Question about I-864

[Jas S 0]

Hi all, I have a quick question about the I-864 form.

First, here is my situation. Last year (2006) my wage was $18,815 (due to being unemployed). I have to sponsor my wife and my coming child, so I have to meet the $21,462 guideline.

Now the questions. How much minimum does my co-sponsor need to be making in order to be able to co-sponsor?

The friend who is co-sponsoring us made over $70k last year. He was employed this year up till August, and since then he has been unemployed. Would that effect anything? Would it be ok if he made a certain amount of money from January to August? If so, how much minimum?

Thanks for reading my questions and thank you in advance for your help. -Jas

[YuAndDan 153]

Are you employed NOW? and if so what is your income NOW?

[pushbrk 12,884]

Are you employed NOW? and if so what is your income NOW?

Yep, let's take this one step at a time. The sponsor you mention has no income. They need income enough to meet the 125% poverty guideline for their own household plus the intending immigrant. Currently unemployed will not cut it, if it comes to light.

It is far better for you to be the sponsor. Perhaps your current income is sufficient, even if 2006 wasn't. Or just get a second job so it is.

[Jas S 0]

Well my current income is $65,000. I had mentioned that and provided all the proof's for that. However, the counslor did not care about that and concentrated on the 2006 only.

[rebeccajo 14]

Did they say you needed a sponsor? Or were they just looking for last years tax return?

It's typical for the consulate in India to request copies of the 1040.

[Jas S 0]

Did they say you needed a sponsor? Or were they just looking for last years tax return?

It's typical for the consulate in India to request copies of the 1040.

Well I had supplied my 1040's. They said I need to do a co-sponsor and fill out I-864.

[rebeccajo 14]

Did they say you needed a sponsor? Or were they just looking for last years tax return?

It's typical for the consulate in India to request copies of the 1040.

Well I had supplied my 1040's. They said I need to do a co-sponsor and fill out I-864.

So she had the interview and the CO stated this? Did he confirm it with anyone else?

Were you there?

[pushbrk 12,884]

Well my current income is $65,000. I had mentioned that and provided all the proof's for that. However, the counslor did not care about that and concentrated on the 2006 only.

It's difficult to help you without a more complete picture of what is going on. If your current income is sufficient, they really should approve the visa.

Please tell us what happened at the interview as completely as possible. Also, when did you start your current job and what evidence of income did you show? I know you said "all" but I don't know what that means. We need a decent picture of the circumstances to give meaningful advice. The Consular Officer saw the whole picture. We haven't.

Where do things stand now, exactly. What was requested? Did you receive a blue slip? What did is say?

I also don't get why a Consular Officer would request an I-864 instead of I-134 for a K visa. It's actually not allowed to do so.

[Jas S 0]

Well my current income is $65,000. I had mentioned that and provided all the proof's for that. However, the counselor did not care about that and concentrated on the 2006 only.

It's difficult to help you without a more complete picture of what is going on. If your current income is sufficient, they really should approve the visa.

Please tell us what happened at the interview as completely as possible. Also, when did you start your current job and what evidence of income did you show? I know you said "all" but I don't know what that means. We need a decent picture of the circumstances to give meaningful advice. The Consular Officer saw the whole picture. We haven't.

Where do things stand now, exactly. What was requested? Did you receive a blue slip? What did is say?

I also don't get why a Consular Officer would request an I-864 instead of I-134 for a K visa. It's actually not allowed to do so.

Hi, I know you are the Guru at this. You have helped me in the past also. So here goes...

We had our interview today. After speaking to the Indian gentleman first, my wife was called up in front of the US Counselor. The gentleman asked her to take an oath and took finger prints. He went thru the various papers we had submited and after about 5 minutes he said everything looks good, except he needs an I-864. He said that for my 2006 they cannot use the unemployement as income. Please take a look at my 2006 tax return figures below. For my current, I am working 2 jobs. One job I am getting $30k and the other 35k. I submitted I-134 with Employment Verifications for both jobs and included 3-4 recent pay stubs for both them. I also included a letter from my bank manager and my balance in my checking showing over $5k.

He also said that we cannot go by the $17,112 requirement since my wife is 8 months pregnant and we have to go by the one for 2 people at $21,462. If you look at my wages for 2006 below, you can see that I still would have been able to sponsor my wife with my wages...however he put a wrench in with the requirement for 2 instead of 1. How can they count 2 extra people where there is only physically 1? In the end he handed over a letter which asks us to get a co-sponsor and fill out I-864.

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Anyhow, that is all that I think you might need in order to get the whole picture. Let me know if you need anything else.

PS I was there with her for the interview.

Edited November 1, 2007 by Jas S

[YuAndDan 153]

One thing more: Your profile indicates K-3, so why are we talking about I-864? K-3 uses I-134 at the consulate for the visa.

K-Visas use I-134.

I-864 is for Green-Cards, either through an immigrant visa (IR-1 CR-1) or adjusting status in the USA (I-485).

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

The only reason I would see an I-864 being used in a K-3 case is when the CR-1 (I-130) reaches the consulate shortly after the K-3, and the consulate dropping the K-3 in favor of the CR-1.

Edited November 1, 2007 by YuAndDan

[rebeccajo 14]

Jas -

India has some unique requirements regarding financial support that neither pshbrk nor I are that familiar with.

You might want to research this consulate a bit for familiar issues.

I do think some of the CO's requests are odd and that is why I asked you if he confirmed them with any of his peers or a supervisor.

One thing more: Your profile indicates K-3, so why are we talking about I-864? K-3 uses I-134 at the consulate for the visa.

K-Visas use I-134.

I-864 is for Green-Cards, either through an immigrant visa (IR-1 CR-1) or adjusting status in the USA (I-485).

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Because the CO asked him for it.

[pushbrk 12,884]

Well my current income is $65,000. I had mentioned that and provided all the proof's for that. However, the counselor did not care about that and concentrated on the 2006 only.

It's difficult to help you without a more complete picture of what is going on. If your current income is sufficient, they really should approve the visa.

Please tell us what happened at the interview as completely as possible. Also, when did you start your current job and what evidence of income did you show? I know you said "all" but I don't know what that means. We need a decent picture of the circumstances to give meaningful advice. The Consular Officer saw the whole picture. We haven't.

Where do things stand now, exactly. What was requested? Did you receive a blue slip? What did is say?

I also don't get why a Consular Officer would request an I-864 instead of I-134 for a K visa. It's actually not allowed to do so.

Hi, I know you are the Guru at this. You have helped me in the past also. So here goes...

We had our interview today. After speaking to the Indian gentleman first, my wife was called up in front of the US Counselor. The gentleman asked her to take an oath and took finger prints. He went thru the various papers we had submited and after about 5 minutes he said everything looks good, except he needs an I-864. He said that for my 2006 they cannot use the unemployement as income. Please take a look at my 2006 tax return figures below. For my current, I am working 2 jobs. One job I am getting $30k and the other 35k. I submitted I-134 with Employment Verifications for both jobs and included 3-4 recent pay stubs for both them. I also included a letter from my bank manager and my balance in my checking showing over $5k.

He also said that we cannot go by the $17,112 requirement since my wife is 8 months pregnant and we have to go by the one for 2 people at $21,462. If you look at my wages for 2006 below, you can see that I still would have been able to sponsor my wife with my wages...however he put a wrench in with the requirement for 2 instead of 1. How can they count 2 extra people where there is only physically 1? In the end he handed over a letter which asks us to get a co-sponsor and fill out I-864.

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Anyhow, that is all that I think you might need in order to get the whole picture. Let me know if you need anything else.

PS I was there with her for the interview.

I bolded the portions of my original answer that you didn't completely address. Please look at any paperwork the CO gave you and make certain it actually says I-864. Consulates are forbidden to use those for K visas because they are a binding contract with the sponsor. By the time you adjust status, you current employment will qualify you as the sponsor (I think it does now too.) so you would be the only person needing to be on the contractual hook.

If indeed, they are going to want the second sponsor then an unemployed sponsor can't state in the present tense that their income of X is derived from occupation Y. so won't qualify. You'll need a qualifying sponsor, if you can't get them to accept you. That's why I asked how long you've been on your current job(s). What are the jobs, by the way. That could be an issue too.

[Jas S 0]

Jas -

India has some unique requirements regarding financial support that neither pshbrk nor I are that familiar with.

You might want to research this consulate a bit for familiar issues.

I do think some of the CO's requests are odd and that is why I asked you if he confirmed them with any of his peers or a supervisor.

One thing more: Your profile indicates K-3, so why are we talking about I-864? K-3 uses I-134 at the consulate for the visa.

K-Visas use I-134.

I-864 is for Green-Cards, either through an immigrant visa (IR-1 CR-1) or adjusting status in the USA (I-485).

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Because the CO asked him for it.

You think I should go in tomorrow to the embassy and question it? Should I go and try to speak to a supervisor and ask why I am being asked for a I-864 when I already filled in a I-134 as required. Also if I am sponsoring my wife and my wages for 2006 are over $18k and for 2007 are 65k, why am I being asked to get a co-sponsor? What do you think? In the mean time I am getting my co-sponsor to sign the docs and he will courier them over to me today and then I can go with that I-864 on Monday to the embassy....

[rebeccajo 14]

I'm not sure I agree with pushbrk's ascertation that the consulate cannot ask you for the I864. But I do agree with him that what they want should be in writing.

I also agree with him that an unemployed sponsor doesn't cut it. That's material misrepresentation.

Should you go to the consulate for clarification? I don't know. Didn't they give you something in writing as to what they specifically want?

I wouldn't go so far as to say that India makes up the rules as they go along, but I do know (from my readings) that they sometimes request information other consulates don't.

[Jas S 0]

Well my current income is $65,000. I had mentioned that and provided all the proof's for that. However, the counselor did not care about that and concentrated on the 2006 only.

It's difficult to help you without a more complete picture of what is going on. If your current income is sufficient, they really should approve the visa.

Please tell us what happened at the interview as completely as possible. Also, when did you start your current job and what evidence of income did you show? I know you said "all" but I don't know what that means. We need a decent picture of the circumstances to give meaningful advice. The Consular Officer saw the whole picture. We haven't.

Where do things stand now, exactly. What was requested? Did you receive a blue slip? What did is say?

I also don't get why a Consular Officer would request an I-864 instead of I-134 for a K visa. It's actually not allowed to do so.

Hi, I know you are the Guru at this. You have helped me in the past also. So here goes...

We had our interview today. After speaking to the Indian gentleman first, my wife was called up in front of the US Counselor. The gentleman asked her to take an oath and took finger prints. He went thru the various papers we had submited and after about 5 minutes he said everything looks good, except he needs an I-864. He said that for my 2006 they cannot use the unemployement as income. Please take a look at my 2006 tax return figures below. For my current, I am working 2 jobs. One job I am getting $30k and the other 35k. I submitted I-134 with Employment Verifications for both jobs and included 3-4 recent pay stubs for both them. I also included a letter from my bank manager and my balance in my checking showing over $5k.

He also said that we cannot go by the $17,112 requirement since my wife is 8 months pregnant and we have to go by the one for 2 people at $21,462. If you look at my wages for 2006 below, you can see that I still would have been able to sponsor my wife with my wages...however he put a wrench in with the requirement for 2 instead of 1. How can they count 2 extra people where there is only physically 1? In the end he handed over a letter which asks us to get a co-sponsor and fill out I-864.

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Anyhow, that is all that I think you might need in order to get the whole picture. Let me know if you need anything else.

PS I was there with her for the interview.

I bolded the portions of my original answer that you didn't completely address. Please look at any paperwork the CO gave you and make certain it actually says I-864. Consulates are forbidden to use those for K visas because they are a binding contract with the sponsor. By the time you adjust status, you current employment will qualify you as the sponsor (I think it does now too.) so you would be the only person needing to be on the contractual hook.

If indeed, they are going to want the second sponsor then an unemployed sponsor can't state in the present tense that their income of X is derived from occupation Y. so won't qualify. You'll need a qualifying sponsor, if you can't get them to accept you. That's why I asked how long you've been on your current job(s). What are the jobs, by the way. That could be an issue too.

Hi, here is the letter: