Meeting income requirements (I-134)

[Peot 162]

Hi, so after all of this time, and reaching this point in the process, we're ready to complete the I-134. We knew it would be tight for her to meet the income requirement and expected her parents to "co-sponsor" it. They told us today "no". We've asked friends and they've also said "no".
Last year she was not working for a large portion of it since I was there temporarily and was covering all of the bills and daily needs, and continued to do so even after I went back to my home country.

 

1. We have a bank letter from an officer of her bank showing she made an income that covers the 100% threshold but is just shy of 125%. This is in part because she has a dependent already.
2. We have listed assets of $9.600, but might have trouble proving the value. Not like we're getting things appraised, and even so, I doubt they'd look at it.
3. We do have tax info available, HOWEVER she was switching jobs and received most of that income shown in bank statements as gifts, it was non-taxible since it was gifted from a foreign non-resident (me) under the reporting threshold.
4. She CAN show she is gainfully employed, however although the job is permanent, it is listed in her contract as "1 year term, renewable at contract end" and might imply this is temporary, though it always renews.
5. Of the several family and friends we have asked, each of them has been completely unwilling to sign I-134. We have explained exactly what it means and that they won't really be on the hook, but it does not sit well with them.

 

As such, her IRS documentation would not paint a pretty picture. The employment info might not paint a pretty picture. The assets might not be looked at at all, and the only valid piece of income evidence from the bank shows we're short.

 

What's silly is that I am currently contracted through a US employer remotely and will continue to work both during and after my visa process for that same company, yet can't show any income from it myself.

For the AOS portion, I've heard that I can then co-sponsor myself using my own income... which will more than meet triple the requirement level... but for this first portion we're looking for answers.

 

So my question is:

Will the bank letter + assets + showing what we can on the IRS form be enough? What other steps can we take (besides co-sponsor?)

 

If she were somehow able to get a bank loan of the remainder required, would we be able to use that (with bank statements showing the funds) to prove she meets the requirement?

 - Keeping in mind that debts are not listed on I-134 that are not real estate.

 

I definitely don't want to lie on the legal government document, but if we left out her dependent, she would more than meet the requirement. Would anyone at all be crazy enough to simply leave her dependent off the form.

 

What other (much more legal) ways can we complete this form and meet the income requirements? Keep in mind that we both work, and she currently works 2 jobs already. Finding time for a 3rd would not be possible with her dependent.

 

Edited July 8, 2017 by Peot

[angkor 0]

First of all lying on that form may get you banned from ever coming to the US, just don't, especially the lie about dependent part.

 

(If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-134, we will deny your Form I-134 and may deny any other immigration benefit the beneficiary seeks. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.)

 

Don't list an asset unless its liquid and you must be able prove it once you apply for your green card so it helps not to exaggerate.

 

( Supporting Evidence As the sponsor, you must show you have sufficient income or financial resources to assure that the foreign national you are sponsoring will not become a public charge while in the United States. Evidence should consist of copies of any of the documents listed below that apply to your situation. Failure to provide evidence of sufficient income or financial resources may result in the denial of the foreign national’s application for a visa or his or her removal from the United States. Submit in duplicate evidence of income and resources, as appropriate: A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account: (1) Date account opened; (2) Total amount deposited for the past year; and (3) Present balance. B. Statement(s) from your employer on business stationery showing: (1) Date and nature of employment; (2) Salary paid; and (3) Whether the position is temporary or permanent. C. If self-employed: (1) Copy of last income tax return filed; or (2) Report of commercial rating concern. D. List containing serial numbers and denominations of bonds and name of record owner(s) " )

 

A bank loan from her is pretty grey area. You don't necessarily need 125% because its not a requirement of the I-134. Now if you got a loan but just gave her the money, that would technically be her asset. This is pretty grey area so probably the only post I will make about this subject. The only other thing I can think of is getting married, then she can include your income and assets. Good luck.

 

 

 

 

Edited July 8, 2017 by angkor

[Peot 162]

I said the whole leaving the dependent out thing as a joke

 

But anyway, yes the section you posted is the section I'm referring to.

Now if we only needed to meet the 100%, we're there. However EVERYTHING I have read here states you must meet 125%.

EDIT: Confirmed in search that most embassies (likely mine will) require I-134 to meet 125% since the K-1 leads to immigration.

 

And yes, in hindsight, if we had known that we weren't going to be able to get a co-sponsor far in advance, we would have just gone the IR-1 route, and dealt with the time apart... At least my income would have been able to supplement hers in that sense once we got to the interview stage. However if we went the K-3 route to not spend time apart, I'd be in the same boat anyway.

Edited July 8, 2017 by Peot

[KULtoATL 1,551]

Hey! Read this old post from 2016 by a Canadian:

 

"Montreal will require 125% some embassies allow 100% but the consulate in montreal does not as far as I know.

The joint sponsor can be anyone who lives anywhere in the USA and is an LPR or USC.

If your fiancé is able maybe he can find a second job or a better paying one."

 

The original thread: 

 

Hope that clarifies better by someone who's been through MTL

 

 

Edited July 8, 2017 by KULtoATL