Form 134 - Is it mandatory? How much money is enough?

[dwinchka123 0]

Hello! We are getting our papers together in preparation for his (my fiance´s) K1 Visa Interview. I would really appreciate some help about a question - Form 134-I Affidavit of Support.

From what we understood from the mailing that the US Embassy sent us, it seemed that this form was optional. Our understanding was that if we think my finace has enough money to prove that he will be economically stable until he finds a suitable job in the United States, that we don´t need to fill out this form. Moreover, if we think he has enough money saved to support himself, we don´t need to ask a third party (ie: my parents) to sign off as our economic support on the 134-I.

However, from research on other webpages, it seems that the 134-I form is mandatory for every applicant. Is that so?

Furthermore, who knows what would be enough money (specifically, in a concrete amount of dollars) to have in a savings account so that in the eyes of the Consulate the fiance will be economically independent and pose no threat to the state?

We so appreciate any advice you have about:

A) If the 134-I is mandatory for every applicant

B) How much money is enough to have saved in order for the fiance to claim financial independence - with the added information that we will be living free of charge in my parent´s house until we both have jobs and are able to live on our own

C) Does anyone know of a formal way to show that we have an invitation to live in my parent´s house until we have financial security?

Thank You!!!

[Harpa Timsah 13,258]

It is mandatory. Even if it were not, once you get the visa and move to the US, you must file applications for permission to stay in the US and become a Permanent Resident (Adjustment of Status). With that application you will have to file a form similar to the I-134, the I-864. You said you want your fiance to get a job, well, he cannot get permission to work without filing the AOS paperwork in the US. My point is, yes, you need these forms, you need to qualify for them, or you will need a co-sponsor.

Each consulate has different requirements for the I-134, so if you would fill out your profile, people could help you better. Most require a yearly salary of 125% of the poverty line, but some accept only 100%. The I-864 requires 125% of the poverty line, so it is best to prepare for that.

I don't think you can use you fiance's money because you are not yet family. If you could though, he'd need about $60K. Read over the instructions, and please fill in your profile so people can help you better. Good luck.

Edited January 21, 2012 by Harpa Timsah

[Sayha or bust. 71]

You need to get a job that shows at least an annual income of 18,337 that is for 2011, I think the new guidelines come out in march so it might be a bit more. Here's a link that shows how much http://www.filipinaf....com/I-864P.pdf

May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

Yes, except with form I-864EZ. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family.

[/url]What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equalfive times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.

What can be used as assets?

Assets easily convertible to cash can be savings, stocks, bonds and property.

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Hope this helps you.

[KayDeeCee 4,893]

The form is not about guessing how much your fiance would be likely to earn in the US. The I-134 is for the US citizen petitioner to fill out. You must prove you make 125% of the poverty level or better to be able to support your fiance and future husband in the US so he will not become a public charge. If you do not make enough, then you can have a co-sponsor fill out another I-134 to show they have 125% of the poverty level to cover a household size for themselves, spouse, any dependents they have, plus your fiance. Amounts needed: http://www.uscis.gov/files/form/i-864p.pdf

Your fiance will not be able to work in the US until after you are married, you have filed for his adjustment of status and he has his Employment Authorization Document(EAD) or his green card. You can expect him not to be able to work for 3-6 months after you marry and file for the AOS. For AOS, you will again need to provide an affidavit of support, the I-864. If you still do not earn enough, you can again have a co-sponsor.

Even though you will be using the I-134 at first for the K-1 interview, I suggest you read through the I-864 instructions carefully. It can help you get a better understanding of what will be needed from you and any co-sponsor you may need. Most consulates go by what is needed for the I-864 even when dealing with the I-134.

[dwinchka123 0]

Thank you very much for your replies. I´m so impressed with the generosity of spirit of people on this forum. I realize I didn´t include some very important details when asking my question. And yes, I will fill out my profile further.

For the past three years my fiance and I have lived together in Spain. It´s a very different situation than what many on this forum face: the US petitioner living in the United States with a stable job and the fiance living in another country. I haven´t lived in the United States since 2007 and I do not plan on moving back to the United States until after he gets his fiance visa, at which point we will travel together. Until he is approved for his visa, I will not start applying for jobs in the United States. I am confident that once I do start applying I will land a job that makes minimum 30,000 (I am an experienced ESL and Spanish teacher) but I do not have any job in the United States now in time for his interview - which will hopefully be in the next few weeks here in Madrid. So, in short, neither of us have jobs currently in the United States. So, as you see, I am not able to fill out the 134-I without a current job in the United States and tax returns from the past few years - I haven´t been living in the States.

Is everyone sure that the form is TOTALLY mandatory for EVERYONE? In the letter we got from the Embassy in Madrid it states that you may use the form or may prove through other means that your fiance will not become a public charge. Our question is whether if having an official letter of invitation from my parents to live free of charge in their house until we are economically able to live in our own place, having around 10,000 Euros (in Spain) saved in the bank (it´s a joint account between the two of us) and assuming that I will be working a job that will make more than 30,000 dollars per year that it would be enough to show the Consulate that he will not become a public charge. Of course, this is counting on the fact that as soon as they issue him a Visa I can begin the job search process to contract work starting next school year...it´s asking the Consular Official to look at my work history and make the valuable assumption that I will find work without hassle.

Or, do you think that in our case it is totally necessary to have an outside support to sign the 134-I (in this case, my parents). we really prefer not to involve them in this, but if it´s totally necessary, we will....

Any feedback? Thank you in advance!!!

[dukeandduchess 141]

If you don't currently earn over 125% of the poverty line you will need a co-sponsor. The I-134 is mandatory for everyone. If you do not currently earn that much, you *must* have a co-sponsor who does.

[Glyn and Kathy 288]

Also, be aware....even though you haven't been living in the US for the last three years, you are still required to file a tax return. You may want to take care of that.

[Elora & Rob 15]

Need to make at least $18,500 based on curret rates.

[Harpa Timsah 13,258]

The "other means" they are talking about is assets or a co-sponsor. Yes, it is mandatory for everyone. You will need a co-sponsor.

[JimVaPhuong 4,863]

It's not mandatory. It's not required either by law or by Department of State policy. The Foreign Affairs Manual says very little about the I-134, except to say that it may be useful in some cases, that it shouldn't be afforded the same weight as an I-864 because it's not legally enforceable on the sponsor, and lists the types of visa applications where it might be used. Most consulates will not issue a fiancee visa without it, but some will. I know that the US Embassy in London allows a K1 beneficiary to self-sponsor. I wouldn't be surprised if the embassy in Spain also allowed it.

FWIW, an experienced ESL instructor is a much more valuable commodity in other countries than in the US. Bilingual instructors who are fluent in English and Spanish are as common as dirt in California and most other southwestern states. There are used car salesmen here who are fluent in English and Spanish, and many of them are originally from the middle east!

[dwinchka123 0]

Thank you for the information!

We really appreciate it! What good luck to find this webpage I hope to help others once we have finished with the process and are on the other side...