Financial Requirement

[Stumpjumper 0]

Well I claim my children....

[meauxna 15]

My income, $28,000 (if low why) I dont know why, I work as account management for a company, thats what I make.

I live in MI.

I live alone, but I'm taking care of my dying father atm.

I have 3 children, all under 18

I own a pizza shop, that is my assets, but it is currently being sold in conjunction with my divorce. The income from the pizza place will not reflect on my income by the time we can file for a visa.

My mom and stepdad are both retired, bringing in an annual income of about $50K combined.

I am willing to work a second job, but from what I read they would probably not consider a part time job sustainable?

Thanks, that is more clear. The other question I neglected to confirm is your marital status and what visa you're after.

The non-immigrant K visas use a more nebulous formula than the Immigrant Visa/Adjustment of Status I-864.

Since you claim the kids on your tax returns, I am 90% certain that you need to count them as part of your household. Lucky for you that there is no way to count 'household' on the I-134, but the kids are there nonetheless.

Your financial responsibility then extends to you, your immigrant, 3 kids = 5 people. You know that your income is just under the threshold for that many people.

So you need to increase the income, or show assets. It's not clear to me what you'll retain after the pizza shop gets chopped, but it may be enough. Assets do not count at a one for one $$ basis.

Alternately, if your parent wants to sponsor your fiancee, she needs to have enough income to support her household + the immigrant. Mom + stepdad + immigrant = 3 people. Looks like mom's income may be sufficient then.

My sympathies regarding your dad; it's really good that you are with him now.

[Dwarf_Ogress 0]

Here is the link to the USCIS page with the current poverty guidelines. Show this to your attorney.

http://www.uscis.gov/files/form/I-864P.pdf

Here's a question: this webpage of the poverty guidelines states that is for the use of the I-864. What about for the I-134 for the K1 visa? The reason I ask is because last year I made the 2006 125% income but according to the 2007 guidelines I am short by about $412.00 dollars. So I will have a sponsor who is a married couple who filed jointly but they did make above the 125% poverty line for a family of 5, the 5 being my fiance. This is all so confusing!

[timothyjellis 0]

I have spoken with 2 different attorneys, the first told me my financial requirements were fine because I made over $17K a year. Well the 2nd attorney said that there is an additional requirement if I have children, which I have 3.

I made $28K last year and the lawyer said I would have to show $29,250. Is this correct?

If I have to have an additional sponsor what kind of liabilty are they signing up for?

your so close to the $29,000 poverty line requirements, i would take my chances, and still apply for her visa, i have been around and it seems to me that it is up to the co or embassy to determine if you can afford your fiancee, and if you truly love this women and can prove it, they might take a chance, but dont give up hope!!! get a co-sponsor!! and go get your women!!!!

[homesick_american 1]

I have spoken with 2 different attorneys, the first told me my financial requirements were fine because I made over $17K a year. Well the 2nd attorney said that there is an additional requirement if I have children, which I have 3.

I made $28K last year and the lawyer said I would have to show $29,250. Is this correct?

If I have to have an additional sponsor what kind of liabilty are they signing up for?

your so close to the $29,000 poverty line requirements, i would take my chances, and still apply for her visa, i have been around and it seems to me that it is up to the co or embassy to determine if you can afford your fiancee, and if you truly love this women and can prove it, they might take a chance, but dont give up hope!!! get a co-sponsor!! and go get your women!!!!

If he's under it he should count on being denied. It's the law and if the CO gives her the visa anyway, he'd be breaking the law.

OP, GET A CO-SPONSOR. Don't listen to this guy.

[Sinh & Lien 0]

isn't it depedent on the country whether or not they will accept a co-sponsor? Also, i thought the I-864 was replacing the I-134? But they serve the same purpose...that was what i was told.

[Yodrak 7]

Sinh & Lien,

Told by who?

- I-134 is used for non-immigrant visas, including the K visas, at the discretion of the consular officer.

- I-864 is used for immigrant visas and adjustment of status. It cannot be used for non-immigrant visas.

Yodrak

isn't it depedent on the country whether or not they will accept a co-sponsor? Also, i thought the I-864 was replacing the I-134? But they serve the same purpose...that was what i was told.

[Stumpjumper 0]

My attorney said that if my ex has full custody of the children I do not have to claim them on our visa application.