Risks & Consequences for a K1 joint sponsor

[Mixel96 8]

Hello,

 

We just received our NVC case number and are in some confusion currently. My fiancé (petitioner) does not meet the income requirements for the I-134 yet, as she only starts her full time job in September. She can list around 10k on the I-134.

 

Now we are in between two options for a joint sponsor.

 

1. Married couple (friends of us, hosehold of 2)

• each of them made around 20k on last 1040 tax return.
• They filed their taxes jointly, would we include their combined income (40k) on a separate I-134?
• If just one of them can be the sponsor, are the 20k income then combined with my fiancé's 10k ? (=30k in total, meaning well above the poverty guidelines)

 

2. her sister (different household)

• she makes more than enough,  although she is worried if it affects her chances of buying a house and a new car once she becomes my K1 sponsor.
• Could being my sponsor it affect her in any way? Assuming I do not need any of her financial resources obviously.

 

Some insight here would be appreciated.

 

 

 

Edited July 29 by Mixel96
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[JeanneAdil 6,489]

Affidavit of Support

USCIS (.gov)

https://www.uscis.gov › green-card › affidavit-of-supp...

 

 

Mar 19, 2021 — If your relative is either a K-1 fiancé(e) ... You cannot combine your income with that of a joint sponsor to meet the income requirement.

[Boiler 45,445]

i 134 is unenforcable

[JeanneAdil 6,489]

the income for I 864 is 125%  and is enforceable

buying a house will depend on income,  length of time at USC job,  down payment,  credit history and a lot of other factors

immigration does not play a part

 

As per another post the new spouse will not have an US income, credit history and will not be on the mortgage till that is acquired but can be on the deed.

BTW it is expensive to go thru the AOS process /you need to look up the cost 

[Mixel96 8]

On 7/29/2024 at 10:12 PM, Mixel96 said:

 

 

 

1. Married couple (friends of us, hosehold of 2)

• each of them made around 20k on last 1040 tax return.
• They filed their taxes jointly, would we include their combined income (40k) on a separate I-134?
• If just one of them can be the sponsor, are the 20k income then combined with my fiancé's 10k ? (=30k in total, meaning well above the poverty guidelines)

 

Does someone have some insight on this aspect? Would their income be combined as they file their taxes jointly and share the same bank account?
I got the part that it would not be combined with my fiancé's income.

 

 

On 7/30/2024 at 2:44 AM, Boiler said:

i 134 is unenforcable

Meaning that it should not affect her in any way? Is there any official information on this? I couldn't find any.. 

 

 

On 7/30/2024 at 3:48 PM, JeanneAdil said:

the income for I 864 is 125%  and is enforceable

buying a house will depend on income,  length of time at USC job,  down payment,  credit history and a lot of other factors

immigration does not play a part

 

As per another post the new spouse will not have an US income, credit history and will not be on the mortgage till that is acquired but can be on the deed.

Okay, then in the case of a K1 visa with I-134 it does not play a part either, good to know.

 

Thank you for your responses, very kind.  

[Boiler 45,445]

I self sponsored my I 134, I am sure there is info out there on the web.

[Mixel96 8]

17 hours ago, Boiler said:

I self sponsored my I 134, I am sure there is info out there on the web.

Only thing I could find was that when the joint sponsor is a married couple and files everything jointly, their income can be counted together. Then Form I-864A needs to be filled out additionally by one of them. However, this form is attached to the I-864 financial support form, which in return is not part of the K1 process.. 

[Mixel96 8]

I have another question regarding assembling the I134f form with a joint sponsor. If the joint sponsor starts a new job in September and earns around 45k yearly there, do we put that amount down on the I-134f? Or the amount listed in the most recent tax return?

[Crazy Cat 41,810]

19 minutes ago, Mixel96 said:

I have another question regarding assembling the I134f form with a joint sponsor. If the joint sponsor starts a new job in September and earns around 45k yearly there, do we put that amount down on the I-134f? Or the amount listed in the most recent tax return?

Unless a person is self-employed, current income is not determined by what was reported on a tax return.  It is determined by the current gross pay multiplied by the number of pay periods in a year.

[Mixel96 8]

29 minutes ago, Crazy Cat said:

Unless a person is self-employed, current income is not determined by what was reported on a tax return.  It is determined by the current gross pay multiplied by the number of pay periods in a year.

Ok great, thank you. Meaning if he as a fixed salary per year, we can put that number down?

[Crazy Cat 41,810]

2 hours ago, Mixel96 said:

Ok great, thank you. Meaning if he as a fixed salary per year, we can put that number down?

Yes.

[Mixel96 8]

On 8/5/2024 at 5:53 PM, Crazy Cat said:

Yes.

Okay thank you so much. Just to make sure again, because I have been reading different approaches to this.

 

We are now using one individual from that married couple as the joint sponsor. He made 21k on his last tax return. His new job has a set salary of 45k yearly. He just started that new job. 

My fiancée made 11k on her latest tax return and starts her new job with a salary of 54k this September. 

 

-So for my fiancée's I-134 we put down 54k for sponsor’s income in Part 3 Question #14, correct?

She stays at her parents house currently with both parents and her sister. Do we list them on the form as well? From my understanding, no.

 

-For the joint sponsor's I-134 we put down 45k in the income table, correct?

He lives with his spouse, household of two. Do we list the spouse on the form as well?

 

The reason I am asking again are these two informations I found:

 

"The same analysis is used when reporting the sponsor’s income in Part 3 Question #14. Enter the name of the sponsor, all dependents, their date of birth, and the dependents’ relationship to the sponsor. Indicate the sponsor’s income and apportion it among the dependents and the sponsor. Enter the number of dependents and the total income. It is important that the sponsor not include any income or financial support the sponsor intends to provide to the beneficiary. That information is entered in Part 3 Question #21."

 

"Your current income is the gross amount you expect to earn this year. If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. However, if you started the year unemployed and began working on May 1, your current income would likely be approximately $24,000. (That’s because 8 of 12 months would be ¾ of $36,000.) Don’t confuse current income with your tax return. Your tax return shows a history of your income."

[Boiler 45,445]

USCIS use normal definitions

 

If you earn say $4k a month your current income is $48k a year.

 

Are her parents and sister her dependents?

[Mixel96 8]

13 hours ago, Boiler said:

USCIS use normal definitions

 

If you earn say $4k a month your current income is $48k a year.

 

Are her parents and sister her dependents?

okay, thank you.

 

No, they are not.