K1 Visa and U.S. unemployment benefits

[TONYLEFEVRE 0]

Greetings I wanted to know if unemployment income received during the 2020-2021 pandemic can considered when filing the I-864 Affidavit of support? I was furloughed during March of 2020 and went back to work part time in October 2020. I still receive partial unemployment due to my part time status, but I was wondering if I apply for the K1 visa, how will the income I received due to unemployment factor into the I-864? I would think they will not consider it since it was government money and the the I-864 is supposed to prove my ability to take care of myself and fiancé while here in the U.S. I told her I would pose the question in the forum just for her peace of mind. Thanks in advance for any responses.

[payxibka 10,047]

2 minutes ago, TONYLEFEVRE said:

Greetings I wanted to know if unemployment income received during the 2020-2021 pandemic can considered when filing the I-864 Affidavit of support? I was furloughed during March of 2020 and went back to work part time in October 2020. I still receive partial unemployment due to my part time status, but I was wondering if I apply for the K1 visa, how will the income I received due to unemployment factor into the I-864? I would think they will not consider it since it was government money and the the I-864 is supposed to prove my ability to take care of myself and fiancé while here in the U.S. I told her I would pose the question in the forum just for her peace of mind. Thanks in advance for any responses.

i864 is the wrong affidavit for a k1.  The I134 is appropriate and it is current income that is key, not historical

[TONYLEFEVRE 0]

Thanks for your response. Could you please explain a bit more? I will need the I-864 at some point would I not? Would that be after the wedding and adjusting her status?

[payxibka 10,047]

42 minutes ago, TONYLEFEVRE said:

Thanks for your response. Could you please explain a bit more? I will need the I-864 at some point would I not? Would that be after the wedding and adjusting her status?

I864 is adjustment of status.   Much can change between now and then as it relates to your income 

[Ellievibez 4]

Well if you did need it now, you would be able to file with it, as you filed your taxes with the 1099 from unemployment!

 

2 hours ago, TONYLEFEVRE said:

Thanks for your response. Could you please explain a bit more? I will need the I-864 at some point would I not? Would that be after the wedding and adjusting her status?

Granted you won’t need an i864, until after the wedding. The i864 is for the adjustment of status and only your most current taxes at the time are required. You have the option of including the last three years, but it’s just an option/

[TONYLEFEVRE 0]

On 3/4/2021 at 6:35 PM, payxibka said:

I864 is adjustment of status.   Much can change between now and then as it relates to your income 

Thank You

[TONYLEFEVRE 0]

On 3/4/2021 at 8:53 PM, Ellievibez said:

Well if you did need it now, you would be able to file with it, as you filed your taxes with the 1099 from unemployment!

 

Granted you won’t need an i864, until after the wedding. The i864 is for the adjustment of status and only your most current taxes at the time are required. You have the option of including the last three years, but it’s just an option/

Thanks.

[SalishSea 18,218]

On 3/4/2021 at 5:53 PM, Ellievibez said:

Well if you did need it now, you would be able to file with it, as you filed your taxes with the 1099 from unemployment!

 

Granted you won’t need an i864, until after the wedding. The i864 is for the adjustment of status and only your most current taxes at the time are required. You have the option of including the last three years, but it’s just an option/

Actually, it would not suffice, as unlike income from a job, unemployment eligibility expires.

[Ellievibez 4]

5 hours ago, Jorgedig said:

Actually, it would not suffice, as unlike income from a job, unemployment eligibility expires.

Can free housing be counted as income?

Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html
 

Well I received my information from this link, near the bottom. Unemployment eligibility expires, but not what you already earned on the 1099. 

[TONYLEFEVRE 0]

On 3/8/2021 at 11:09 PM, Jorgedig said:

Actually, it would not suffice, as unlike income from a job, unemployment eligibility expires.

Much appreciated.

[TONYLEFEVRE 0]

On 3/9/2021 at 4:57 AM, Ellievibez said:

Can free housing be counted as income?

Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html
 

Well I received my information from this link, near the bottom. Unemployment eligibility expires, but not what you already earned on the 1099. 

Could you elaborate a bit more on this? Are you saying that my unemployment income can be counted as earned income towards the initial application? Just asking. Thanks for posting.

[TONYLEFEVRE 0]

On 3/9/2021 at 4:57 AM, Ellievibez said:

Can free housing be counted as income?

Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html
 

Well I received my information from this link, near the bottom. Unemployment eligibility expires, but not what you already earned on the 1099. 

I guess the question would be. Can the unemployment benefits received in 2020 meet the requirements for the I-134 application filing. Thanks.

[SalishSea 18,218]

45 minutes ago, TONYLEFEVRE said:

I guess the question would be. Can the unemployment benefits received in 2020 meet the requirements for the I-134 application filing. Thanks.

It’s always based on current income.   Are you currently unemployed?

[TONYLEFEVRE 0]

On 3/10/2021 at 8:37 PM, Jorgedig said:

It’s always based on current income.   Are you currently unemployed?

I'm employed part time for now....Hopefully as the pandemic let's up I will be given more hours. Thanks.