Evidence of Being Able to Sustain I-134 etc

[AleGwi 11]

I know my fiancée (petitioner) needs to fill in I-134 AoS for our K1 visa before my interview.

However, if she doesn't meet the poverty requirement can I declare my money and my family's support for me (in the UK) somehow? They said that if I EVER need any money and am stuck, they will send it to me or give it to me to go over with initially until I start working.

Also, she still lives with her parents (household of 3 including her) and when I move there, we will both be living with them, again, until I get work.

Does this mean that THAT household income must meet the requirements of the 4 of us, or does she still have to meet the requirement of the two of us on the poverty guideline.

It seems a little ridiculous if I KNOW I can support myself there for a long period of time with my money and my parents as MY sponsors, even though she doesn't meet the guidelines, but at the moment doesn't need to because she lives at home..

How does this work with the paperwork/evidence I/we need to get before my interview? It can't just be all on her.. If it is, we are stuffed

[Harpa Timsah 13,258]

London accepts self-sponsorship, but Adjustment of Status in the US does not. It will be all her, so you should plan for that. You can add any assets you have to her affidavit for the I-485 in the US. You can't add foreign income from your parents for Adjustment of Status.

[AleGwi 11]

Ok thank you, so for London then initially, aside from her I-134 (by the way, can this be a copy that I take or will she have to mail me her original document?) Aside from that, do I need to fill out a for for self sponsor and if so which one? I will put my own on and my parents just to be safe.

Regarding the Adjustment of status, I understand that will be on her. Thanks for that info! How will that effect her still living at home? What "poverty line" will she have to be 125% of? Because technically the household income will be coming from 3 people, not just her.

Thanks again, this has been crazy hard but I'm freaking out now. Everything is finally falling into place. A part from this

[AleGwi 11]

You can add any assets you have to her affidavit for the I-485 in the US. for Adjustment of Status.

Does this mean if I bring like $10,000 over I can declare it on her affidavit in the US for adj of status? Or can she include her parents too?

[Harpa Timsah 13,258]

I am not sure how self-sponsorship works, but I have a feeling it doesn't extend to your parents too. I would ask about it in the UK regional forum.

For AOS in the US, how are you getting 3 people? Does you or your fiance have a kid? It can't include parents residing abroad or their income.

Honesty, since you have to do this twice, I would figure out how you can make it work with her income, then you just have to redo the paperwork, but not the figures.

Edited November 26, 2013 by Harpa Timsah

[kitthekat 1,317]

For the I-134/I-864, household does not mean who lives physically under the same roof. It means dependents that you include on your taxes. Minor children will be counted as dependents whether or not you claim them on your taxes. If your fiancee does not have any dependents/kids, then you are looking at a household of 2 (you and her). The most recent poverty guidelines can be found here.

Edited November 26, 2013 by kitthekat

[Harpa Timsah 13,258]

Does this mean if I bring like $10,000 over I can declare it on her affidavit in the US for adj of status? Or can she include her parents too?

Yes, and that money will be valued a 1/3 of the yearly requirement. So if her job is $3K short per year to qualify, then you can use that $10K to make up the difference.

I think you are getting ahead of yourself/confused with her parents/your parents.

[lost_at_sea 995]

Ok thank you, so for London then initially, aside from her I-134 (by the way, can this be a copy that I take or will she have to mail me her original document?)

You need the original with her signature on it - not a copy.

Edited November 26, 2013 by lost_at_sea

[AleGwi 11]

For the I-134/I-864, household does not mean who lives physically under the same roof. It means dependents that you include on your taxes. Minor children will be counted as dependents whether or not you claim them on your taxes. If your fiancee does not have any dependents/kids, then you are looking at a household of 2 (you and her). The most recent poverty guidelines can be found here.

She doesn't have children. She just still lives at home with her two parents, who I will also be living with upon getting there.

[AleGwi 11]

Ok, everyone is being very helpful, thank you.

To be really simple I guess.. What can we do if her income doesn't meet the requirements? Because it doesn't.. What can we do? This can't just be game over, there has to be a way!

[Harpa Timsah 13,258]

Ok, everyone is being very helpful, thank you.

To be really simple I guess.. What can we do if her income doesn't meet the requirements? Because it doesn't.. What can we do? This can't just be game over, there has to be a way!

How far under is it?

Best bet is that her parents co-sponsor.

[Merrytooth 5,748]

Here are the few options:

1) Petitioner finds a better paying job

2) Petitioner finds a second job to supplement the income

3) Find a co-sponsor (USC or PR, at least 18 years old, living in US).

How Much Income an Immigrant's Sponsor Needs to Show According to the Poverty Guidelines

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-3.html

[AleGwi 11]

So her parents can co-sponsor? Do they alll need to fill out the I-134 and ultimately, the adj of status.

She will be getting a better paying job but not until next year, she has just graduated and is currently transitioning from that.

She's probably currently about 10 grand under or so. This is so frustrating

[Harpa Timsah 13,258]

Okay, so I say the best bet is that her parents co-sponsor. I think for the K-1 they just need their info (check on that though), but for the Adjustment of Status your fiancee will be the main sponsor (and need to fill out a full I-864) and one parent will co-sponsor (and fill out a separate I-864), and it is probably best if the other parent fills out a I-864A.

Don't get frustrated yet Adjustment of Status is worse, and that's nothing compared to married life

Edited November 26, 2013 by Harpa Timsah

[Zedayn 485]

Tell her to get a 2nd part time job.