advice regarding I-134

[roger&meiya 0]

With the I-129F petition submitted, I now think about the next step, preparing for the I-134. Since it's also tax time right now, how I file on this return will also affect my I-134, so I would like some advice. Is GZ very stingy about the I-134 requirement? Obviously, my financial situation is not good or I wouldn't ask. I had a good job before, with earning well above requirement. But I was laid off early 2009. Then I started doing some work on my own. Overall, my 2009 income is drastically reduced. Of course, I can make this number higher on my tax return if I don't take some deductions. With all the deductions I can take, my adjusted gross income would be a bit below the 125% poverty line, around $16,000-17,000 or so. So, my first question is, should I make my income as high as possible on this tax return for 2009? Also, I have some savings (aroung $35,000 in a savings account), and a house in my name. Does GZ consider all these assets together? Basically, what I'm asking is, if my financial situation is just at/above that 125% poverty line requirement, would that be any concern or trouble with the GZ consulate?

[Darnell 8,478]

cash assets are GREAT - study the computations in the instructions on the I-864 (that's what the VO will use, for the I-134)

what was amount on Line 22, when you run your two seperate 'scenarios' , for 'each case' ?

[roger&meiya 0]

oops, I wanted to add/clarify a few points, but I can't seem to edit my original post, so adding them here.

So, since I was laid off in early 2009, I started doing some work on my own, technical consulting. I now have regular work with one company. Although I'm still not an employee per se (it's a very small company), they kept me as a counsultant. In this case, would a letter from that company do any good? What other things could help me with my I-134.

Would GZ consider all my assets together, especially the non-liquid asset like my house?

Should I still provide my previous tax returns, like 1, 2, 3 years ago? They will have much higher incomes compare to what I have for 2009 and 2010.

Thank you.

[Darnell 8,478]

you should provide 3 years of returns on the I-134. It's GUZ - that's what they want - be wary of advice about it from other folk not 'homed' to China.

[roger&meiya 0]

what was amount on Line 22, when you run your two seperate 'scenarios' , for 'each case' ?

Thanks so much for the quick reply. If I take all the deductions I can, Line 22 would be around $17,000 or so. And the other way, it's maybe a little over $19,000.

So, either way, the number is just above or below that magic 125% poverty line muber, $18,212...

Even though I have the cash assets, I wonder if GZ would frown up on an income that's lower than the 125% poverty line number.

[Darnell 8,478]

re: frowning - it depends on the CASH ASSETS amount. Study the computations with the I-864 form instructions - that's the math that the VOs use in Guangzhou IV unit.

Good Luck !

[garfield529 47]

You definitely want to get copies your returns for at least three years (because GUZ will mostly like ask for them given your situation) and to make it even easier you can order tax transcripts for fee from IRS. Since you have just filed your petition you have time to build up your income situation. If you are currently receiving a paycheck, that is what you use for computation of salary. Then, come interview time, you submit several months of paystubs with the I-134 to show your support. It is okay if you are laidoff for a while in 2009. The government wants to make sure that you are able to prevent your girl from going on tax payer programs if you can not take care of her. On the flip side, I have seen a lot of stories on here of guys asking about what to do if they have just lost their job prior to the interview. I think some of these guys are essentially asking if it is okay to not admit that their income situation has changed...and I guess if it is not asked you don't have to tell. Hope things work out for you. Put you waiting hat on....keep working hard..and it will be here before you know it.

[roger&meiya 0]

re: frowning - it depends on the CASH ASSETS amount. Study the computations with the I-864 form instructions - that's the math that the VOs use in Guangzhou IV unit.

Good Luck !

A side rant, why don't US just eliminate I-134 altogether and use I-864 since the consulates are using I-864 standards anyway... Yeah, I know I-134 is for non-immigrant visa, and I-864 is immigrant visa. But come on, has there any occurrance that K1 does not turn to an immigrant case? Just define K1 as an immigrant visa already or make it an exception, and use I-864 for it. Save us the trouble and confusion...

Anyway, I was reading the I-864 instruction, and I read that you can combine your income with your relatives if they reside with you in the same residence (also same with your dependents no matter where they live). This is different from a co-sponsor. Has anyone utilize this before? Can you do it with I-134? Thing is, my parents live with me though we don't claim each other as dependents. I sure could use their income numbers to boost my numbers...

Btw, how does GUZ view co-sponsors? Would they look down a case with co-sponsor, would my case be affected negatively with a co-sponsor? My current income is just above the 125% poverty line, plus I have about 40 grand in savings, plus a house in my name. Very good credit rating, no debt except the mortgage. So, should I or shouldn't I get a co-sponsor? Any advice would be great. Thanks.

[SunDrop 59]

A side rant, why don't US just eliminate I-134 altogether and use I-864 since the consulates are using I-864 standards anyway... Yeah, I know I-134 is for non-immigrant visa, and I-864 is immigrant visa. But come on, has there any occurrance that K1 does not turn to an immigrant case? Just define K1 as an immigrant visa already or make it an exception, and use I-864 for it. Save us the trouble and confusion...

Anyway, I was reading the I-864 instruction, and I read that you can combine your income with your relatives if they reside with you in the same residence (also same with your dependents no matter where they live). This is different from a co-sponsor. Has anyone utilize this before? Can you do it with I-134? Thing is, my parents live with me though we don't claim each other as dependents. I sure could use their income numbers to boost my numbers...

Btw, how does GUZ view co-sponsors? Would they look down a case with co-sponsor, would my case be affected negatively with a co-sponsor? My current income is just above the 125% poverty line, plus I have about 40 grand in savings, plus a house in my name. Very good credit rating, no debt except the mortgage. So, should I or shouldn't I get a co-sponsor? Any advice would be great. Thanks.

Erm, yup. Plenty of cases where they haven't proceeded with marriage for a number of reasons. Off the top of my head, there was a european couple who decided not to get married because the beneficiary was really miserable in New York where his fiance was. Another discovered his K-1 fiancee wasn't interested in marriage but rather stripping and partying.

I don't think they can expect the USC to make a legally binding financial commitment when the K-1 doesn't automatically grant residence. So no, please don't abolish the I-134s, they're an important pre-emptive check to ensure that newly married immigrant couples aren't badly burnt during the AOS process. If there's one thing we can conclude from active VJ participation is how many blindly go through the immigration steps, only to be shocked by new information on the way.

Edited April 17, 2010 by SunDrop

[Anh map 2,098]

A side rant, why don't US just eliminate I-134 altogether and use I-864 since the consulates are using I-864 standards anyway... Yeah, I know I-134 is for non-immigrant visa, and I-864 is immigrant visa. But come on, has there any occurrance that K1 does not turn to an immigrant case? Just define K1 as an immigrant visa already or make it an exception, and use I-864 for it. Save us the trouble and confusion...

Anyway, I was reading the I-864 instruction, and I read that you can combine your income with your relatives if they reside with you in the same residence (also same with your dependents no matter where they live). This is different from a co-sponsor. Has anyone utilize this before? Can you do it with I-134? Thing is, my parents live with me though we don't claim each other as dependents. I sure could use their income numbers to boost my numbers...

Btw, how does GUZ view co-sponsors? Would they look down a case with co-sponsor, would my case be affected negatively with a co-sponsor? My current income is just above the 125% poverty line, plus I have about 40 grand in savings, plus a house in my name. Very good credit rating, no debt except the mortgage. So, should I or shouldn't I get a co-sponsor? Any advice would be great. Thanks.

Unlike the I-864, you cannot combine incomes with the I-134. Any cosponsor would have to stand on their own on income. A GUZ veteran will have to weigh in on cosponsors being accepted.

[steveandrong 1]

Given your situation, i would definately consider having a co-sponsor....and they will ask to see the past three years tax returns...if you and in the least unsure if you will be showing enough income, then co-sponsor is the way to go.....can save you a lot of headaches and wasted time later.....just be sure it is a sponsor that is well heeled enough to not give guz any room to make an issue of it.

[pushbrk 12,108]

Given your situation, i would definately consider having a co-sponsor....and they will ask to see the past three years tax returns...if you and in the least unsure if you will be showing enough income, then co-sponsor is the way to go.....can save you a lot of headaches and wasted time later.....just be sure it is a sponsor that is well heeled enough to not give guz any room to make an issue of it.

I agree. The OP's income combined with cash asset DO meet the minimum and past tax returns with higher income are a plus. However, GUZ often subjects a lot of low income cases to pretty severe scrutiny of bona fides. If a co-sponsor is available, I'd get one.

[Darnell 8,478]

A side rant, why don't US just eliminate I-134 altogether and use I-864 since the consulates are using I-864 standards anyway... Yeah, I know I-134 is for non-immigrant visa, and I-864 is immigrant visa. But come on, has there any occurrance that K1 does not turn to an immigrant case? Just define K1 as an immigrant visa already or make it an exception, and use I-864 for it. Save us the trouble and confusion...

IMO, the I-134 'has less liability' for the USC than the I-864.

Things happen, ppl change their minds, so when the couple DOES NOT GET MARRIED, and the foreign fiancee returns to the home country - the USC IS NOT on the hook for 10 years, with the I-134.

The I-864, though - the USC is on the hook for 10 years.

Think about it - ah? the two don't get married AND the USC is on the hook for 10 years. Not fair to USC, who might have other SERIOUS issues to worry about as a result of the engagement being broken. IMO, the I-134 is that final 'escape clause' for the USC when the marriage doesn't take place.

[pushbrk 12,108]

IMO, the I-134 'has less liability' for the USC than the I-864.

Things happen, ppl change their minds, so when the couple DOES NOT GET MARRIED, and the foreign fiancee returns to the home country - the USC IS NOT on the hook for 10 years, with the I-134.

The I-864, though - the USC is on the hook for 10 years.

Think about it - ah? the two don't get married AND the USC is on the hook for 10 years. Not fair to USC, who might have other SERIOUS issues to worry about as a result of the engagement being broken. IMO, the I-134 is that final 'escape clause' for the USC when the marriage doesn't take place.

Yes, but if the beneficiary ceases to reside in the USA or is never granted residency and leaves the USA, the USC is no longer on the hook anyway. The ten years means nothing. On the other hand, if they don't leave and never work, the 10 years turns into "until death". There's actually a statute that prevents Consulates from using the I-864 for a K visa case. I think I first read about it in 2006 in the GUZ speaks forum at CFL.

[roger&meiya 0]

just be sure it is a sponsor that is well heeled enough to not give guz any room to make an issue of it.

What kind of issue(s) could there be? Anything I should watchout for?

I agree. The OP's income combined with cash asset DO meet the minimum and past tax returns with higher income are a plus. However, GUZ often subjects a lot of low income cases to pretty severe scrutiny of bona fides. If a co-sponsor is available, I'd get one.

Thanks for the advice. I'll definitely get a co-sponsor then, probably my mom. I had talked to her about this before, she has no problem with it.

So, just to be clear, if my mom is a co-sponsor, the househould number her income/assets needs to support is 3 (my mom, dad, and my fiancee), right? What about my dad? I mean my mom and dad live together, they file joint tax returns. So, would my dad's income/assets be of any use or benefit for co-sponsoring my case? I can only choose one for co-sponsor?

Finally, may parents and I live in the same house, though we don't claim each other as dependents, we file taxes separately. Would that be of any problem or issue?

Again, thank you all so much for providing answers. You don't know how much that means to me as my fiancee and I partake in this challenge...