I-134 questions for K1 visa

[erdosnew 6]

hi, 

 

we recently received the P4 notice from US consulate in Guangzhou for K1 fiancee visa and in the process of scheduling k1 interview.

 

regards the support of affadavit-  i-134 forms, do we need to file this ahead of the interview or just bring the completed form with supporting W2, bank statement etc to the interview?

 

also, what's the requirement of the income?  how do i know whether i need a co-sponsor to show my fiancee is not a public burden?  I read the instruction for I-134 but didn't find the answers.

[samnrong 52]

Bring with you to the interview, along with requested supporting docs (employment letter, 2018 IRS Transcript, W2 to verify income on transcript, bank statements, and bank certification letter of accounts).

 

If you hope to qualify through income, you need minimum of 125% of poverty level. Check USCIS or just google “affidavit of support income levels”. You’ll find the information. Also look at the K-1 Policies and Procedures forum. There are a million forums on this issue.

 

The embassy takes into account the “totality of the circumstances”, so it’s not just a red line based on income. They’ll consider job stability, COL for your untended domicile, etc.

 

What is your current income and where do you love? Sharing that will help us to give you advice as to whether you’re in the clear or should consider aligning a co-sponsor.

[erdosnew 6]

thanks for the reply!

 

to answer the question,  i live in Washington DC area and my combined income last year is 100K.

 

however, 

I have a child that lives with my ex that  i pay the child support,  however I didn't listed the child on my tax return since ex claims the child as dependent on her tax return.  

I aslo partially support my retired mom and claims her as a dependent on my last year's return.  

 

My questions:

should i list my child or my mom as dependent on I-134 form?  Is the dependent status based on tax return or actual financial support?

Edited July 19, 2019 by erdosnew

[samnrong 52]

16 hours ago, erdosnew said:

thanks for the reply!

 

to answer the question,  i live in Washington DC area and my combined income last year is 100K.

 

however, 

I have a child that lives with my ex that  i pay the child support,  however I didn't listed the child on my tax return since ex claims the child as dependent on her tax return.  

I aslo partially support my retired mom and claims her as a dependent on my last year's return.  

 

My questions:

should i list my child or my mom as dependent on I-134 form?  Is the dependent status based on tax return or actual financial support?

Read the instructions carefully, they will cover exactly what you need to list as a “dependent”. However, if you’re paying child support, I think you will also need to list this on there somewhere as I believe the form asks for all individuals for whom rely on you for support. You have monthly payments that you’re required to make for the child, so you’re safer listing this than omitting and having them find out (which they likely will as it probably will come up during your background check).

 

With income of $100k, you should be well above the necessary thresholds and shouldn’t have any issue (assuming this is recurring income). They consider your current income not historical, so as long as your employment letter states a salary of over $100k, I don’t think there should be an issue.

 

Make sure you bring all required info. I’ve seen many people on here recently getting put in AP because they don’t provide IRS transcripts, so make sure you get those, not just your 1040.

[samnrong 52]

Just looked at the form. The form states “the following persons are dependent on me for support”. Nowhere does it state that this is only for those claimed on tax returns. Based on the information you’ve provided you would need to include both your child and mother. 

 

For your child, since you’re only paying child support and they are not dependent on you 100% for support, you may want to document the terms of your child support in the “additional information” section. This way it will be clear what support you’re providing and not make it seem like you’re paying 100% support for the child. Same with your mother. If you’re not providing 100% expenses and instead just providing supplementary support you’ll want this stated for the CO to consider (otherwise they may assume you’re supporting a household of 4 rather than a household of 2 + supplementary support for 2 others).

 

 

[visafrompa 9]

to claim someone as a dependent they have to " They also has to live with you for more than half of the tax year and you have to provide at least half of the thier financial support."  Notice there is an AND to qualify the statement.

 

So if you claim a dependent on your taxes, then you are telling the gov't you pay for at least half (or more) of that person costs AND they live with your for more than 183 days a year.   There are formulas to determine what your tax deduction is per dependent, but it HAS TO BE AT LEAST 50%.  So you claimed 2 dependents then you are basically (for I-134) adding two people to your household.

 

If you are making $100k, its not going to be an issue.  Just calculate the number in your family correctly.

Edited July 22, 2019 by visafrompa

[samnrong 52]

15 hours ago, visafrompa said:

to claim someone as a dependent they have to " They also has to live with you for more than half of the tax year and you have to provide at least half of the thier financial support."  Notice there is an AND to qualify the statement.

 

So if you claim a dependent on your taxes, then you are telling the gov't you pay for at least half (or more) of that person costs AND they live with your for more than 183 days a year.   There are formulas to determine what your tax deduction is per dependent, but it HAS TO BE AT LEAST 50%.  So you claimed 2 dependents then you are basically (for I-134) adding two people to your household.

 

If you are making $100k, its not going to be an issue.  Just calculate the number in your family correctly.

This is not accurate. The I-134 is not using the tax definition of "dependent". The question is asking "how many others depend on you for support". There is nothing in here that states that you must meet the tax definition of dependent.

 

In this case, OP is providing monthly support for 2 others. That information is relevant and should absolutely be listed on the form, as these are monthly payments that OP is making each month. The CO is interested in how much of one's income is tied up in support obligations, not about whether the person is technically listed as a dependent on taxes. If OP is paying child support and does not list this on I-134, they will likely have big issues down the road as the government WILL find out about it and it will look as if OP has misrepresented themselves on the forms.

[erdosnew 6]

thanks a lot guys!

 

I've answered questions on the forms to include both my child and my mom as suggested.  

 

I've collected all the information needed, employment letter, bank letter, w-2, 1040, IRS transcripts for the past 3 years etc, together with completed 134 form.

 

a couple more questions for the support affadavit:

1.  As i understand, i don't have to file a seperate 134 form for my fiancee's minor child since we've included the child as K-2, is that correct?

 

2.    is it ok to send the scanned copies of support affadvit to my fiancee in china to bring for the interview?  or i need to fedex the actual paper documents to her to bring for interview?

[visafrompa 9]

On 7/23/2019 at 8:59 AM, samnrong said:

This is not accurate. The I-134 is not using the tax definition of "dependent". The question is asking "how many others depend on you for support". There is nothing in here that states that you must meet the tax definition of dependent.

 

In this case, OP is providing monthly support for 2 others. That information is relevant and should absolutely be listed on the form, as these are monthly payments that OP is making each month. The CO is interested in how much of one's income is tied up in support obligations, not about whether the person is technically listed as a dependent on taxes. If OP is paying child support and does not list this on I-134, they will likely have big issues down the road as the government WILL find out about it and it will look as if OP has misrepresented themselves on the forms.

When you get to the I-864 

 

9 FAM 302.8-2(C)(6)  (U) Household Member

 

(3)  (U) Any other dependents of the sponsor (if identified as such on the sponsor's Federal income tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor);

 

Also, as a USC, on the I-864 Part 5 Q 4-5-6 all ask about DEPENDENT CHILDREN.  See above  as to definition of 'dependent'.

 

At this point in the AOS process you are already married, and your spouses children will be included as they are step-children in the eyes of the IRS.

 

And unless you can find a different definition of 'dependent' (ie someone you don't live with and someone you don't supply at least 50% of their expenses for, the IRS definition, since every other portion of the I-134 and I-864 all refer to federal income taxes, is correct.

 

[samnrong 52]

1 hour ago, visafrompa said:

When you get to the I-864 

 

9 FAM 302.8-2(C)(6)  (U) Household Member

 

(3)  (U) Any other dependents of the sponsor (if identified as such on the sponsor's Federal income tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor);

 

Also, as a USC, on the I-864 Part 5 Q 4-5-6 all ask about DEPENDENT CHILDREN.  See above  as to definition of 'dependent'.

 

At this point in the AOS process you are already married, and your spouses children will be included as they are step-children in the eyes of the IRS.

 

And unless you can find a different definition of 'dependent' (ie someone you don't live with and someone you don't supply at least 50% of their expenses for, the IRS definition, since every other portion of the I-134 and I-864 all refer to federal income taxes, is correct.

 

The form is not asking for your dependents or your household members. It is asking how many other people you provide support for. If you pay child support every month, you can't leave that off the form just because the you don't claim the person for taxes. Further Form I-134 does not ask for household size, that is form I-864. Form I-134 specifically states "the following persons are dependent on me for support". Nothing in here states that they must be a "dependent for tax purposes".

 

Further, per the I-864 instructions: Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children
have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal
income tax returns.

 

Does it say anywhere in these instructions that the child needs to be claimed as a dependent? Seems to me that the instructions specifically state to list the number of unmarried children you have, under 21, even if you do not have legal custody. If you don't have legal custody that means you're not claiming them as a dependent. Instructions still specifically state for you to list these children.

But hey, what do I know? Go ahead and leave your child support payments off of your I-864. Let me know how it turns out.

[samnrong 52]

19 hours ago, erdosnew said:

thanks a lot guys!

 

I've answered questions on the forms to include both my child and my mom as suggested.  

 

I've collected all the information needed, employment letter, bank letter, w-2, 1040, IRS transcripts for the past 3 years etc, together with completed 134 form.

 

a couple more questions for the support affadavit:

1.  As i understand, i don't have to file a seperate 134 form for my fiancee's minor child since we've included the child as K-2, is that correct?

 

2.    is it ok to send the scanned copies of support affadvit to my fiancee in china to bring for the interview?  or i need to fedex the actual paper documents to her to bring for interview?

I would FedEx the actual copy. They may ask for original at the interview.

[visafrompa 9]

On 7/25/2019 at 1:23 PM, samnrong said:

The form is not asking for your dependents or your household members. It is asking how many other people you provide support for.

 

I like how you make up legal definitions that you think are right, when I post THE ACTUAL REQUIREMENT FROM THE FAM, DOCUMENTED AND CITED.  The term dependent has a specific legal definition.  USCIS doesn't get to make it up.  'Support' is not a legal term.  'Dependent' is.  And I posted where the FAM gets the definition of Dependent from.

 

 Really, PLEASE SHOW ME WHERE in the FAM you got your definition of 'support' or 'dependent'.  I got my info directly from the FAM.  You know, the book they use to process visas?

 

I posted the FAM.  I can't believe that you are going to argue the black letter law, FROM THE FAM.

Edited July 29, 2019 by visafrompa

[samnrong 52]

1 minute ago, visafrompa said:

 

I like how you make up legal definitions that you think are right, when I post THE ACTUAL REQUIREMENT FROM THE FAM, DOCUMENTED AND CITED.

 

Really, PLEASE SHOW ME WHERE WHAT YOU POSTED IS DOCUMENTED.  I got my info directly from the FAM.  You know, the book they use to process visas?

 

Your feelings are not the law.  I posted the FAM.  I can't believe that you are going to argure the black letter law, FROM THE FAM.

I’m posting directly from the form instructions. You know, that file that’s on the USCIS website under “instructions” for the I-864. Suggest you give it a read.

[visafrompa 9]

1 minute ago, samnrong said:

I’m posting directly from the form instructions. You know, that file that’s on the USCIS website under “instructions” for the I-864. Suggest you give it a read.

 

You've failed because you tried to use circular logic to define a term you can't otherwise define.  SUPPORT is not a legal term.  DEPENDENT is.  

 

Sorry that you cannot understand this fairly simple thing.  

 

Buy your logic, if I gave a begger $5, I supported him?  If I donate $20 to a homeless shelter I supported 50 women?  No.  Of course not.  Why?  Because the definition of support is not a legal term.  Dependent IS.  And they use the definition codified by the IRS because they refer to the 1040 and the number of dependents you listed.

 

Its not that hard.  I've done this a few times.  

[samnrong 52]

2 minutes ago, visafrompa said:

 

You've failed because you tried to use circular logic to define a term you can't otherwise define.  SUPPORT is not a legal term.  DEPENDENT is.  

 

Sorry that you cannot understand this fairly simple thing.  

 

Buy your logic, if I gave a begger $5, I supported him?  If I donate $20 to a homeless shelter I supported 50 women?  No.  Of course not.  Why?  Because the definition of support is not a legal term.  Dependent IS.  And they use the definition codified by the IRS because they refer to the 1040 and the number of dependents you listed.

 

Its not that hard.  I've done this a few times.  

Ok man. Look, the instructions specifically state the following:

 

This is taken directly from the instructions to the form posted on USCIS website.

 

You don't want to follow them then be my guest, but the instructions specifically do not state that the child must be a dependent. Moderators, can we close this thread please? All questions have been answered. No further responses are necessary.