Not meeting income requirements for I-134

[mangomochi 21]

Hey everyone,

 

At the end of February my fiancé was medically retired. Our original I-129F listed his employment, but the DS160 and I-134 reflect our current circumstances with him unemployed.

 

To meet 100% we need to make $19,460. My fiancé is currently on disability from the VA of $16,584 so we are off by $2,876 and we need this x 5 I believe (which is $14,480) to make up the difference. In his savings account he has $24,000. He also has $80,000 in equity of his home – this has been stated by a real estate agent as he actually just put the house on the market with intention to move mainland in the next couple of months. Is it enough to have a CMA from a real estate agent? Should I include evidence of the house being on the market? Will London take his savings and assets into account? I’m sorry for all the questions. Do you think we need a joint sponsor? If we need one he believes he can get one.

 

Thank you in advance.

[Crazy Cat 41,856]

A Competitive Marketing Analysis is not the same as a real appraisal, imo.   

[mangomochi 21]

Thank you for such a fast reply! I will pass on this information to my fiancé. Do you think that the assets in terms of the house matter if we have the x5 amount in savings? If I've worked that out correctly.

[Boiler 45,516]

London allows you to self sponsor, issues may arise when you come to adjust and file the I 864 which has higher requirements and is enforceable.

 

Your primary residence is not counted.

[mangomochi 21]

4 minutes ago, Boiler said:

London allows you to self sponsor, issues may arise when you come to adjust and file the I 864 which has higher requirements and is enforceable.

 

Your primary residence is not counted.

I had read this about vehicles but was uncertain about property, it makes sense. We'll be up and sold soon so some of that equity will be in savings come I-184, which I understand is higher. Thank you for the heads up about self sponsoring! Do London not look at the petitioner's savings? In which case come the I-184 will they not care about savings then either, only income?

I think we might go with a joint sponsor to be safe. 

[Boiler 45,516]

London will allow you to use your savings.

 

I 864.

[mangomochi 21]

1 minute ago, Boiler said:

London will allow you to use your savings.

 

I 864.

😂 Thank you! Need to keep on top of all these forms!

[Wuozopo 4,293]

1 hour ago, mangomochi said:

Hey everyone,

 

At the end of February my fiancé was medically retired. Our original I-129F listed his employment, but the DS160 and I-134 reflect our current circumstances with him unemployed.

 

To meet 100% we need to make $19,460. My fiancé is currently on disability from the VA of $16,584 so we are off by $2,876 and we need this x 5 I believe (which is $14,480) to make up the difference. In his savings account he has $24,000. He also has $80,000 in equity of his home – this has been stated by a real estate agent as he actually just put the house on the market with intention to move mainland in the next couple of months. Is it enough to have a CMA from a real estate agent? Should I include evidence of the house being on the market? Will London take his savings and assets into account? I’m sorry for all the questions. Do you think we need a joint sponsor? If we need one he believes he can get one.

 

Thank you in advance.

 

When it's a fiancé or spouse sponsoring, it's 3x the shortfall in income. Sounds like he has enough for London with just his savings. They aren't overly strict on this like the I-864 will be when you adjust status. Take proof of any savings you have as well to offer. 

[mangomochi 21]

2 minutes ago, Wuozopo said:

 

When it's a fiancé or spouse sponsoring, it's 3x the shortfall in income. Sounds like he has enough for London with just his savings. They aren't overly strict on this like the I-864 will be when you adjust status. Take proof of any savings you have as well to offer. 

Thank you so much for your reply! Can I just ask if it will be 3x the difference for the 125% or the 100%? If 125% I believe that's $23,223 we'd need to show in savings which we just scrape! I think I've read around the forum that some CO like to see you make the 125% even when applying for K1, is this accurate? I had thought we needed 5x for the 125% too so if it's 3x that puts us in a better position. Would you recommend a joint sponsor just to be safe?

[Wuozopo 4,293]

2 minutes ago, mangomochi said:

Thank you so much for your reply! Can I just ask if it will be 3x the difference for the 125% or the 100%? If 125% I believe that's $23,223 we'd need to show in savings which we just scrape! I think I've read around the forum that some CO like to see you make the 125% even when applying for K1, is this accurate? I had thought we needed 5x for the 125% too so if it's 3x that puts us in a better position. Would you recommend a joint sponsor just to be safe?

There is no hard rules for the I-134 other than the CO needs to be convinced you will not become a public charge. London is easily convinced.

 

In general, the rule of thumb in my understanding is---

I-134 is 100%. The shortfall amount is from the 100% figure. 3x in assets for fiancé (not stated as such but follows what the I-864 requires so a rule of thumb.)

 

The hard fast rule of the I-864

125%. The shortfall is 3x for spouse. 5x if not spouse.

 

Quoted from I-864 instructions:

Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least ve times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference. 

[mangomochi 21]

2 minutes ago, Wuozopo said:

There is no hard rules for the I-134 other than the CO needs to be convinced you will not become a public charge. London is easily convinced.

 

In general, the rule of thumb in my understanding is---

I-134 is 100%. The shortfall amount is from the 100% figure. 3x in assets for fiancé (not stated as such but follows what the I-864 requires so a rule of thumb.)

 

The hard fast rule of the I-864

125%. The shortfall is 3x for spouse. 5x if not spouse.

 

Quoted from I-864 instructions:

Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least ve times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference. 

Aaah seeing that actually rings a bell now from trying to prepare for future filing. Thank you so much for pulling that up for me and for your help with this current part of the process! Feeling a little less stressed about the interview now. Hopefully by I-864 we'll be in a better position financially. ✨

[Wuozopo 4,293]

45 minutes ago, mangomochi said:

Aaah seeing that actually rings a bell now from trying to prepare for future filing. Thank you so much for pulling that up for me and for your help with this current part of the process! Feeling a little less stressed about the interview now. Hopefully by I-864 we'll be in a better position financially. ✨

Also note that if you are living on the mainland a year from now when you interview for AOS, your 125% is $21,137. https://www.uscis.gov/i-864p

 

And as the spouse your savings brought with you counts as family assets. And if you are working, your income as well. You would include a copy of your EAD card to prove work authorization.  That won't help when you submit your application, but by interview time you could provide a new I-864 from your husband and probably get on without a joint sponsor. 

[mangomochi 21]

I'd just like to update this and again say thank you to everyone that helped! By some sheer stroke of unbelievable luck, two days before my interview my fianceé's VA rating changed and we were put over the 100% poverty margin. So, unfortunately I can't offer any experience of going into the embassy without meeting the mark, because in the end all they asked for was W2 and retirement letters! 

 

Thank you for all your help!