In a bit of a panic

[ruby_mtl 0]

Hello all,

I need help to find the required income the US partner needs in a K1 application....my interview is next Friday, and I just read my fiancé's bank statement and the total amount of deposits seems a little low for our family situation. I'm afraid we'll need a co-sponsor and time really is running out. I tried looking for the information but all I could find is the Federal poverty guidelines....is that what USCIS uses?

Thanks for your help!

[Kathryn41 3,205]

Yes, that is what USCIS uses. Your sponsor needs to meet 125% of the poverty guidelines for a household of your size (you, your partner, any dependent children). If you don't meet the income requirement you can use assets at the rate of 3:1 so for every 1$ of income that you don't have you would need to have $3 of assets. The assets have to be easily convertible to cash so generally property like your house or a car don't count since you would need to replace those.

If you fiance doesn't meet this guideline, he will need to have a co-sponsor. Good luck.

[The_Dude 1,142]

Yes, that is what USCIS uses. Your sponsor needs to meet 125% of the poverty guidelines for a household of your size (you, your partner, any dependent children). If you don't meet the income requirement you can use assets at the rate of 3:1 so for every 1$ of income that you don't have you would need to have $3 of assets. The assets have to be easily convertible to cash so generally property like your house or a car don't count since you would need to replace those.

If you fiance doesn't meet this guideline, he will need to have a co-sponsor. Good luck.

They use bank statement summary of deposits rather than income tax returns? I used income tax returns and they seemed fine with that.

[TimandJoyce 1]

Also, what about your own assets? Sometimes we forget that the beneficiary can use those. Your car? RRSP's? Does he have an IRA? I only suggest those as they were used in our case, and we were fine. Course, thankfully I have a house I sold, I know that not all do, but if you have a good car, sell it, and start fresh when you move. It's an idea anyway.

Best wishes Ruby. Hope you get all your information.

[ruby_mtl 0]

Thank you all for your info! Looks like we'll need a co-sponsor....we have 4 days to come up with all the documents....STRESS!!!!!!!!

I'm surprised that we can use our (beneficiary) assets. Though it was only the USC. Good to know!

[trailmix 77]

Yes, that is what USCIS uses. Your sponsor needs to meet 125% of the poverty guidelines for a household of your size (you, your partner, any dependent children). If you don't meet the income requirement you can use assets at the rate of 3:1 so for every 1$ of income that you don't have you would need to have $3 of assets. The assets have to be easily convertible to cash so generally property like your house or a car don't count since you would need to replace those.

If you fiance doesn't meet this guideline, he will need to have a co-sponsor. Good luck.

They use bank statement summary of deposits rather than income tax returns? I used income tax returns and they seemed fine with that.

No, she was just saying that she was looking at their income.

[RYCK 0]

and I just read my fiancé's bank statement and the total amount of deposits seems a little low for our family situation.

Had to chime in here ... the bank statements do not matter it is the gross pay (before taxes) that matters.... thats why the tax transcripts and the w-2's are used. unless i read you wrong ... but for us the bank statements were not even used or considered if the petitioners gross pay is more than 125% of the poverty limit you should be ok

[ruby_mtl 0]

and I just read my fiancé's bank statement and the total amount of deposits seems a little low for our family situation.

Had to chime in here ... the bank statements do not matter it is the gross pay (before taxes) that matters.... thats why the tax transcripts and the w-2's are used. unless i read you wrong ... but for us the bank statements were not even used or considered if the petitioners gross pay is more than 125% of the poverty limit you should be ok

That's great to know! Unfortunately, we still need a co-sponsor. I didn't realize that children not living with him were considered in the term "household"....silly me!

So hopefully I'll have everything in hand Wednesday or Thursday since my interview is Friday....God help me!

Thanks for your replies and information.

[Kathryn41 3,205]

If the children aren't living with him then I am not sure about him including them or not. I am assuming he is paying child support then? Perhaps someone else who has been in this situation would be better able to advise you about whether children not in the household but for whom they are financially liable are included in determining household size for Affidavit of Support requirement.

Edited July 25, 2009 by Kathryn41

[ruby_mtl 0]

If the children aren't living with him then I am not sure about him including them or not. I am assuming he is paying child support then? Perhaps someone else who has been in this situation would be better able to advise you about whether children not in the household but for whom they are financially liable are included in determining household size for Affidavit of Support requirement.

Well i was confused about it too! That's what created this whole commotion! In my mind, household was the physical house, but in fact, it includes all dependents....why don't they just write "all dependents"??? AAARG!!!

oh well....we have to do what we have to do now......

[Emancipation 2]

I'm checking with hubby.. we are in a situation where he supports 2 children not living with us. I"ll get an answer today. Trying to find the paperwork for our K-1 right now is a bit of a procedure as we just moved, but I'll ask hubby what he did

I'll come back later and give you an update!

[Emancipation 2]

Just spoke with hubby.. he said that he recalls only putting the gross income not the monies paid to child support since the children do not live with us. Hope that helps!

[ruby_mtl 0]

Just spoke with hubby.. he said that he recalls only putting the gross income not the monies paid to child support since the children do not live with us. Hope that helps!

Thanks for the help. We decided to get a co-sponsor (his mom) so it's gonna work out. We just wanted to be safe. Now I just need to have these documents here by Thursday....we'll see what happens. I just don't wanna go there knowing that they'll refuse me. Just a question: if they refuse me, could I bring the documents at a later date or we'll have to start from scratch?

[Carlawarla 1]

Just spoke with hubby.. he said that he recalls only putting the gross income not the monies paid to child support since the children do not live with us. Hope that helps!

Thanks for the help. We decided to get a co-sponsor (his mom) so it's gonna work out. We just wanted to be safe. Now I just need to have these documents here by Thursday....we'll see what happens. I just don't wanna go there knowing that they'll refuse me. Just a question: if they refuse me, could I bring the documents at a later date or we'll have to start from scratch?

Go to the interview whether you have the documents or not. If it looks like you'll get the visa but they just need the additional documentation, that's what they'll do, issue it pending the arrival of additional documentation. Either drop it off, or mail it in as soon as it's available. They'll probably take your passport and return xpresspost envelope at the interview though. Or ask you to send it in with the additional documentation. You won't have to start from scratch.