I-134, Affidavit of Support concerns

[wazajg 1]

My fiance is unemployed but gets child support and food stamps income, She also owns an house. With what money she gets

she meets the required income level.

ls there gonna be a problem with our k1 because she is unemployed or aren't they bothered as long has she meets the required income level.

[KayDeeCee 4,891]

If she gets court ordered child support, then she could provide a copy of the order and check stubs or bank statements to show the exact amount she receives per month. It will be up to the CO whether or not to accept just the child support income without her being employed.

She will not have to state she receives food stamps. People can earn enough income for an affidavit of support and still be eligible for food stamps. The house as an asset can be listed, and since you are going through London, you could even self-sponsor.

[wazajg 1]

My fiance gets 23,000 a year child support, she owns house asset under 100.000. She is going to get her dad to sponser.

He works, he gets 2320 a month, thats with social security included. He owns an house asset, 70,000. Think this will be

enough?

[KayDeeCee 4,891]

Her child support is enough for a household of 2, so not enough for her to meet the requirement on her own.

If using a co-sponsor, then it will be all about their income to meet the requirement. The co-sponsor's income is not added with the petitioner's.

Use his gross income. If his gross income is 2320 a month, then that is a current annual income of $27,840. He has enough for a household size of 3. If it is just himself and a spouse or 1 dependent plus you, then he makes enough. Though I believe London will probably accept only 100% instead of the 125% that will be needed later with the I-864, in which case he has enough for a household of 4.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[wazajg 1]

The joint sponsor, its just him and his wife. No dependents.

My fiance has 4 kids all under 18. She does not claim the 1 on her tax forms.

Does that mean she just puts 3 household dependents on her form?

She was previously married, had 3 kids with him. Would she have to tick the wholly dependent box or partially dependent box.

[Nich-Nick 3,353]

The joint sponsor, its just him and his wife. No dependents.

My fiance has 4 kids all under 18. She does not claim the 1 on her tax forms.

Does that mean she just puts 3 household dependents on her form?

She was previously married, had 3 kids with him. Would she have to tick the wholly dependent box or partially dependent box.

For London, the fiancé who won't qualify, doesn't even have to do an I-134. (That is however a requirement for the Affidavit of Support for your adjustment of status--one from her and one from Dad). Provide a new letter of intent from her because somebody recently had no I-134 from the fiancé so London wanted to know the fiancé was still planning to marry.

You can take proof of her child support income or any savings you have to bolster your case if needed. I don't see how a house is too helpful because she wouldn't easily sell it to generate cash and then be homeless. It is a subjective decision and they would consider all of it. but if her Dad earns enough for himself/wife/you, that should be convincing enough.

Edited October 31, 2014 by Nich-Nick

[wazajg 1]

Her dads wife works too.

[Kay&Jay 44]

Ok please guys I have a question as well trying to clarify something here.You mean a co-sponsor income will not be added to the petitioner income?

I have a friend who wanted me to sponsor her fiancé she said that , my income will be added to hers ,is that true? Also she only makes $10/HR and has 2 kids do you think that I should let her know that it doesn't work that way?

Edited October 31, 2014 by Kay&Jay

[Nich-Nick 3,353]

Ok please guys I have a question as well trying to clarify something here.You mean a co-sponsor income will not be added to the petitioner income?

I have a friend who wanted me to sponsor her fiancé she said that , my income will be added to hers ,is that true? Also she only makes $10/HR and has 2 kids do you think that I should let her know that it doesn't work that way?

For a fiancé, there is no specific law which lays it out in black and white numbers. It says the interviewing officer must be convinced the beneficiary will not become a public charge. It depends on the interviewing embassy and what they normally find convincing. Some must see tax returns, while others (London) don't. Some want lots of proof and maybe not so much at another place. It is impossible to know your friend's total situation and consulate to give you a positive answer.

One thing you might want to consider is if you sponsor another immigrant, especially on the I-864 for adjustment of status which you and the friend will both do, then you are effectively raising your own required income for sponsoring your fiancé/spouse. They will want to count everybody in your family as well as any other immigrants sponsored, plus your spouse. Make sure you have enough for the increased requirement.

[KayDeeCee 4,891]

No, the incomes are not combined for the I-134. The only way incomes are combined is if using the I-864 and you have a qualifying household member that fills out an I-864A.

[Kay&Jay 44]

For a fiancé, there is no specific law which lays it out in black and white numbers. It says the interviewing officer must be convinced the beneficiary will not become a public charge. It depends on the interviewing embassy and what they normally find convincing. Some must see tax returns, while others (London) don't. Some want lots of proof and maybe not so much at another place. It is impossible to know your friend's total situation and consulate to give you a positive answer.

One thing you might want to consider is if you sponsor another immigrant, especially on the I-864 for adjustment of status which you and the friend will both do, then you are effectively raising your own required income for sponsoring your fiancé/spouse. They will want to count everybody in your family as well as any other immigrants sponsored, plus your spouse. Make sure you have enough for the increased requirement.

oh ok

[wazajg 1]

So let me get this right. lf my fiance doesn't claim for 1 of her kids on her tax forms, then

she doesn't need to add that kid to the household member question?

[rosejosh 2]

My fiancé is unemployed and still studying. We used his money in the bank which creates annual interest that used to be his income. That works for us.

[Nich-Nick 3,353]

So let me get this right. lf my fiance doesn't claim for 1 of her kids on her tax forms, then

she doesn't need to add that kid to the household member question?

She does not need to fill it out (for LONDON). You have another sponsor lined up to fill out an I-134.

But if she was filling it out, then the I-134 doesn't have household count rules about who is on your tax form. It just wants an idea of who is fully or partially supported. If the kid in question isn't claimed on her taxes because somebody else claims him, that doesn't mean the Mom doesn't house, feed, clothe, pay medical bills etc for him and at least partially supports him. If the kid lives with somebody else who pays for everything, then she does not support him.

[wazajg 1]

One more thing. if the kids are living at her home with her and receive child support, are the fully supported or partially?