Just Met My Fiance,,

[Brad and Vika 129]

hire a lawyer to save time???? no IT WILL SLOW YOU DOWN!!!

THAT'S NOT REALLY TRUE!

That is 100% true. You have to send all the paperwork to the attorney and then they attorney files it with USCIS. So just by the nature of the USPS, it is impossible for a lawyer to speed up the process.

Also, you have to pay them up front, so they really have no incentive to do anything quickly.

I'll say this for the 50th time. If your case is straight-forward, an attorney WILL slow down your case.

exactly

To tomi - some of these folks have a history of using attorneys, and their experience was uniformly bad. Use their experience! And to add my voice to the chorus on another issue, you only need to demonstrate that you have met within the past two years and intend to marry within the 90 day limit of your SOs arrival here. Do not sweat the proofs now. Although each embassy operates differently, seeing where your SO is from it probably won't be an issue. Good luck.

[JimVaPhuong 4,863]

This site and others offer sooo many resources and there are many old timers here who are willing to help....save the coin for the attorney

Bringing my old post back on topic.

I've read and read. Looks like I'm stuck with the Income Taxes. I have my tax returns, but I'm not sure if I reached the $18k level. (that's if it hasn't changed) Anyway, I can't even find good info on co-sponsering. Since I'm living with my parents, I'm sure my father will most likely agree to do co-sponser. If someone can nicely explain to me or point me at the right link to it.. it would be great help as I am going to fill out the paperwork soon. Once I figure out if the co-sponser will help. I also found a thread that explains you can combine income, both you and your "fiance". but I'm still stuck with information.

Thanks!

-Timi

The US Consulate in Australia uses the I-134 Affidavit of Support, as do many other consulates. You can get the form and instructions from the USCIS website here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

If you don't meet the minimum income requirements then your co-sponsor will have to meet them. You can't combine income with your co-sponsor nor with your fiance with the I-134. You CAN combine income, in certain circumstances, with the I-864 Affidavit of Support, but you won't be filing that form until AFTER your fiance arrives in the US and you are married.

The instructions for the I-134 are somewhat vague. Personally, I think this is intentional because it allows some latitude for each consulate to make it's own determination regarding the "public charge" risk. Strictly speaking, the I-134 only requires you to have income of 100% of the poverty level for your household size, but many consulates apply the same standards as the I-864, which is 125% of the poverty level (unless the sponsor is in the US military). In fact, I haven't seen anyone mention a consulate yet that only requires 100% with the I-134.

Bear in mind that the rules for determining the size of the household are applied separately to the sponsor (you) and the co-sponsor (presumably your dad). If you are the only person you support, then your household size is 2 - you and your fiance. On the other hand, your dad would include your fiance in determining his household size, as well as himself and any other dependents he supports, but would not include you unless you are also his dependent. This means you figure out your household size for your I-134, and your dad figures out his own household size for his I-134. Your dad doesn't claim a household size of 2 just because you do.

Your going to have to do this again when your fiance arrives in the US, after you are married, when you apply for the green card. You'll be using the I-864 at that time, which is a legally binding contract. If you still need your dad to co-sponsor at that time then make sure he knows what he's getting into. The obligations of a sponsor or co-sponsor can potentially last a lifetime.

[Hoang_Phuong 2]

Thanks for the info...

After I read over the guide, it helped a little, but I needed more detailed info. Your info helped a lot. But one last question about that. I was kinda confused of the household size. It's just me, mom, and dad. Since dad is going to co-sponser, will he only put down that he is supporting 3 people? (Dad, Mom, and Fiance?) or (Dad Mom and Me?) Or does he put down household of 4 that he is supporting. I guess Unless I'm supporting myself, he only puts down as 3 which includes my fiance. So in that form that he fills out, I have nothing to do with the form he fills since I'm supporting myself? Which I am supporting myself. Sorry if I confused you, but I'm confused myself..haha

Otherwise, looks like I have plenty of proof and the right paperwork. I'm filling out everything as I am typing now.

Thanks for the help!!

Oh BTW! I'm stuck on the G-325A form. It ask for Husband/Wife, then under that Formal Husband/Wife??? I filled out the formal husband/wife because I am divorced. Otherwise, the top part of that which asks for Husband/wife, do I put my fiance's info on there or do I leave that as "none"??

Edited July 6, 2009 by tomi

[JimVaPhuong 4,863]

Thanks for the info...

After I read over the guide, it helped a little, but I needed more detailed info. Your info helped a lot. But one last question about that. I was kinda confused of the household size. It's just me, mom, and dad. Since dad is going to co-sponser, will he only put down that he is supporting 3 people? (Dad, Mom, and Fiance?) or (Dad Mom and Me?) Or does he put down household of 4 that he is supporting. I guess Unless I'm supporting myself, he only puts down as 3 which includes my fiance. So in that form that he fills out, I have nothing to do with the form he fills since I'm supporting myself? Which I am supporting myself. Sorry if I confused you, but I'm confused myself..haha

Otherwise, looks like I have plenty of proof and the right paperwork. I'm filling out everything as I am typing now.

Thanks for the help!!

Oh BTW! I'm stuck on the G-325A form. It ask for Husband/Wife, then under that Formal Husband/Wife??? I filled out the formal husband/wife because I am divorced. Otherwise, the top part of that which asks for Husband/wife, do I put my fiance's info on there or do I leave that as "none"??

Did your dad claim you as a dependent on the tax return he filed last April? If so, then his household size should be 4 - himself, your mom, you, and your fiance. If he didn't, then his household size would be 3. Yours would still be 2 - you and your fiance. I'm presuming neither you nor your dad have any other dependents they support, nor paying child support for kids that don't live with you, nor have signed an I-864 Affidavit of Support for somebody else in the past, etc.

On the G-325A - it's FORMER husbands and wives, and not FORMAL!

The G-325A is a general purpose biographical document. It's not specifically just for fiancee or spousal visas. Since you're applying for a fiancee visa you should NOT be married, so "Husband or Wife" should be "NONE". Your ex-wife (or ex-wives) are listed under "Former Husbands and Wives".

[Hoang_Phuong 2]

Did your dad claim you as a dependent on the tax return he filed last April? If so, then his household size should be 4 - himself, your mom, you, and your fiance. If he didn't, then his household size would be 3. Yours would still be 2 - you and your fiance. I'm presuming neither you nor your dad have any other dependents they support, nor paying child support for kids that don't live with you, nor have signed an I-864 Affidavit of Support for somebody else in the past, etc.

On the G-325A - it's FORMER husbands and wives, and not FORMAL!

The G-325A is a general purpose biographical document. It's not specifically just for fiancee or spousal visas. Since you're applying for a fiancee visa you should NOT be married, so "Husband or Wife" should be "NONE". Your ex-wife (or ex-wives) are listed under "Former Husbands and Wives".

This past april I filed as single, since I was working for Fox TV Station and divorced. I just recently started working with my dad after the middle of April when I moved back to Austin, TX. I wasn't living here, but now I am. Sorry for the vague descriptions. Anyway, I do have another dependent to support. Child support for my baby boy who doesn't live with me. doh i'm getting confused again!

Lol FORMER.. not formal.. I typed it wrong..

[JimVaPhuong 4,863]

Did your dad claim you as a dependent on the tax return he filed last April? If so, then his household size should be 4 - himself, your mom, you, and your fiance. If he didn't, then his household size would be 3. Yours would still be 2 - you and your fiance. I'm presuming neither you nor your dad have any other dependents they support, nor paying child support for kids that don't live with you, nor have signed an I-864 Affidavit of Support for somebody else in the past, etc.

On the G-325A - it's FORMER husbands and wives, and not FORMAL!

The G-325A is a general purpose biographical document. It's not specifically just for fiancee or spousal visas. Since you're applying for a fiancee visa you should NOT be married, so "Husband or Wife" should be "NONE". Your ex-wife (or ex-wives) are listed under "Former Husbands and Wives".

This past april I filed as single, since I was working for Fox TV Station and divorced. I just recently started working with my dad after the middle of April when I moved back to Austin, TX. I wasn't living here, but now I am. Sorry for the vague descriptions. Anyway, I do have another dependent to support. Child support for my baby boy who doesn't live with me. doh i'm getting confused again!

Lol FORMER.. not formal.. I typed it wrong..

Don't worry, a lot of people are confused by the affidavits of support. It seems to be one of the most common topics here. I think it was a huge mistake for them to call it "household size", because that implies that they want to know the number of people living in the house. When you look carefully at the forms it becomes clear that what they really want to know is how many people are (or could be) dependent on the sponsor for support.

Even the different US government agencies can't seem to agree on this. The US Embassy in New Delhi, India, for example, takes the term "household size" literally. They want the I-864 to list everyone who lives in the house, and they want the sponsor to demonstrate that they can support all of them, whether they are actual dependents or not. I sent an email to the embassy in New Delhi on behalf of another VJ member a couple of days ago, because this is clearly not what the instructions for the I-864 ask for.

I will be listing both my mother and daughter, even though neither of them are claimed as dependents on my tax return. This is because both do live with me and are dependent on me for support. My mother can't be claimed as my dependent for tax purposes because her combined Social Security and retirement income is too high. My daughter can't be claimed for tax purposes because she's over 18, and is not a full-time student. Technically, I don't need to list either of them on the affidavits because I could tell either one to hit the road at any time, but I'm not likely to do that, and I don't want the topic of whether or not they are dependent on me to even be worth discussing at the interview. My income is high enough that I can list them as dependents and still clear the minimum required levels with plenty of 'breathing room'.