé, his son and me) 25525 USD. So my fiancé plus his moms annual income is 24744 USD which means we are "missing" 781 USD. Correct? So 781 x 5 =  3905 USD which is worth the house but needs appraisal for proof or/and the land (does land need appraisal too?). 

You cannot add income or assets across sponsors (unless they are family members in the same household and using the I-864A). A sponsor must individually meet the requirements. You can't double-dip.

 

Quote

But now I used the requirements for a household size of 3 cause his mom does not live with him. Is that correct or do I need to use household size 4 cause of her being co-sponsor even though she doesn't live there.

The joint sponsor does not need to include the primary sponsor and his dependents. The joint sponsor only needs to take care of their own obligations (spouse, if any, and dependent children) + those of the intending immigrant. So if the joint sponsor is unmarried and has no other dependents, she only counts herself. If you have no kids, then you only count yourself. That leaves a household size of 2 for your joint sponsor.

 

The household size for your fiance is 3 (him, his kid, and you).

Edited May 27, 2017 by geowrian

[Silvia Marie 37]

Thank you so so much @geowrian that was an awesome explanation. Now all that makes sense to me.

 

And I'd say we are good woohoo! 

 

What a relief lol

[Silvia Marie 37]

Sorry, it's me again with some new questions that arouse while filling out the I-134.

Can anybody please help me? I'm not so sure what to put in. 

 

1. does ssdi count as income and if so do I just put it in in part 3.3. annual income? So I'll leave part 3.1. employment info blank cause it does not apply right?

 

2. what do we need as evidence for ssdi? Tax returns of last 3 years? Or will do one year?

 

3. in part 3.26. of I-134

I have submitted a visa petition...

do I have to put my name (I'm the beneficiary) in there too? Or just in part 2. info about beneficiary?

 

4. in part 3.38. of I-134

I intend or do not intend to make specific contributions...

Well I would tick: do not intend but is that correct? Of course I will live at my fiancé' house but we're not going to buy anything new, it's all there.

 

Would be awesome if someone could help me with this and answer my questions. I am a little lost, again, sorry.