K1 I 134 questions

[Purple_Paladin 8]

Still filling out this form...

 

So ... On my income tax return I technically do not meet requirements for the poverty level However I do meet them by my income considering the child support that I receive from my ex off-setting my own child dependents that are listed on the form. 

In other words, my own solo income isn't enough for my fiance, his daughter, and my 3 children. But the cost of my children is shared between myself and my ex through child support. 

 

1. How do I include proof of the child support as income since it isn't claimed on income tax and so not on income tax records? I was thinking I'd include a copy of my child support agreement and the deposits to my bank account. 

Would that be sufficient?

 

2. When filling out I-134, do I include my fiance's daughter under Part 2, Item 15 for "Provide the information requested in the table below about all of your dependents and any other individuals you financially
support. Do not include yourself and the beneficiary named in Part 3."

 

Or do I include her under Item 13 "How many other Form I-134, Form I-134A, Form I-864, Form I-864EZ, and Form I-864A have you previously submitted on
behalf of a person (including yourself, if applicable) and your support obligation has not ended? Do not include the beneficiary
named in Part 3." 

And do I file a separate I-134 for her (his daughter) to take to her embassy interview?

 

3. Part 3, Item 12 asks for the anticipated length of stay including a start date... What can I put here? I can't know when he will come until the K1 is approved and the idea is his length of stay is forever, as we'll be married... so what do I put?

How do I fill this part out?

 

4. When I input my own info in Part 2, Item 8: It asks for an A number (which I don't have because I'm an American citizen) and/or a USCIS number.

Should I have a USCIS number? Would that be the WAC receipt number listed on the Notice of Action form? Or would it be the one starting with PRS listed as a case number on the letter from the Dept. of State?

 

5. and final (I hope)

I saw on another thread someone mentioning the I-134 and their own financial issues and they received a response which mentioned that the beneficiary would not be able to work in the US for up to one year?

I hadn't seen anything regarding that. Is that accurate for all K1 fiances? They can't work for a year? I'm not rich. I just make enough to cover the requirement at 100% and I don't think I'll have enough to cover 125% until I graduate from nursing school. Are the fiances not given temporary working papers once they become spouses to cover them until they can adjust status? I hadn't understood this, if it's the case so I'm looking for clarification on this.

 

If he can work, we can definitely meet the requirements together. He has the equivalent of a BA in business. He also has a degree in personal training. It seems odd that they'd handicap us to meeting the requirements they put in place.

 

This thread also mentioned maybe the K1 wasn't the best option... what other options are there?

 

He has his embassy appointment next week, and he's bringing his daughter... so I'm really hoping for this route so that we're all good for both of them to come. 

 

Sorry for the TLDR and TIA for any info!

 

 

 

[Purple_Paladin 8]

21 minutes ago, Purple_Paladin said:

So ... On my income tax return I technically do not meet requirements for the poverty level However I do meet them by my income considering the child support that I receive from my ex off-setting my own child dependents that are listed on the form. 

In other words, my own solo income isn't enough for my fiance, his daughter, and my 3 children. But the cost of my children is shared between myself and my ex through child support. 

Just to clarify... I do meet the federal poverty guidelines on my own and with my children. Just not when 2 more dependents are added on to me... it's for that I need to include that the cost of supporting my children is aided by child support. It's also why we need him working asap to get to the 125% for the I-864... either that or I won't have it until I graduate and work as a nurse (in 2 years.)

[wildbug100420 178]

54 minutes ago, Purple_Paladin said:

Just to clarify... I do meet the federal poverty guidelines on my own and with my children. Just not when 2 more dependents are added on to me... it's for that I need to include that the cost of supporting my children is aided by child support. It's also why we need him working asap to get to the 125% for the I-864... either that or I won't have it until I graduate and work as a nurse (in 2 years.)

The petitioner will have to find a joint sponsor 

[Ontarkie 14,557]

Yes you can count the child support. How I'm not sure, but others may know. Wait for them to come around. 

 

Second it doesn't sound like the K1 is the right visa for you two. He will not be able to work for several months after he enters on the K1 and after you've applied for AOS and the EAD. 

If you need him working asap. The best way is the CR1 Visa.

Edited 19 hours ago by Ontarkie

[Purple_Paladin 8]

32 minutes ago, Ontarkie said:

Yes you can count the child support. How I'm not sure, but others may know. Wait for them to come around. 

 

Second it doesn't sound like the K1 is the right visa for you two. He will not be able to work for several months after he enters on the K1 and after you've applied for AOS and the EAD. 

If you need him working asap. The best way is the CR1 Visa.

I appreciate the response and the advice. I sincerely do, and I'm not discounting it.

 

Unfortunately, we're down to the wire here on 2 things... 

First: His embassy appointment is next week and we've already sunk a ton of money into this process.

Second, The CR1 Visa takes up to 15 months from what I've just read and his daughter is 19. He ( understandably) really wants to bring her with him and she might age out on the CR1... that's why we tried on the K1/K2 now instead of in 2 years when I've graduated... that and because we've been together 8 years now... and we'd like to finally get to live together.

 

Wouldn't filing the I-765 along with the I-485 AOS allow him to work? Do we not have any way to make this work? By the time he gets here it would likely be Sept. Then we'd have to marry and apply for the I-485 by end of November. 

 

Also... is there anyone that can answer my other questions? I need to finish filling out this form and I can't find anything that explains how to properly fill out these sections of the form. 

 

3 hours ago, Purple_Paladin said:

2. When filling out I-134, do I include my fiance's daughter under Part 2, Item 15 for "Provide the information requested in the table below about all of your dependents and any other individuals you financially
support. Do not include yourself and the beneficiary named in Part 3."

 

Or do I include her under Item 13 "How many other Form I-134, Form I-134A, Form I-864, Form I-864EZ, and Form I-864A have you previously submitted on
behalf of a person (including yourself, if applicable) and your support obligation has not ended? Do not include the beneficiary
named in Part 3." 

And do I file a separate I-134 for her (his daughter) to take to her embassy interview?

 

3. Part 3, Item 12 asks for the anticipated length of stay including a start date... What can I put here? I can't know when he will come until the K1 is approved and the idea is his length of stay is forever, as we'll be married... so what do I put?

How do I fill this part out?

 

4. When I input my own info in Part 2, Item 8: It asks for an A number (which I don't have because I'm an American citizen) and/or a USCIS number.

Should I have a USCIS number? Would that be the WAC receipt number listed on the Notice of Action form? Or would it be the one starting with PRS listed as a case number on the letter from the Dept. of State?

 

5. and final (I hope)

I saw on another thread someone mentioning the I-134 and their own financial issues and they received a response which mentioned that the beneficiary would not be able to work in the US for up to one year?

I hadn't seen anything regarding that. Is that accurate for all K1 fiances? They can't work for a year? I'm not rich. I just make enough to cover the requirement at 100% and I don't think I'll have enough to cover 125% until I graduate from nursing school. Are the fiances not given temporary working papers once they become spouses to cover them until they can adjust status? I hadn't understood this, if it's the case so I'm looking for clarification on this.

 

Thanks everyoone for your help! 

 

 

[Purple_Paladin 8]

2 hours ago, wildbug100420 said:

The petitioner will have to find a joint sponsor 

I do own my home and have about 130k of equity in it. Would including that as an 'asset' work in leiu of joint- sponsorship?

 

[wildbug100420 178]

45 minutes ago, Purple_Paladin said:

I do own my home and have about 130k of equity in it. Would including that as an 'asset' work in leiu of joint- sponsorship?

 

No because it's difficult to ascertain the value of the assets 

[Purple_Paladin 8]

41 minutes ago, Purple_Paladin said:

I do own my home and have about 130k of equity in it. Would including that as an 'asset' work in leiu of joint- sponsorship?

I'm literally only short less than 5k per year for the 125% so I'm really wondering if the asset of my home would work here. 

[SalishSea 18,225]

1 minute ago, Purple_Paladin said:

I'm literally only short less than 5k per year for the 125% so I'm really wondering if the asset of my home would work here. 

No.   You can’t use the home where the intending immigrant is to live.   
 

Also-  it could be 6-12 months before he is allowed to work.

 

While an income shortfall may not be a big deal to you for the I-134, have you looked at the requirements for actually adjusting status?

 

Sounds like you’ll need a joint sponsor.

[wildbug100420 178]

12 minutes ago, Purple_Paladin said:

I'm literally only short less than 5k per year for the 125% so I'm really wondering if the asset of my home would work here. 

Some embassies don't even ask for the I 134 at the interview but you will definitely need the 864. If you don't comfortably meet the income requirement you'll deal with an rfe 

[Purple_Paladin 8]

5 minutes ago, SalishSea said:

No.   You can’t use the home where the intending immigrant is to live.   
 

Also-  it could be 6-12 months before he is allowed to work.

 

While an income shortfall may not be a big deal to you for the I-134, have you looked at the requirements for actually adjusting status?

 

Sounds like you’ll need a joint sponsor.

Are you referring to the fact that the AOS requires 125% rather than 100%? That's what I'm referring to as well. I already meet the requirements for the 100% and, honestly, considering the low amount that I'm short to reach 125%, I might actually be at that by the time we get to that point. My hospital has recently been bought out by a bigger network and we're expected to get increases.

 

Also, on the I-134 form instructions it states that you can use your home equity as an asset. 

 

Does a joint sponsor have to meet the requirement of covering the 125% of the entirety of my household plus their own, or just their own household and the 2 immigrants? 

[Purple_Paladin 8]

8 minutes ago, wildbug100420 said:

Some embassies don't even ask for the I 134 at the interview but you will definitely need the 864. If you don't comfortably meet the income requirement you'll deal with an rfe 

I understand. From what I've read, the documentation that I've already assembled plus a certified property appraisal should suffice for that though.

 

[Ontarkie 14,557]

2 hours ago, Purple_Paladin said:

I appreciate the response and the advice. I sincerely do, and I'm not discounting it.

 

Unfortunately, we're down to the wire here on 2 things... 

First: His embassy appointment is next week and we've already sunk a ton of money into this process.

Second, The CR1 Visa takes up to 15 months from what I've just read and his daughter is 19. He ( understandably) really wants to bring her with him and she might age out on the CR1... that's why we tried on the K1/K2 now instead of in 2 years when I've graduated... that and because we've been together 8 years now... and we'd like to finally get to live together.

 

Wouldn't filing the I-765 along with the I-485 AOS allow him to work? Do we not have any way to make this work? By the time he gets here it would likely be Sept. Then we'd have to marry and apply for the I-485 by end of November. 

 

Also... is there anyone that can answer my other questions? I need to finish filling out this form and I can't find anything that explains how to properly fill out these sections of the form. 

 

 

Thanks everyoone for your help! 

 

 

Ahh, I didn't realize you're already at the end. Sorry dyslexia and when I read fast I miss chucks. 

Yes the K1 is much better with the older kids. 

No filling the alone does not give him work authorization. The EAD needs to be approved for him to be able to work. 

 

[appleblossom 3,341]

18 hours ago, Purple_Paladin said:

Second, The CR1 Visa takes up to 15 months from what I've just read and his daughter is 19. He ( understandably) really wants to bring her with him and she might age out on the CR1... 

 

It’s not a case of her aging out on the CR1, she couldn’t come with her parent at all. There are no dependents for a CR1, she’d need you to file a I-130 for her - and that’s only possible if you married her father before she turned 18 which you obviously haven’t if she’s 19 now. So the only option would be for your husband to petition her after he’s arrived in the US on his immigrant visa, and it will then take many more years after that before she gets her own immigrant visa. So if you want her to come with your spouse, you absolutely have to stick with the K1.

Edited 1 hour ago by appleblossom