i-134 - To List As Partial Dependent?

[ShayrineC 43]

Hi all! Fiance and I have a dilemma that we couldn't think our way out of. Was hoping someone here have some insight.

 

Context - Fiance will only make 125% of FPL in 2019. Tax returns for 2017 and 2018 are less than 125%. Hence, to play it safe, we are getting his dad to help by co-sponsoring our petition. 

 

Fiance's Dad fills out the i-134 form, but includes my fiance as a (partial) dependent, even though his dad does not list fiance on tax returns or claim deductions on fiance. His idea is that, because my fiance lives in his house rent-free, he should therefore be listed as a partial dependent.

 

Having scoured the internet, I have seen conflicting info - some say that only dependents listed on tax returns should be included, whereas others say its open to interpretation.

 

What do you guys think?

 

For me, I am concerned that listing Fiance as partial dependent may be a disadvantage in the eyes of the consulate interviewing officer, as this could indicate that he is not self-sufficient enough.

 

Any help would be greatly appreciated!

 

 

[Hank_ 9,174]

Dad is wrong to list the petitioner (son).  He should list you and other actual dependents.

[ShayrineC 43]

Thanks @Hank_!

 

He has no other dependents. I did not know that the K1 beneficiary should be included in that section though.

 

So I should be listed as a dependent since I am looking to be co-sponsored by him under i-134, even though I do not currently depend on him for support?

 

He did state in Part 3, Q38 that he intends to make specific contributions to listed beneficiary (me), and supplemented in part 7 that he intends to provide room and board for a year.

[JeanneAdil 6,505]

only need 100% for K1  

125% needed for AOS after marriage

[visafrompa 9]

14 hours ago, ShayrineC said:

but includes my fiance as a (partial) dependent,

Why would he claim something that does not exist?  You either provide support or you don't.  

 

 

14 hours ago, ShayrineC said:

Fiance will only make 125% of FPL in 2019

 

2018 are the numbers you need to use.  

 

14 hours ago, ShayrineC said:

Tax returns for 2017 and 2018 are less than 125%

2017 is irrelevant.  For I-134F the number is 100%.  Did he make 100% 

 

14 hours ago, ShayrineC said:

my fiance lives in his house

That doesn't matter.  The age does:

 

The child must be 18 or younger at the end of the year, or under 24 if a student. To be a student, the child must have attended school full-time during at least five months of the year. The five months don’t have to be in a row.

 

So the fiance is 19 and not going to school they are not an IRS dependent, and therefore not a dependent on the I-129F

[ShayrineC 43]

1 hour ago, visafrompa said:

Why would he claim something that does not exist?  You either provide support or you don't.  

Fiance's dad thinks that support in this case means letting him live rent-free in his house.

 

2018 are the numbers you need to use.  

2017 is irrelevant.  For I-134F the number is 100%.  Did he make 100% 

Fiance made 100% in 2018, but current income will clear 125%. Read that current income is more important than previous year's. Is that correct?

 

That doesn't matter.  The age does:

The child must be 18 or younger at the end of the year, or under 24 if a student. To be a student, the child must have attended school full-time during at least five months of the year. The five months don’t have to be in a row.

So the fiance is 19 and not going to school they are not an IRS dependent, and therefore not a dependent on the I-129F

That is actually very detailed information. Do you happen to have a source for this? Need material to convince Fiance's dad that this is the case.

Thanks for the detailed reply @visafrompa! I included some comments in red on the above, would be really appreciated if you can comment further on it.

Edited September 4, 2019 by ShayrineC

[GSKhanuja 4]

Hi guys,

 

My fiance does not meet the required income of 100% right now but she has some assets like a property and owns an extra car. How can I show the value of both and what the proofs I need to show while appearing for the interview. 

 

I have also heard that the CO looks into the assets more detailed if the persons declares to do so and will that create any reason for a denial due to income?