Another I-134 Question

[Clarky and Tarah 0]

I just finished reading a ton of I-134 posts and I'm a little confused. Since I'm a student and only have a temporary job I don't make close to 125% of the poverty level, so I was going to have my parents as cosponsors. They make close to, but not over the required poverty level, but have quite a bit in assets. They own two homes, one of which currently has a lean against it. So I have a few questions.

1.) Will our incomes be combined or will they look only at my cosponsor's?

2.) Will the fact that my parent's home has a lean against it affect anything or will they just look at the other property that still values over 5 times the difference in income?

Thanks in advance everyone, you're all a big help. Sorry to bring up another I-134 question.

[YuAndDan 153]

1) They don't combine the financial date, they consider either you or your co-sponsor

2) They are not concerned with things like leans, just that the property could be sold quickly in case the asset needs to be converted to cash for support.

Also for for spousal visas the asset only need to be 3 times income, not 5 times.

[Clarky and Tarah 0]

Thanks for the really quick reply. So even if my cosponsor's income isn't above the level, if their assets are well above three times the difference everything should be ok?

Also, one more quick question. What about retired cosponsors? I remember reading about this before, but I'm couldn't find the post.

Thanks again.

[YuAndDan 153]

Retired co-sponsors are not a problem, they have an income from investments, again all they are concerned with is a steady income for the sponsor.

The embassy website in the UK has a lot of good info.

SEE:

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

http://london.usembassy.gov/cons_new/visa/.../visaforms.html

[Yodrak 7]

Clarky and Tarah,

You ask some interesting questions - I hope that you are not expecting definitive answers? Because there aren't any, until you get an answer from the consular officer who processes your fiance(e)'s visa application.

On to the issues:

1) I have posted in the past the opinion that there is no such thing as a "cosponsor" with respect to the K visas, in large part because such a thing is nowhere mentioned by DOS (or USCIS).They talk only about a sponsor. Beyond that, if none of the people in a group have incomes that exceed the poverty level, then how can the group as a whole exceed the poverty level? Doesn't sound like a good risk group - if each of the proposed sponsors are below the line for adequately taking care of their own, which of them has enough to contribute to taking care of one more? But there's nothing authoritative that I've seen that answers your question.

2) The value of an asset that can possibly be used is the asset's net value, so the lean on one of the properties does affect that asset's usefulness. Other factor's that affect an asset's usefullness is how quickly the asset can be turned into cash and, as a practical matter, how likely is it that the asset owner will be willing to turn it into cash. Would a property owner be willing to sell the property to use the money to support the immigrant? Would the property owner be willing to mortgage the property to support the immigrant? (And who would give them a mortgage if their financial condition was such that they needed the money for the support of an immigrant - where's the money going to come from to pay the mortgage loan?). Finally, recognize that there is no guideline for how to consider the value of assets v. income in the non-immigrant visa situation - the "5 times the difference" guideline that you refer to is for immigrant visas and adjustment of status, and need not necessarily be applied to a non-immigrant situation.

Based on the limited amount of information that you have provided, it appears that satisfying the financial requirements for the visa is the least of your problems. It does not appear that you have sufficient financial resources available to feed and clothe your fiance(e) when (s)he arrives in the USA. If you've got a realistic plan for doing that - you don't mention one - then put together a package that documents and supports your plan. The I-134 is only one piece of financial documentation that can be submitted to meet the public charge provisions of the law.  Submit a package of documentation, including I-134, that fits your plan, not the other way around.

Yodrak

I just finished reading a ton of I-134 posts and I'm a little confused. Since I'm a student and only have a temporary job I don't make close to 125% of the poverty level, so I was going to have my parents as cosponsors. They make close to, but not over the required poverty level, but have quite a bit in assets. They own two homes, one of which currently has a lean against it. So I have a few questions.

1.) Will our incomes be combined or will they look only at my cosponsor's?

2.) Will the fact that my parent's home has a lean against it affect anything or will they just look at the other property that still values over 5 times the difference in income?

Thanks in advance everyone, you're all a big help. Sorry to bring up another I-134 question.

Edited June 20, 2007 by Yodrak

[Yodrak 7]

YuAndDan,

3 times if a USC is sponsoring their spouse or minor child. 5 times for all other situations, and it is not the USC spouse's assets that are under consideration here.

Yodrak

.....

Also for for spousal visas the asset only need to be 3 times income, not 5 times.