Made a mistake on my K-1

[Robert & Van 0]

I just came across some information that I made a mistake in the paper work that was filed on my K-1 Petition.

I was just getting things cleaned up in my office and I was getting some info from the Affidavit of Support and noticed that The form that was required to submit was the Affidavit of Support I-134, But I submitted Affidavit of Support I-864 Which is for Immediate Relative and Family Preference Visas Not A K-1 Visa.

So what will happen now? Because on the form Affidavit of Support I-134 does not have a place to put my income of my 2005 taxes in. (I used my 2005 Tax return on the I-864 I made around 36,0000 I do allot of OT) Just my hourly income which is not enough to qualify for sponsoring for the K-1. the guide line would be 25,000.00 per year for a family of 4. But now I need to make 29,250.00 for a family of 5. . But my Company letter put my hourly wage on the letter not including the OT so that put me at 27,000.00. I have been a single parent of 3 Kids for the last 11 years. My oldest daughter moved out last year, When my son turns 18 it should not be a problem July 24th is his 18th birthday and he told me that He and his girlfriend were going to get there own place in August. So it will just me with My youngest daughter My fiancée and her daughter. on the I-134 do I need to list my son as a dependent once he turns 18 in July or do I need to wait until he moves out? if this is the case It shouldn't be a problem. I Hope that when my fiancée Gets her interview they will use my 2005 tax return. feel so Stupid at time's I need to slow down and get more organized . so now I will be filling out the I-134 and bring it to Vietnam in July.

Hey just got my bookings done today I leave on July 2nd for two weeks to Vietnam my 3rd trip in a Year.. Any one going there during this time?

[STL_HCMC 0]

Robert & Van,

I wouldn't guess that this will be a problem during this stage of the K-1 visa process. The affidavit of support form (I-134) isn't required until the interview stage of the visa journey. Perhaps the USCIS will set this aside and examine the evidence that is required for the initial submission of the I-129F petition.

However, as always, if something is unclear they should RFE you to clear matters up.

Just remember that it is the I-134 Affidavit of Support form that you will need to prepare and send to your fiancee for her interview.

Regarding the taxes issue, it would be my best guess that if your fiancee has her interview after the April 17th filing date for 2005 taxes, then the three years of transcripts that you would need to send her would be 2005, 2004 and 2003. I'm pretty sure the poverty income level in relation to household size is determined based upon the dependents claimed on your tax return. I hope someone else can confirm this or offer a more educated opinion for you.

I would also think the issue related to the overtime income might be that those amounts of income each year are not guaranteed income (hence why your employer didn't include them on the letter). The US Consulate might want to see the guaranteed sources of income you will have to determine the ability to satisfy the public charge issue.

Keep reading this board. There is a wealth of information on here to educate for further steps in the journey. I'm definitely not an expert on this though.

STL_HCMC

Edited April 4, 2006 by STL_HCMC

[Jasman0717 9]

The I-134 will be required for the interview. Just take one with you. I took one to Claudeth when I visited in March so it would be up-to-date for her June 3rd interview. Good luck

[dalegg 143]

The others have stated it. You didn't need the I-134 or I-864 with your petition packet. You'll get another chance soom enough.

[Icarus 0]

Hi Robert-

Looks like we'll probably be in HCMC at the same time, it'd be great to meet up with a fellow VJ'er. This will be my 3rd time in the last 15 months (for a total of 3 months!) and I can't wait to go back!! I haven't gotten any info on interview date, but looking at everyone else, I'm anticipating an early July target date.

Greg

[Robert & Van 0]

Well after reviewing some more information I think that I will be ok. I did not list any of my assets on the I-864. Anybody knows-- I know that there was a formula to find out if my assets were enough to sponsor for a K-1 but I not for Sure how that works.

Annual income with No OT 27,000.00

Family of 4 125% Minus My Son Due to age and Not living with me 25,000.00

Would make the min requirement

Family of 5 125% Added My Son even Though he will be 18 29,250.00

So that would put me 2,250 short of the min requirement

My house is apprised at 180,000

I Owe on 1st 119,000

I Owe on 2nd 20,000

Equity 41,000

99 Nissan Value at 4,500

62 Chevy Nova apprised 14,800

Savings 5,200

Total Assets 65,500.00

Hi Robert-

Looks like we'll probably be in HCMC at the same time, it'd be great to meet up with a fellow VJ'er. This will be my 3rd time in the last 15 months (for a total of 3 months!) and I can't wait to go back!! I haven't gotten any info on interview date, but looking at everyone else, I'm anticipating an early July target date.

Greg

Hey yea we should get together if we are there the same time. let me know when you are going I will give you Van's cell # so you can call and we can meet.

[Bruce and Han 0]

Well after reviewing some more information I think that I will be ok. I did not list any of my assets on the I-864. Anybody knows-- I know that there was a formula to find out if my assets were enough to sponsor for a K-1 but I not for Sure how that works.

Annual income with No OT 27,000.00

Family of 4 125% Minus My Son Due to age and Not living with me 25,000.00

Would make the min requirement

Family of 5 125% Added My Son even Though he will be 18 29,250.00

So that would put me 2,250 short of the min requirement

My house is apprised at 180,000

I Owe on 1st 119,000

I Owe on 2nd 20,000

Equity 41,000

99 Nissan Value at 4,500

62 Chevy Nova apprised 14,800

Savings 5,200

Total Assets 65,500.00

Hi Robert-

Looks like we'll probably be in HCMC at the same time, it'd be great to meet up with a fellow VJ'er. This will be my 3rd time in the last 15 months (for a total of 3 months!) and I can't wait to go back!! I haven't gotten any info on interview date, but looking at everyone else, I'm anticipating an early July target date.

Greg

Hey yea we should get together if we are there the same time. let me know when you are going I will give you Van's cell # so you can call and we can meet.

I would like to see what that 62 Nove looks like. Low miles or what?

[dalegg 143]

99 Nissan Value at 4,500

62 Chevy Nova apprised 14,800

Savings 5,200

Cost of 99 Nissan $4500

Cost of 62 Chevy $14,800

Cost of passing interview at HCMC- Priceless.

[Robert & Van 0]

here are a few photos of the Nova

[Robert & Van 0]

Thanks everbody who responded. After reviewing the I-134 Form it just asks for my annual income and it does not state anyplace about my hourly wage. (Beside the Employer letter) I will send my 2003,2004 and 2005 tax forms with 2 recent paystubs that they will show that my income is well above my hourly wage. And I can still list all my assest's.

[Bruce and Han 0]

here are a few photos of the Nova

Let me guess, The 62 Chevy goes to the daughter Right?

[Matt_Stevens 5]

Robert, first all, the Nova is kick @ss!!!!

Second, I read your and Van's story in your profile and it made me smile. Good for you, my man.

[Robert & Van 0]

here are a few photos of the Nova

Let me guess, The 62 Chevy goes to the daughter Right?

Nope!! Stays with me. My Daughter Christina Thought she was going to get it, But then My son Robby Thought That he was also. I think I will be 80 Before I give it up. I spent to much time and work into that car, Just today I Had to reseal my Intake Bolts, Replace the water Neck To a Cast Iron one, Replaced the Valve Cover Gaskets, Now it Rains

[Robert & Van 0]

Robert, first all, the Nova is kick @ss!!!!

Second, I read your and Van's story in your profile and it made me smile. Good for you, my man.

Thanks Matt,

I wasn't going to go back to Vietnam until after she get's her interview, But I just can't stay away. We miss each other so much. I was getting pretty Depressed not knowing when I will see her again. Like looking into the Future with no Date insight. Now I have something to look forward to July 2nd I go back and Stay for 2 Weeks. I flying cathay pacific out of SF Calif. I took them last July there realy good. Last Jan I took EVA Air, Not so good. cathay gives you your own T.V With First Run Movies and Some pretty good Shows.

Now they Changed the Processing Date for the K-1 NOA2 For me, Before 60-90 Days now its 80-110 Days.

2 Weeks look how quick yours was approved.

[menyoo 0]

I just came across some information that I made a mistake in the paper work that was filed on my K-1 Petition.

I was just getting things cleaned up in my office and I was getting some info from the Affidavit of Support and noticed that The form that was required to submit was the Affidavit of Support I-134, But I submitted Affidavit of Support I-864 Which is for Immediate Relative and Family Preference Visas Not A K-1 Visa.

So what will happen now? Because on the form Affidavit of Support I-134 does not have a place to put my income of my 2005 taxes in. (I used my 2005 Tax return on the I-864 I made around 36,0000 I do allot of OT) Just my hourly income which is not enough to qualify for sponsoring for the K-1. the guide line would be 25,000.00 per year for a family of 4. But now I need to make 29,250.00 for a family of 5. . But my Company letter put my hourly wage on the letter not including the OT so that put me at 27,000.00. I have been a single parent of 3 Kids for the last 11 years. My oldest daughter moved out last year, When my son turns 18 it should not be a problem July 24th is his 18th birthday and he told me that He and his girlfriend were going to get there own place in August. So it will just me with My youngest daughter My fiancée and her daughter. on the I-134 do I need to list my son as a dependent once he turns 18 in July or do I need to wait until he moves out? if this is the case It shouldn't be a problem. I Hope that when my fiancée Gets her interview they will use my 2005 tax return. feel so Stupid at time's I need to slow down and get more organized . so now I will be filling out the I-134 and bring it to Vietnam in July.

Hey just got my bookings done today I leave on July 2nd for two weeks to Vietnam my 3rd trip in a Year.. Any one going there during this time?

Robert & Van,

I might be there during this time, but depending on my fiancee interview date. I hope my fiance will get the interview date by July or August. That's the timeline I have in mind right now, but who knows when. Goodluck to you and your fiancee.