K1 Affidavit of Support using a Co-Sponsor. Not enough Income?

[Giodude 40]

Hey guys, so we transferred our case to Warsaw, Poland from Russia and I'm preparing the documents that we need for the interview. We don't have a date yet, but I am already getting started. I have a few questions about the Affidavit of Support since it seems we will use my dad as a Co-Sponsor. As things stand, my dad will have 3 dependents with my fiancee included, but there are 4 people currently living here not including my fiancee. On his taxes he only has 2 dependents and files "Married Filing Jointly." So, I'm assuming he will have 3 dependents with my fiancee included is that correct or is it 4 with my mom and dad, I'm confused here? 😵

2. If it's 3 dependents, he should be making a minimum of $27,450. If he doesn't make that much, he owns several cars and his own house. How can we show proof of this? 🤔 What documents do we need then?

3. As far as I know, we should take this i-134 form( both mine and my Dads-The Co-Sponsor), copy of his tax returns and any assets to make up for the amount needed to the interview? I started working for him this year, but he pays me in cash. So. I don't have checks to show proof of income. That's why I'm nervous about this, but he does have assets to show. I myself became a Real Estate Agent, but haven't made any income from this.

Thanks for reading and for your help.

 

[Boiler 45,476]

You know you need to submit your tax returns?

 

Sounds like 5 but difficult to tell.

 

Does he have an investment property or is this the House he lives in.

[KayDeeCee 4,893]

3 hours ago, Giodude said:

Hey guys, so we transferred our case to Warsaw, Poland from Russia and I'm preparing the documents that we need for the interview. We don't have a date yet, but I am already getting started. I have a few questions about the Affidavit of Support since it seems we will use my dad as a Co-Sponsor. As things stand, my dad will have 3 dependents with my fiancee included, but there are 4 people currently living here not including my fiancee. On his taxes he only has 2 dependents and files "Married Filing Jointly." So, I'm assuming he will have 3 dependents with my fiancee included is that correct or is it 4 with my mom and dad, I'm confused here? 😵

2. If it's 3 dependents, he should be making a minimum of $27,450. If he doesn't make that much, he owns several cars and his own house. How can we show proof of this? 🤔 What documents do we need then?

3. As far as I know, we should take this i-134 form( both mine and my Dads-The Co-Sponsor), copy of his tax returns and any assets to make up for the amount needed to the interview? I started working for him this year, but he pays me in cash. So. I don't have checks to show proof of income. That's why I'm nervous about this, but he does have assets to show. I myself became a Real Estate Agent, but haven't made any income from this.

Thanks for reading and for your help.

 

1. Just because someone lives in the same house, does not mean they must be counted in the household size for affidavit of support. Only the spouse and dependents listed on most recent tax return. I-134 doesn't have great instructions, but the I-864 instructions tell you how to count household size. It sounds like 5 perhaps, himself, wife, 2 dependents and person being sponsored.

 

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support.

 

2. Household of 5 will need $38,800 > https://www.uscis.gov/i-864p

 

3. Do you file taxes on the income from your father? Anyway to prove that income? If so, list on your I-134 and provide your proof. And yes, he provides his most recent tax return(and previous years if it will help prove his income) and any other documentation for other income/assets. 

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

 

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Edited June 15, 2021 by KayDeeCee

[Giodude 40]

3 hours ago, Boiler said:

You know you need to submit your tax returns?

 

Sounds like 5 but difficult to tell.

 

Does he have an investment property or is this the House he lives in.

He owns his own house. Meaning the house we live in and a few cars.

[Giodude 40]

2 hours ago, KayDeeCee said:

1. Just because someone lives in the same house, does not mean they must be counted in the household size for affidavit of support. Only the spouse and dependents listed on most recent tax return. I-134 doesn't have great instructions, but the I-864 instructions tell you how to count household size. It sounds like 5 perhaps, himself, wife, 2 dependents and person being sponsored.

 

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support.

 

2. Household of 5 will need $38,800 > https://www.uscis.gov/i-864p

 

3. Do you file taxes on the income from your father? Anyway to prove that income? If so, list on your I-134 and provide your proof. And yes, he provides his most recent tax return(and previous years if it will help prove his income) and any other documentation for other income/assets. 

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

 

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

He included me in his taxes for 2020. Something happened and I was included as a dependent for 2020 as well as my sister.

I have been working with him this year and he pays me cash. I was thinking maybe he needs to write a paper or something stating that I work with him and the monthly payment I receive. I don't know really.

As for assets, he owns 4 cars and owns the house. Just pays the taxes and insurance.

What documents exactly do I need to show for proof of assets?

[Boiler 45,476]

If you live there it is not available to be used for sponsorship.

[KayDeeCee 4,893]

3 hours ago, Giodude said:

He included me in his taxes for 2020. Something happened and I was included as a dependent for 2020 as well as my sister.

I have been working with him this year and he pays me cash. I was thinking maybe he needs to write a paper or something stating that I work with him and the monthly payment I receive. I don't know really.

As for assets, he owns 4 cars and owns the house. Just pays the taxes and insurance.

What documents exactly do I need to show for proof of assets?

Current annual income is the most important thing to show. He can provide a statement saying he pays you x amount monthly to work for him, but that alone is not going to prove anything. Do you have a bank account that you use and deposit the monthly amounts he pays you? If so, then his statement along with bank statements showing the x amount he pays being deposited each month would be a lot more helpful. Anyone could say they are paying you however much. You need the documentation showing that to be true.

 

A home you reside in can technically be used, but it is hit or miss, so most certainly don't rely on that to get you by. You would need to show the home's net value is large enough for it to be sold within a year without causing undue hardships. So, would the CO be convinced that he could sell the home you all live in and have enough cash from that sale to pay off debt plus afford another place for you all to live? See this thread for another discussion about the home as an asset and what documentation you could provide. > https://www.visajourney.com/forums/topic/764158-using-a-home-as-an-asset-for-joing-sponsor/

 

As for vehicles, you will need to show proof of ownership, liens and value, perhaps with kbb.com or other such sites/companies of that nature. You can do a search here on VJ. I'm sure there are threads about documenting the value of vehicles.

 

Savings, stocks, bonds, and the like would be better to show if available.

 

Also, research about the consulate you will be going through. Some are more strict than others when it comes to the affidavits of support in general and for using assets. You will also need to think ahead to filing for AOS when you will need the I-864 and be in this position once more, but your father will be signing something more concrete, if still using him as joint sponsor.

 

[Giodude 40]

On 6/15/2021 at 10:19 PM, KayDeeCee said:

Current annual income is the most important thing to show. He can provide a statement saying he pays you x amount monthly to work for him, but that alone is not going to prove anything. Do you have a bank account that you use and deposit the monthly amounts he pays you? If so, then his statement along with bank statements showing the x amount he pays being deposited each month would be a lot more helpful. Anyone could say they are paying you however much. You need the documentation showing that to be true.

 

A home you reside in can technically be used, but it is hit or miss, so most certainly don't rely on that to get you by. You would need to show the home's net value is large enough for it to be sold within a year without causing undue hardships. So, would the CO be convinced that he could sell the home you all live in and have enough cash from that sale to pay off debt plus afford another place for you all to live? See this thread for another discussion about the home as an asset and what documentation you could provide. > https://www.visajourney.com/forums/topic/764158-using-a-home-as-an-asset-for-joing-sponsor/

 

As for vehicles, you will need to show proof of ownership, liens and value, perhaps with kbb.com or other such sites/companies of that nature. You can do a search here on VJ. I'm sure there are threads about documenting the value of vehicles.

 

Savings, stocks, bonds, and the like would be better to show if available.

 

Also, research about the consulate you will be going through. Some are more strict than others when it comes to the affidavits of support in general and for using assets. You will also need to think ahead to filing for AOS when you will need the I-864 and be in this position once more, but your father will be signing something more concrete, if still using him as joint sponsor.

 

Thanks. I'll keep this thread updated.

[Giodude 40]

So as I understood, my Co-Sponsor and I will need to fill out 2 I-134 Affidavit of Support and attach all supporting documents?

[SalishSea 17,820]

1 hour ago, Giodude said:

So as I understood, my Co-Sponsor and I will need to fill out 2 I-134 Affidavit of Support and attach all supporting documents?

Yep.  And same with the I-864s when it comes time to AOS.

[KayDeeCee 4,893]

4 hours ago, Giodude said:

So as I understood, my Co-Sponsor and I will need to fill out 2 I-134 Affidavit of Support and attach all supporting documents?

Yes, you as the sponsor must provide an I-134 and any supporting documentation, even if you do not meet the income requirements. Your joint sponsor will fill out their own I-134 and provide their financial documentation. 

[Giodude 40]

8 minutes ago, KayDeeCee said:

Yes, you as the sponsor must provide an I-134 and any supporting documentation, even if you do not meet the income requirements. Your joint sponsor will fill out their own I-134 and provide their financial documentation. 

Thanks for the quick response! 🙏

[Giodude 40]

3 hours ago, Jorgedig said:

Yep.  And same with the I-864s when it comes time to AOS.

Appreciate the quick response!

[KayDeeCee 4,893]

6 minutes ago, Giodude said:

Thanks for the quick response! 🙏

You are welcome. Good luck!

[Giodude 40]

On 6/27/2021 at 5:42 PM, KayDeeCee said:

You are welcome. Good luck!

Hey, does the Co-Sponsor need to provide bank statements and if yes, will it be 1 document for each month in 2020? I'll be using my friend as he makes enough. Just want to know what else I need from him besides his tax returns.
Thanks.