I-134 for K-1 visa dependent question

[China_Love85 0]

I am completing an I-134 for my Chinese fiancee 's K-1 visa. I live in China so all of my income on my tax return is zeroed out by the Foreign earned income exclusion. In addition, my contract of employment will be finished in January, which is why we are both moving to the US- her with the K1 visa. My father is completing I-134 as a co-sponsor as well. I understand that we each should list her as a dependent on the form, but my question is should we both check the box "partially dependent on me for support" or "fully dependent on me for support." Her and I both plan to get jobs after arriving in the States and any lapse in her employment I will be supporting her. My father is only signing because my income is technically not high enough due to the foreign earned income exclusion. So, essentially we are not anticipating that he would have to issue any support per say except in the event that I somehow became unable to support her. How best should I approach this when filling out the form? In addition, what should he or  I add to my explanation in section 7 about question 38, "Do you intend to make specific contributions?" I assume the box is "yes" and the notation will include that it is part of a K1 visa application, but what else should be included in his and my form to explain this situation (e.g. his support is only necessary if for some reason, I was unable to support her).

Edited October 20, 2017 by China_Love85

[Nitas_man 3,100]

22 minutes ago, China_Love85 said:

I am completing an I-134 for my Chinese fiancee 's K-1 visa. I live in China so all of my income on my tax return is zeroed out by the Foreign earned income exclusion. In addition, my contract of employment will be finished in January, which is why we are both moving to the US- her with the K1 visa. My father is completing I-134 as a co-sponsor as well. I understand that we each should list her as a dependent on the form, but my question is should we both check the box "partially dependent on me for support" or "fully dependent on me for support." Her and I both plan to get jobs after arriving in the States and any lapse in her employment I will be supporting her. My father is only signing because my income is technically not high enough due to the foreign earned income exclusion. So, essentially we are not anticipating that he would have to issue any support per say except in the event that I somehow became unable to support her. How best should I approach this when filling out the form? In addition, what should he or  I add to my explanation in section 7 about question 38, "Do you intend to make specific contributions?" I assume the box is "yes" and the notation will include that it is part of a K1 visa application, but what else should be included in his and my form to explain this situation (e.g. his support is only necessary if for some reason, I was unable to support her).

Your income on the I-134 is gross income, not AGI.  AGI after the exclusion is for the IRS and does not reflect what you are earning.  They just want to see that you are filing taxes like you are supposed to be doing and that's why they want to see your income and match it up with your returns.

 

With that said bring in your evidence of gross income - last year and current, so they can ignore it and focus on assets and your joint sponsor's income.

 

I checked "fully dependent" and in the notes "intend to fully support this dependent after entry to the US".

[KULtoATL 1,551]

2 hours ago, China_Love85 said:

I am completing an I-134 for my Chinese fiancee 's K-1 visa. I live in China so all of my income on my tax return is zeroed out by the Foreign earned income exclusion. In addition, my contract of employment will be finished in January, which is why we are both moving to the US- her with the K1 visa. My father is completing I-134 as a co-sponsor as well. I understand that we each should list her as a dependent on the form, but my question is should we both check the box "partially dependent on me for support" or "fully dependent on me for support."

You can just check "fully dependent".

Her and I both plan to get jobs after arriving in the States and any lapse in her employment I will be supporting her.

Just to put it out there, she will not be able to get a job and work immediately upon arriving in the US. After marriage, she will need to AOS. When filing AOS she can apply for an EAD concurrently. Once her EAD application is approved, that's when she can get a job and work legally. She will be pretty much out of work for at least 3-4 months from EAD application up to her receipt of the EAD.

My father is only signing because my income is technically not high enough due to the foreign earned income exclusion. So, essentially we are not anticipating that he would have to issue any support per say except in the event that I somehow became unable to support her. How best should I approach this when filling out the form? In addition, what should he or  I add to my explanation in section 7 about question 38, "Do you intend to make specific contributions?"

You can check "yes". In the Additional Information section, you explain with "N/A - K-1 visa process".

I assume the box is "yes" and the notation will include that it is part of a K1 visa application, but what else should be included in his and my form to explain this situation (e.g. his support is only necessary if for some reason, I was unable to support her).

For your father's form, he can add the short explanation that you have put as an example there.

 

[Tunc 0]

You should also add additional evidence. If you can get a job offer in the USA that would be better. Proof of you applying for jobs, scheduling interviews would be better. You can schedule interviews online and bring proof of those as well. I know it is much easier to look for a job once in the USA but immigration can ask these questions. Even registering on monster.com counts.

[China_Love85 0]

Thanks everyone for all the input. I am helping her design a good resume and work plan for coming to the US. Luckily there are several jobs that are specifically looking for staff that is fluent in Mandarin in our local area, so we will include that on her work plan and attach copies of the classified ads and their URL's. I did know it would take a while to get EAD after marriage, but good to mention it just in case. Thanks again.