USC Financial requirements

[Linababe 0]

Ok IM sorry its me yet again the big worrier I cant remember if i asked this on this board before so if I did i apologise

Im thinking about my american fiance's financial situation. According to the poverty guidelines for 2006 he should be earning for a family of 3 (his mum was down as dependant in this last tax claim, she is claiming disability and is waiting to hear so he has been supporting her) $20,750. According to his tax records he earnt around $32000 this last year so that means he can afford to support me and his mum. He doesnt get a salary so it is kinda hard to establish what he earns but thats the figure on his tax record. Anyways my question is - on paper it looks like he earns enough but in reality with all his debts and car payments and also paying his mum's hefty credit card bill and truck payments etc his bank account is in the RED most of the time. He has no savings or assetts. Will this cause a problem? I am hoping to have a large amount (approx $100,000, if im lucky!) from the sale of my house, can we use that ad show that we will have enough finance? If we need a co-sponsor it maybe difficult to get one

And to the bit about his mum being a dependant, he tells me she will only be a dependant until she waits for her disabilty claim to go through after that she will no longer be a dependant, is that true? (I dont understand all tat stuff about taxes etc lol

Any advice is very much apreciated, Thanking in advance

Lina (UKC)

[griffin 7]

GREETINGS!

2006 POVERTY GUIDELINES* (PASTED FROM USCIS.GOV)

Minimum Income Requirement for Use in Completing Form I-864

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam:

Sponsor's Household Size 100% Poverty Line 125% Poverty Line

2 13,200 16,500

3 16,600 20,750

4 20,000 25,000

5 23,400 29,250

6 26,800 33,500

7 30,200 37,750

8 33,600 42,000

Add $3,400 for each additional person Add $4,250 for each additional person

I HOPE IT HELPS!

GRIFFIN

[Linababe 0]

I HOPE IT HELPS!

GRIFFIN

umm yeah that helps but i already had that hence why i put that figure of $20,750 in my post for the family of 3. So that is the figure he has to show on the affidavit of support but it doesnt help with my question Thank you for trying lol

Lina (UKC)

[aussiewench 9]

Curious.......when you say he doesn't get a salary.....is it a business?

The I-134 is only one thing that a Conof can use to establish that an applicant wont become a public charge. Totality of circumstances will be looked at and every case is different.

Here's some reading......

Overcoming the Public Charge

While an applicant for a fiancé(e) visa is not required to file an affidavit of support (I-134), it is nevertheless useful in proving the applicant is not likely to become a public charge. The Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

An applicant for a fiancé(e) visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

the applicant has, or will have, personal funds in the U.S. sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;

the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;

relatives or friends in the U.S. will assure the applicant's support; or

a combination of the above circumstances.

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;

proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);

letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;

statement from insurance company showing policies held and present case surrender value;

proof of income from business investments or other sources.

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

Source

TOTALITY OF CIRCUMSTANCES

a. In making a determination regarding an alien's eligibility under INA

212(a)(4), a consular officer must consider, at a minimum, the alien's:

(1) Age;

(2) Health;

(3) Family status;

(4) Assets;

(5) Financial status and resources; and

(6) Education or skills.

b. These factors, and any other factors thought relevant by a consular

officer in a specific case, will make up the "totality of the circumstances"

that the officer must consider when making a public charge

determination. As noted in 9 FAM 40.41N3.2, a properly filed, nonfraudulent

Form I-864, Affidavit of Support Under Section 213A of the

Act, in those cases where it is required, should normally be considered

sufficient to meet the INA 212(a)(4) requirements and satisfy the “totality

of the circumstances” analysis. Nevertheless, the factors cited in 9 FAM

N4 above could be given consideration in an unusual case in which a

Form I-864 has been submitted and should be considered in non Form I-

864 cases.

Source

[Ladylethal 12]

Well, there´s always the co-sponsor idea, if he can get one.

[Linababe 0]

Curious.......when you say he doesn't get a salary.....is it a business?

The I-134 is only one thing that a Conof can use to establish that an applicant wont become a public charge. Totality of circumstances will be looked at and every case is different.

When i say he doesnt get a salary I mean he doesnt have a fixed annual salary. He is a cable tech and they get paid on the installations he does and any extras that are needed so basically its like piece work. So his salary can vary very week depending on how many jobs he does and what is entailed in the job. So as I say in this last tax year he did make £32,000 for the whole year and that is more than enough for the family of 3 so I am hoping that will be enough, but unfortunately his bank account is in the RED. Hopefully by the time it comes to our interview stage he would have paid off his car payments and will be able to save some money.

I understand for my interview im gonna need his affidavit of support, letter from employer (although he doesnt earn a salary it may only be estimated, but last years tax records show his income) and last bank statement - or is just a letter from the bank sufficient saying when the account was opened, how much goes in on an average month. We now probably may have a problem with the letter from bank because he is not happy with his bank right now (they overcharged him for uncleared funds which was silly cuz his pay went into the account and then he paid his bills so the money should be there!!- long story lol). As of last week he has stopped his pay going into his account and is looking at opening another bank account with another bank, so when he sends me stuff for my interview - say in the next 3 - 4 months - his new bank account will have recently been set up, could that be a problem?. Would he also need a letter from old bank?

Im sorry i tend to babble alot lol hope this makes sence

Ty for the reading im gonna read through it very thoroughly to make sense of it all

Lina (UKC)

[Jaylen Brit 0]

he can include the older stuff from his old bank as WELL as the new stuff to show continuity of earnings..

As for his 'debts'..someone will correct me Im sure but I think that they aren't interested in debts - just how much he 'earns'.

(I know how whacked that sounds but AFAIK thats the case)

[aussiewench 9]

he can include the older stuff from his old bank as WELL as the new stuff to show continuity of earnings..

As for his 'debts'..someone will correct me Im sure but I think that they aren't interested in debts - just how much he 'earns'.

(I know how whacked that sounds but AFAIK thats the case)

You would be correct JB They dont even appear to care if taxes aren't paid....only the income....I read that somewhere too

[motu 6]

In my opinion you are OK based on his income - expenses are not taken into account - otherwise 90% of us will never qualify! I for one did not submit any bank statements or asset statements because I was qualifying based on my income alone and did not have any problems getting K1 or at the AOS interview. And yes having a dependednt one year and not having them listed next year is quite common (many children do this - they claim a parent (or both) one year and then the other sibling claims them the next year and so on while they contribute equally to their support each year.) Good Luck

[Linababe 0]

In my opinion you are OK based on his income - expenses are not taken into account - otherwise 90% of us will never qualify! I for one did not submit any bank statements or asset statements because I was qualifying based on my income alone and did not have any problems getting K1 or at the AOS interview. And yes having a dependednt one year and not having them listed next year is quite common (many children do this - they claim a parent (or both) one year and then the other sibling claims them the next year and so on while they contribute equally to their support each year.) Good Luck

TY I get so confused with the tax system and I worry alot ok so final decision - WE'RE OK lol!!! My fella keeps telling me I worry so much - he is so calm about everything - as far as he is concerned our petition has been sent and recieved by Nebraska and he is just waiting for them to contact him to the next stage and he will deal with it then... where as I like to look things up, do research and go through the "What if's" scenario!! It feels so important to me that we get things right and plan for the worst thing that can happen, but he is so calm he keeps telling me "if something was wrong im sure they would let us know" gRRRRR men!! lol Im sorry for venting TY all for responses!

Lina (UKC)

[Kajikit 65]

Try not to panic about it. It sounds like your fiance is earning plenty of money to qualify... they don't ask about debts or ongoing expenses at all, just about income!