Affidavit of Support doubts.

[Carolina+James 1]

Hello,

I am curious if the instructions from I-184 apply for I-134 for K-1. The instructions for I-134 are not as good as this other form, and I wonder if some guidelines are just same same, such as household size, income requirements and tax information are just the same. Most of my doubts is to make sure my fiance meets the required amount not to use a co-sponsor.

I am still waiting on an RFE, but I don't see why not start organizing everything for a next step, so here it goes:

1) My fiance pays child support, but he does not have the children as dependents on his tax returns. Should they be added on household size? Part of the instructions says that yes, and the other says no... can someone help me? I copied here the two parts from the I-864 I am refering to.

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated tos upport."

"21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns."

2) Tax information. Should just the most recent be shown or the last three years? They leave it here kinda vague to me... any suggestions? Or should I seek people from the same embassy my process will go and see which they require?

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additiona lreturns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

3) And on the 125% above poverty level requirement. That number is to be shown on the current income, from the employment letter? Or is it required to be already on the last tax report?

[Stephen + Elisha 92]

moving to:

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[b_weeks 6]

Yes, you should list all children, even if they do not live with you.

They do this because they include those children in the dependant count when figuring out what your minimum income requirements should be.

So let's say you have a child from a previous relationship (no marriage), and your fiance has 1 child. Your income would have to be high enough in their guidelines to support 4 people. You, your fiance, and the2 children, regardless of where they reside.

[Francksgirl 0]

You may not have to fill out the I-864 form it depends on your country. You might only need the I-134 form. Check out what is needed in packet 3 and 4 for your country

Yes, you should list all children, even if they do not live with you.

They do this because they include those children in the dependant count when figuring out what your minimum income requirements should be.

So let's say you have a child from a previous relationship (no marriage), and your fiance has 1 child. Your income would have to be high enough in their guidelines to support 4 people. You, your fiance, and the2 children, regardless of where they reside.

[thepizzadude 26]

Hello,

I am curious if the instructions from I-184 apply for I-134 for K-1. The instructions for I-134 are not as good as this other form, and I wonder if some guidelines are just same same, such as household size, income requirements and tax information are just the same. Most of my doubts is to make sure my fiance meets the required amount not to use a co-sponsor.

I am still waiting on an RFE, but I don't see why not start organizing everything for a next step, so here it goes:

1) My fiance pays child support, but he does not have the children as dependents on his tax returns. Should they be added on household size? Part of the instructions says that yes, and the other says no... can someone help me? I copied here the two parts from the I-864 I am refering to.

Yes they need to be included see below.

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

Any dependents, no matter where they live under the age of 21, it's pretty black and white here.

"21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns."

Says to list them even if you don't have legal custody. You can exclude them if they have REACHED MAJORITY AGE UNDER LAW...in most states this means usually if they are 18.

2) Tax information. Should just the most recent be shown or the last three years? They leave it here kinda vague to me... any suggestions? Or should I seek people from the same embassy my process will go and see which they require?

You only need the most recent year.

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

In my opinion they say this for the I-864 because some might be really close to the minimums and sending 3 years showing that they can maintain sufficient income might help with the proof.

3) And on the 125% above poverty level requirement. That number is to be shown on the current income, from the employment letter? Or is it required to be already on the last tax report?

Current income is most important, not what you made last year so...your paystubs and employment letter are gonna hold more weight than last year taxes.

Edited October 14, 2009 by thepizzadude

[Carolina+James 1]

Thank you for the answers, so silly that a little "if" not read made me understand things wrong.

[Gary and Alla 3,694]

Hello,

I am curious if the instructions from I-184 apply for I-134 for K-1. The instructions for I-134 are not as good as this other form, and I wonder if some guidelines are just same same, such as household size, income requirements and tax information are just the same. Most of my doubts is to make sure my fiance meets the required amount not to use a co-sponsor.

I am still waiting on an RFE, but I don't see why not start organizing everything for a next step, so here it goes:

1) My fiance pays child support, but he does not have the children as dependents on his tax returns. Should they be added on household size? Part of the instructions says that yes, and the other says no... can someone help me? I copied here the two parts from the I-864 I am refering to.

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated tos upport."

"21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns."

2) Tax information. Should just the most recent be shown or the last three years? They leave it here kinda vague to me... any suggestions? Or should I seek people from the same embassy my process will go and see which they require?

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additiona lreturns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

3) And on the 125% above poverty level requirement. That number is to be shown on the current income, from the employment letter? Or is it required to be already on the last tax report?

There are no specific guidelines for the I-134, consulates tend to use the same as the I-864. You are safe making that assumption.

1. YES all children count in his family size

2. One year is sufficient unless it is to HIS advantage (looks better) to show three years This is the case for either the I-134 or I-864

3. Current gross income

[Carolina+James 1]

Thank you all, will check with the other brazilians for the exact form in packet 3 and 4.