I need your help

[Sayha or bust. 71]

im trying to sponsor my fiance and her 2 children from Vietnam. I'm a single father of 3 boys. My oldest is 19 and receives ssi approximately 7,000 dollars a year. I can include him in my taxes if needed or not if it helps me with income guide lines. So if I I claim him that would be 4 dependents on my taxes. Imade close to 39,000 dollars and will continue to make more each year because of our union contract. Will I qualify or will I have to have a consignor? Ihave a little 401 k plan and life insurance policies if that helps. Please help me. Rich

[VanessaTony 3,567]

This is the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf The I-134 uses the same poverty line as the I-864 which is needed for AOS later.

As you said your fiance has 2 children that's 3. Plus you, plus your 3 boys, making a household of SIX. That means you need to have earnt: $36,912.

This form: http://www.uscis.gov/files/form/i-864.pdf page 7 (start bottom of page 6 actually) explains the "household" thing much better than the I-134 does and should help you determine WHO is exactly in your "household" and who isn't.

Hope that helps

To re-iterate. When applying for K1 you use form I-134 so you are filling in the correct form. The 864 is the one for AOS and is AFTER your fiance and her children have arrived in the US and you have married. I'm using for examples it as it's instructions are much more clear.

Edited January 16, 2010 by Vanessa&Tony

[rika60607 215]

5 children, two adults, isn't it a household of 7?

Anyway, you made close enough amount of money, that you should pass and if not, you can always use your assets to make up the amount of income required.

[Sayha or bust. 71]

im trying to sponsor my fiance and her 2 children from Vietnam. I'm a single father of 3 boys. My oldest is 19 and receives ssi approximately 7,000 dollars a year. I can include him in my taxes if needed or not if it helps me with income guide lines. So if I I claim him that would be 4 dependents on my taxes. Imade close to 39,000 dollars and will continue to make more each year because of our union contract. Will I qualify or will I have to have a consignor? Ihave a little 401 k plan and life insurance policies if that helps. Please help me. Rich

That would be a total of 7 dependents if I claim my 19 year old son on my taxes. If 6 dependents puts me under the income guidelines I wont claim him. Is life insurance and 401 k considered a asset?

[Sayha or bust. 71]

This is the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf The I-134 uses the same poverty line as the I-864 which is needed for AOS later.

As you said your fiance has 2 children that's 3. Plus you, plus your 3 boys, making a household of SIX. That means you need to have earnt: $36,912.

This form: http://www.uscis.gov/files/form/i-864.pdf page 7 (start bottom of page 6 actually) explains the "household" thing much better than the I-134 does and should help you determine WHO is exactly in your "household" and who isn't.

Hope that helps

To re-iterate. When applying for K1 you use form I-134 so you are filling in the correct form. The 864 is the one for AOS and is AFTER your fiance and her children have arrived in the US and you have married. I'm using for examples it as it's instructions are much more clear.

DO I COUNT MYSELF AS A DEPENDENT? WE HAVE 5 KIDS TOGETHER, MY FIANCE AND MYSELF.

[JimVaPhuong 4,863]

Yes, you include yourself as a dependent.

First, are you filing for a K visa? That will make a big difference, since K visas require the I-134 affidavit of support, which will be reviewed by the consulate, whereas IR/CR spousal visas require the I-864 which is reviewed by USCIS.

The consulate may consider your eldest son to be a member of your household, even if you don't claim him as a dependent on your taxes. It depends on whether you provide support for him. I have 6 members in my household whom I support, but only 3 of them (including myself) can be claimed as dependents on my tax return. My income is comfortably above the threshold for a household of six, so the question never came up at the consulate. In your case, if it does come up then they'd probably deny the visa because you're under the wire for a household of 7. The consulate in HCM rarely accepts co-sponsors for K visas.

If you're filing for a IR/CR spousal visa, then you can use a co-sponsor.

[English Muffin 59]

Moving to K1 forum.

[Anh map 2,098]

It looks like your household will be 7. And as brother Jim stated, HCMC rarely accepts co-sponsors for a K petition. You will need to show current and ongoing income that exceeds $41,587. If you need to make up an income gap with assets, they assets need to be 3X the amount.

[Beth wa Salim 0]

im trying to sponsor my fiance and her 2 children from Vietnam. I'm a single father of 3 boys. My oldest is 19 and receives ssi approximately 7,000 dollars a year. I can include him in my taxes if needed or not if it helps me with income guide lines. So if I I claim him that would be 4 dependents on my taxes. Imade close to 39,000 dollars and will continue to make more each year because of our union contract. Will I qualify or will I have to have a consignor? Ihave a little 401 k plan and life insurance policies if that helps. Please help me. Rich

I'm confused....you say that you are trying to sponsor your fiancee and her 2 kids, but on your profile you say that you recently went to Veitnam and married your Cambodian princess. Are you married or not? If you are, you don't file a K-1.......

[Gary and Alla 3,694]

im trying to sponsor my fiance and her 2 children from Vietnam. I'm a single father of 3 boys. My oldest is 19 and receives ssi approximately 7,000 dollars a year. I can include him in my taxes if needed or not if it helps me with income guide lines. So if I I claim him that would be 4 dependents on my taxes. Imade close to 39,000 dollars and will continue to make more each year because of our union contract. Will I qualify or will I have to have a consignor? Ihave a little 401 k plan and life insurance policies if that helps. Please help me. Rich

It does not matter for family size if you claim your son or not. he is your son. Unless he is of age (he is) and emancipated (sounds like he isn't) then he counts in family size. I do not know where this compelling reason to mention income tax comes from, the USCIS is not the IRS and they do not care what breaks the IRS gives or not. A child is a child and unless the child is over 18 and self supporting, they count on your family size. As you describe the situation you family size will be 7. You, your fiancee, her TWO children and yoru THREE children.

401 K and life insurance helps little if any. As assets the 401K would count for 1/3 it's value AFTER penalties for early withdrawl. Only the cash value of a life insurance policy would count for 1/3. Check the povety guidelines for a family of 7. I think you are cutting it close, but $39,000 per year just may do it.

A Co-sponsor (not a co-signer) would need to be able to support a family of 3 PLUS whatever family he or she had.

[Gary and Alla 3,694]

It looks like your household will be 7. And as brother Jim stated, HCMC rarely accepts co-sponsors for a K petition. You will need to show current and ongoing income that exceeds $41,587. If you need to make up an income gap with assets, they assets need to be 3X the amount.

Ok, well I guess $39,000 doesn't do it. Yes, I get the same, family size 7. But it is close and in this case a 401K may make up the difference as an asset.

Poverty guidelines will increase March 1.

[Gary and Alla 3,694]

DO I COUNT MYSELF AS A DEPENDENT? WE HAVE 5 KIDS TOGETHER, MY FIANCE AND MYSELF.

Yes and no. You are not a "dependent" but you count in the family size, you have to support yourself also. Your family size is 7.

[Gary and Alla 3,694]

That would be a total of 7 dependents if I claim my 19 year old son on my taxes. If 6 dependents puts me under the income guidelines I wont claim him. Is life insurance and 401 k considered a asset?

If he is your dependent (and YOU do not determine that, the law does) and you do not claim him it is material misrepresentation and can result in the visa being denied.

Your other question has been answered.

This is the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf The I-134 uses the same poverty line as the I-864 which is needed for AOS later.

As you said your fiance has 2 children that's 3. Plus you, plus your 3 boys, making a household of SIX. That means you need to have earnt: $36,912.

This form: http://www.uscis.gov/files/form/i-864.pdf page 7 (start bottom of page 6 actually) explains the "household" thing much better than the I-134 does and should help you determine WHO is exactly in your "household" and who isn't.

Hope that helps

To re-iterate. When applying for K1 you use form I-134 so you are filling in the correct form. The 864 is the one for AOS and is AFTER your fiance and her children have arrived in the US and you have married. I'm using for examples it as it's instructions are much more clear.

3 + 1 + 3 = SEVEN

[Sayha or bust. 71]

It does not matter for family size if you claim your son or not. he is your son. Unless he is of age (he is) and emancipated (sounds like he isn't) then he counts in family size. I do not know where this compelling reason to mention income tax comes from, the USCIS is not the IRS and they do not care what breaks the IRS gives or not. A child is a child and unless the child is over 18 and self supporting, they count on your family size. As you describe the situation you family size will be 7. You, your fiancee, her TWO children and yoru THREE children.

401 K and life insurance helps little if any. As assets the 401K would count for 1/3 it's value AFTER penalties for early withdrawl. Only the cash value of a life insurance policy would count for 1/3. Check the povety guidelines for a family of 7. I think you are cutting it close, but $39,000 per year just may do it.

A Co-sponsor (not a co-signer) would need to be able to support a family of 3 PLUS whatever family he or she had.

How do you emancipate a child that's going to be 20 years old soon and who receives his own money from the government(ssi disability). I'd say he's self supporting unless USCIS counts that income towards my household size which if applicable puts me comfortably over the guidelines. Thanks for your response.

[Bobby+Umit 161]

(moved from K-1 to Embassy - I-134 related)