HELP!! Can I use aseet + foreign Tax Return Form 2555 to sponsor K1 Visa I-134?

[EatBulaga 315]

Just now, April Tian said:

Damn I was wishing assets could be counted 😭

Asset does count.

But current income is king.

As suggested, if you can't make it back to the US in time to find a job, you need to find a joint sponsor whose current income meets the requirement that includes you and your K1 beneficiary in the household total.

So by AOS I-864 time, if you have your own job income in the US that meets the 125% requirement, you can remove the joint sponsor.

[EatBulaga 315]

16 minutes ago, April Tian said:

Damn I was wishing assets could be counted 😭

I meant to add that you can try having your K1 beneficiary try to pass the interview on your assets alone, but do you really want to risk a denial or delay for more evidence after having waited so long?

[April Tian 1]

9 minutes ago, EatBulaga said:

I meant to add that you can try having your K1 beneficiary try to pass the interview on your assets alone, but do you really want to risk a denial or delay for more evidence after having waited so long?

Yeah its a tough choice

[meladee 160]

Based on this VJ page: "While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind."

For the I-864 criteria for using assets, see the section "If You Can’t Meet the Minimum Income Requirements" here.

Overall, I-134 is a tool that consular officers use to determine whether or not your fiance is likely to become a public charge in the United States. Like a lot of this process, it comes down to the judgement from the officer, which is unfortunately why no one can give you a 100% answer, and just point your toward options that maximise your chances of success. So stack the deck in your favour the best you can!

[April Tian 1]

6 minutes ago, meladee said:

Based on this VJ page: "While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind."

For the I-864 criteria for using assets, see the section "If You Can’t Meet the Minimum Income Requirements" here.

Overall, I-134 is a tool that consular officers use to determine whether or not your fiance is likely to become a public charge in the United States. Like a lot of this process, it comes down to the judgement from the officer, which is unfortunately why no one can give you a 100% answer, and just point your toward options that maximise your chances of success. So stack the deck in your favour the best you can!

Thanks a lot for the informations!! What a relief.

 

I was so confused with I-134 cuz my savings are enough for I-864 but somehow it feels that we wont be qualified for I-134 (sigh). Thinking of the result may much dependent on who my fiance meet in th consulate makes me really anxious😟

 

Thanks for replying, that gives another direction.

[EatBulaga 315]

4 hours ago, meladee said:

Based on this VJ page: "While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind."

For the I-864 criteria for using assets, see the section "If You Can’t Meet the Minimum Income Requirements" here.

Overall, I-134 is a tool that consular officers use to determine whether or not your fiance is likely to become a public charge in the United States. Like a lot of this process, it comes down to the judgement from the officer, which is unfortunately why no one can give you a 100% answer, and just point your toward options that maximise your chances of success. So stack the deck in your favour the best you can!

If I'm not mistaken,

I-134 income requirement is 100% of the poverty guidelines? But I can not find where USCIS states that?

https://www.uscis.gov/i-864p

I-864 income requirement is 125% of the poverty guidelines?

 

4 hours ago, April Tian said:

Thanks a lot for the informations!! What a relief.

 

I was so confused with I-134 cuz my savings are enough for I-864 but somehow it feels that we wont be qualified for I-134 (sigh). Thinking of the result may much dependent on who my fiance meet in th consulate makes me really anxious😟

 

Thanks for replying, that gives another direction.

So in the OP case who wants to qualify on assets alone using the I-864 requirement, then "you must prove the cash value of your assets is worth five times this difference (the amount left over)".

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

Without jumping into the exceptions, doing the math, assuming OP total assets are 100K with 0 in US income, and 125% of household of 2 is 24,650.

Difference is 24,650 - 0 = 24,650. Five times the difference is 5 * 24,650 = 123,250.

So for I-864, 100,000 < 123,250, is not enough.

For I-134, if the requirement is 100%, then using the same formula 5 * 19,720 = 98,600.

100,000 > 98,600, is borderline enough.

 

Did I do the math right?

 

Is this worth risking to the judgement of the consulate officer without a joint-sponsor or US income after waiting so long for the K1 interview?

 

Edited May 3, 2023 by EatBulaga

[April Tian 1]

2 hours ago, EatBulaga said:

If I'm not mistaken,

I-134 income requirement is 100% of the poverty guidelines? But I can not find where USCIS states that?

https://www.uscis.gov/i-864p

I-864 income requirement is 125% of the poverty guidelines?

 

So in the OP case who wants to qualify on assets alone using the I-864 requirement, then "you must prove the cash value of your assets is worth five times this difference (the amount left over)".

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

Without jumping into the exceptions, doing the math, assuming OP total assets are 100K with 0 in US income, and 125% of household of 2 is 24,650.

Difference is 24,650 - 0 = 24,650. Five times the difference is 5 * 24,650 = 123,250.

So for I-864, 100,000 < 123,250, is not enough.

For I-134, if the requirement is 100%, then using the same formula 5 * 19,720 = 98,600.

100,000 > 98,600, is borderline enough.

 

Did I do the math right?

 

Is this worth risking to the judgement of the consulate officer without a joint-sponsor or US income after waiting so long for the K1 interview?

 

i-864 for spouse would be 3x 125% instead of 5x.

 

 

 

[April Tian 1]

 i-864 for spouse would be 3x 125% instead of 5x. That's where I'm condused too, how come I-134 become tougher then I-864 when one suppose to sponsor someone for lifetime and the other should just sponsor for the 90 days visit?

 

If it's just math... that would be way easier lol we can make it 120k, theres some left in the Chinese Bank.

I'm more afraid in that "If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a co-sponsor for your spouse, even if your assets are adequate." part. Well but I do have a job.. it's just aint domestic.

 

I was searching on I-864 last night and found many in my situation and passed with asset only. It's just hard at the moment for me to find a joint sponsor😟 but if Igo back to find a job, we'll have to seperate for about 5 months😟 😟 😟

[meladee 160]

12 hours ago, EatBulaga said:

If I'm not mistaken,

I-134 income requirement is 100% of the poverty guidelines? But I can not find where USCIS states that?

There's no specific guidance -- this isn't explicity part of the K-1 visa requirements, but it's the format some consulates choose to use as evidence for the consular officer that they are not likely to become a public charge in the United States. (ref) That's why we defer to the requirements we know that will need to be satisfied later in the process.

 

9 hours ago, April Tian said:

Without jumping into the exceptions, doing the math, assuming OP total assets are 100K with 0 in US income, and 125% of household of 2 is 24,650.

3x for spouse, so 73,950 for a household of 2.

 

@April Tian Here is the actual field manual for how consular officers are supposed to review this requirement.

[April Tian 1]

@meladee thanks for the the actual field manual !!

 

I was able to find a friend to provide an offer letter for a job in US... hope asset + an offer letter can bring us through 🙏