need help (I-134)

[C.ezz 13]

I'm looking to petition my foreign fiancé so that he can move to the US so we can get married. I have questions and doubts on how exactly to fill out the i-134 form and the i-864 form because of my situation. For the past 7 years since my son has been born, my mom has been claiming me and my son in her taxes. My son is severely disabled and requires full time care. Therefore, I do not work to care for him and he gets assistance from the government. He receives SSI and I receive child support, food stamps and medical for us. Although I do not reside with my mother who has all the requirements to be a sponcer to my fiance. Do I still count myself and my son in her household income even tho I pay all my own bills? Do I even count myself as a sponcer for my fiancé?

[Ash.1101 1,755]

Firstly you will ALWAYS be the primary sponsor, even if you make 0 dollars you have to fill out the I-134 and the I-864.

Any person claimed as a dependent HAS to be considered in a household, just as any children you may have under the age of 18 have to count, even if they don't live with you or you don't provide support for them. So since your mother claims you as a dependent on her taxes, she will have to include you in her household count. It doesn't matter if you live else where or pay your own bills. As long as you're claimed as a dependent on her taxes, you will count towards her household number.

You will fill out your own I-134 with your household being you, your son, and your fiance. Your mother will have to fill out her own I-134 with her household being your mom, you, your son, and your fiance. If she has any more dependents or children under the age of 18, then those will be added on. 

So for both the I-134 and the I-864, you will have to fill out a separate one each with your own proofs of financial documents, and just make sure that your household is claimed as 3 and your mothers household is claimed as 4, assuming you and your son are her only dependents. 

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf     <----Here are the poverty guidelines.

Now just note they may scrutinize your case. I was in a similar situation. My daughter is disabled and requires full time care, no one claimed myself or her as a dependent other than me claiming her as a dependent, I receive SSI for my daughter (representative payee) and child support and then my fiance and my dad took care of what ever else was needed. We used my mother as a cosponsor, who mind you provides no support to me at all and we did not live in the same household, and we were asked for a second cosponsor since due to the situation they were afraid that my fiance may become a public charge.

 

[Becci391 339]

16 minutes ago, C.ezz said:

I'm looking to petition my foreign fiancé so that he can move to the US so we can get married. I have questions and doubts on how exactly to fill out the i-134 form and the i-864 form because of my situation. For the past 7 years since my son has been born, my mom has been claiming me and my son in her taxes. My son is severely disabled and requires full time care. Therefore, I do not work to care for him and he gets assistance from the government. He receives SSI and I receive child support, food stamps and medical for us. Although I do not reside with my mother who has all the requirements to be a sponcer to my fiance. Do I still count myself and my son in her household income even tho I pay all my own bills? Do I even count myself as a sponcer for my fiancé?

For K1 you need to file the I-134. The I-864 is for the Green Card application.

 

[My wife my hope 7]

You will be the main sponsor regardless of your income, even if you have no income at all you're still required to fill the form as the main sponsor. Since your mom claimed you and your son in her most recent year taxes then you're counted in her household even if you're paying rent, your bills and all your daily life costs. She can still be the joint sponsor if she makes 125% of the poverty guidelines for a household of 4 (your fiance, you, your son and herself) she can count assets such as property or savings if she doesn't make enough for a household of 4. Good luck.

[My wife my hope 7]

16 minutes ago, Ash.1101 said:

Firstly you will ALWAYS be the primary sponsor, even if you make 0 dollars you have to fill out the I-134 and the I-864.

Any person claimed as a dependent HAS to be considered in a household, just as any children you may have under the age of 18 have to count, even if they don't live with you or you don't provide support for them. So since your mother claims you as a dependent on her taxes, she will have to include you in her household count. It doesn't matter if you live else where or pay your own bills. As long as you're claimed as a dependent on her taxes, you will count towards her household number.

You will fill out your own I-134 with your household being you, your son, and your fiance. Your mother will have to fill out her own I-134 with her household being your mom, you, your son, and your fiance. If she has any more dependents or children under the age of 18, then those will be added on. 

So for both the I-134 and the I-864, you will have to fill out a separate one each with your own proofs of financial documents, and just make sure that your household is claimed as 3 and your mothers household is claimed as 4, assuming you and your son are her only dependents. 

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf     <----Here are the poverty guidelines.

Now just note they may scrutinize your case. I was in a similar situation. My daughter is disabled and requires full time care, no one claimed myself or her as a dependent other than me claiming her as a dependent, I receive SSI for my daughter (representative payee) and child support and then my fiance and my dad took care of what ever else was needed. We used my mother as a cosponsor, who mind you provides no support to me at all and we did not live in the same household, and we were asked for a second cosponsor since due to the situation they were afraid that my fiance may become a public charge.

 

She's petitioning for her fiancé so form i-134 is required as it's gonna be k1 visa. Form i864 is for cr1/ir1 visas

[Ash.1101 1,755]

4 minutes ago, My wife my hope said:

She's petitioning for her fiancé so form i-134 is required as it's gonna be k1 visa. Form i864 is for cr1/ir1 visas

I assumed she's aware that she fills out the form I-134 for K-1 and after her and her fiance marry, they will use the I-864 for the AOS. Her question covers both K-1 and AOSing. At some point, she will fill out both documents, as her mother will too.

And well if she didn't know that she only needs the I-134 for K-1, and the I-864 for AOS, she does now. =]

Edited March 26, 2017 by Ash.1101

[C.ezz 13]

Thank  you for ur  answers 

i just  have one more question 

My mother's income is almost 30 000 Dollar's

and she has  car  worth : 15 000 : 19 000 Dollar's 

is  that enough  to sponser  my fiance ? 

[Ash.1101 1,755]

27 minutes ago, C.ezz said:

Thank  you for ur  answers 

i just  have one more question 

My mother's income is almost 30 000 Dollar's

and she has  car  worth : 15 000 : 19 000 Dollar's 

is  that enough  to sponser  my fiance ? 

I'm sure someone will chime in, but I've heard that it is now possible to use your main car or main house as an asset for the I-134. PREVIOUSLY you could not use your only car or only house, but I've heard recently that you can. (Again, anyone with clarification can come right in).

She would have to get her car appraised by an appraiser and then they would make an official document showing how much the car is worth, this would be attached with the other financial documents.


The way you determine if there are enough assets, is by subtracting the money you make per year by the amount NEEDED to meet the poverty line, and then you multiply that number by 3 (for spouse/immediate family member) (or 5 for any other person).

So if your mother makes say 29500 a year, and she needs to make 30750.

You would do 30,750 - 29,500 = 1250 

Then you would multiply that by 3, and get 3750$.

She would need to prove she has AT LEAST 3750$ in assets to meet the BARE minimum.

If she has at least that much in savings, she could simply attach a bank statement.


If it is possible for her to use her main car as an asset, then she should get it appraised by an appraiser and she should be fine as long as it's worth over 3750$.



And again though, if it's possible for you to have another cosponsor you may want to look into someone that makes more. I've personally experiences consular discretion when meeting the minimum requirements for the I-134 and it sucks. My mother made 7000$ more than needed for her household and it still wasn't good enough due to my unemployment and needing to take care of my child. My husband at his K-1 interview was handed a 221G for a second cosponsor, based on the CO's uneasy feeling (which was understandable), even though we met the technical requirements. Our second cosponsor made over 64,000$ for a two person household, and her paperwork was pushed through in less than 6 days (record time).


If possible, you may want to attach a letter of your plans and what your intentions are once your fiance comes here. At the end of the day they want YOU to be able to take care of him, they don't want it the other way around.

As an example, I wasn't able to work until my husband came here, I got a job a couple of days after we got married and when he got a job he got a job that alternated mine so we always had someone at the house with my daughter. I work anywhere from 8am-9pm and he works 1030pm-630am every day. I'm currently looking to train to become a department manager within this year (already started the process) in which I'll be making plenty more than the 125% for a household of three by myself. None of this would have been possible without my husband moving here. While we never thought of explaining why I didn't work and such, it may help if you have a plan and attach a statement as to what your plans are.

Edited March 26, 2017 by Ash.1101