Evidence of Support for Kiev

[Mr. James 0]

Hi, everyone! This is my first post, but I've been reading this forum for many months now!

Okay, so our petition was just approved, so now I have a couple of questions regarding the evidence of support for the consulate in Kiev. I wasn't sure where exactly to post this, but since my questions are specific to Kiev, I thought here in the regional forum might be best.

Here is my financial situation: In 2007 and 2008, I made no money at all. In 2009, I worked for my dad as a contractor and filed taxes as self-employed and made a few hundred above the 125% poverty line. As of 2010, I'm still self-employed working for my dad. I plan to use my mother as a co-sponsor just in case since barely meet the requirements

Now for my questions:

1) Will one year's tax return (2009) suffice for the consulate in Kiev even though I'm self-employed? I thought I read somewhere that they require 3 years' tax returns for those who are self-employed, but I'm not sure.

2) As I mentioned above, I will be using my mother as a co-sponsor. My parents file taxes jointly, so what is the procedure for them filling out the I-134 form? Should both of them sign it or only the one who is acting as the sponsor. I've read different answers on this, and it's my understanding that what is expected varies from consulate to consulate. So what does the consulate in Kiev require in this situation?

3) For the joint sponsor, I'm trying to determine if my mother makes enough to qualify. Would we need to count me as a dependent for the purpose of calculating her household size? For example, should we count my mother, my father, my fiancee AND me or just my mother, my father and my fiance. If the household size is only 3, then she makes enough no problem, but if it's 4, then she falls a bit short. Can someone clarify this for me, please?

Any help or advice is greatly appreciated!

[payxibka 10,044]

3) you are not a member of the household unless they are supporting you as a dependent on there 1040

[Gary and Alla 3,694]

Hi, everyone! This is my first post, but I've been reading this forum for many months now!

Okay, so our petition was just approved, so now I have a couple of questions regarding the evidence of support for the consulate in Kiev. I wasn't sure where exactly to post this, but since my questions are specific to Kiev, I thought here in the regional forum might be best.

Here is my financial situation: In 2007 and 2008, I made no money at all. In 2009, I worked for my dad as a contractor and filed taxes as self-employed and made a few hundred above the 125% poverty line. As of 2010, I'm still self-employed working for my dad. I plan to use my mother as a co-sponsor just in case since barely meet the requirements

Now for my questions:

1) Will one year's tax return (2009) suffice for the consulate in Kiev even though I'm self-employed? I thought I read somewhere that they require 3 years' tax returns for those who are self-employed, but I'm not sure.

2) As I mentioned above, I will be using my mother as a co-sponsor. My parents file taxes jointly, so what is the procedure for them filling out the I-134 form? Should both of them sign it or only the one who is acting as the sponsor. I've read different answers on this, and it's my understanding that what is expected varies from consulate to consulate. So what does the consulate in Kiev require in this situation?

3) For the joint sponsor, I'm trying to determine if my mother makes enough to qualify. Would we need to count me as a dependent for the purpose of calculating her household size? For example, should we count my mother, my father, my fiancee AND me or just my mother, my father and my fiance. If the household size is only 3, then she makes enough no problem, but if it's 4, then she falls a bit short. Can someone clarify this for me, please?

Any help or advice is greatly appreciated!

1, One year is sufficient

2. Only OE person can fill out an I-134. If your mother is your fiancees (not YOUR) co-sponsor then she has to attach HER income infromation. Her tax return is fine, but she needs to show what portion of it is HER income. She cannt combine incomes with your father on the I-134

3. Only your mother and Fiancee count. Family size 2. Your father is not a dependent and neither are you.

[Mr. James 0]

Hi, thank you both very kindly for your responses.

Gary and Alla, the reason I thought that my mother must include my father as a dependent is because of the wording on the I-864 instructions. I was under the impression that the consulates use the same guidelines for the I-134 as they do for the I-864. For counting household size, the instructions state as follows:

"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..."

Am I misinterpreting this?

Thanks again for your help!

[Gary and Alla 3,694]

Hi, thank you both very kindly for your responses.

Gary and Alla, the reason I thought that my mother must include my father as a dependent is because of the wording on the I-864 instructions. I was under the impression that the consulates use the same guidelines for the I-134 as they do for the I-864. For counting household size, the instructions state as follows:

"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..."

Am I misinterpreting this?

Thanks again for your help!

Yes, you are misinterpretting. Because you are using the instructions for the I-864 not the I-134 (for which there are no instructions) The I-864 allows combining incomes. On the I-864 she would count your father, but could also count his income (I-864a) as a member of the same household

Your father has his own incoem which is not counted for the I-134. He is self supporting. Her family size for the I-134 is TWO. Herself and your fiancee. You are not a dependant of your mother, but you still must submit an I-134 (even if your incoe is -0-) and you count yourself on your I-134. Your family size is also TWO, you and your fiancee.

Also the I-864 is used for many types of sponsorships and, for example, when you do one for your WIFE (for the AOS) you will NOT count her as your spouse as she is the intending immigrant. YOU will answer -0- to listing a "spouse" on the I-864 for her AOS.

[slim 1,514]

Mr. James, I think you're bolding the "any spouse" part but skimming over the "whom you are still obligated to support" part. If she's not obligated to support him, she doesn't need to list him.

My two cents - you make over 125% so you don't need a cosponsor. It doesn't say you need to make X amount over, it says over. You make over. That's good enough. They don't make "judgement calls" based on your income, all they're trying to do with income stuff is verify this young woman is not coming here to mooch off the system. I would not use a cosponsor.

[Gary and Alla 3,694]

Hi, thank you both very kindly for your responses.

Gary and Alla, the reason I thought that my mother must include my father as a dependent is because of the wording on the I-864 instructions. I was under the impression that the consulates use the same guidelines for the I-134 as they do for the I-864. For counting household size, the instructions state as follows:

"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..."

Am I misinterpreting this?

Thanks again for your help!

Consulates use the same INCOME guidelines for the I-134 (generally)

There is way too much definition being put on something undefineable. Consulates need to determine that there is little or no risk of your fiancee becoming a public charge. That is all. Period. There ARE NO definitions beyond that. Consulates have complete and full latitude to determine this. Some are very lenient, some are very strict, some even require an I-864 for the non-immigrant K-1 visa. They can do what they want. The I-134, is, in fact, not necessary at all. It is a convenience form that serves as a cover letter for what you attach to it.

Self supporting, adult US citizens, whether they are your spouse or your children are not counted as dependants by consulates. Nor are spouses counted as "dependants" on tax returns. IF your mother is also your joint sponsor for the I-864, she will count both her and your father's income and both will count in family size.

[Gary and Alla 3,694]

Mr. James, I think you're bolding the "any spouse" part but skimming over the "whom you are still obligated to support" part. If she's not obligated to support him, she doesn't need to list him.

My two cents - you make over 125% so you don't need a cosponsor. It doesn't say you need to make X amount over, it says over. You make over. That's good enough. They don't make "judgement calls" based on your income, all they're trying to do with income stuff is verify this young woman is not coming here to mooch off the system. I would not use a cosponsor.

Slim is correct that for Kiev or Mosocw, if your CURRENT income is more than 125% of the guidelines, you should be fine with no co-sponsor. You will also be fine for the AOS.

As a general point, consulates are not obligated to issue a visa if you make $12 more than the annual required to meet 125% of the guideline, and some would not. Kiev and Moscow, at least until now, has never made things more difficult than required by the minimums for support purposes.

I would not be so broad as to say consulates do not make judgement calls...some do and they ALL can.

Knowing what I know, if I made over 125% and was using Kiev or Moscow, I would not use a co-sponsor either.

[Mr. James 0]

Thank you both, Gary and Alla and Slim, for the very useful information. You've both been a great help!

[slim 1,514]

I'd also like to point out, Mr. James, that someone who had no income a few years ago who is now just starting out with income is most likely a student (or was) and is transitioning into a career where they're going from 0% to 125% and are soon going to be well above that. They've seen that plenty of times before and realize that just because you didn't have any money before and are just barely over now, that doesn't mean you're not going to be well over this year or next. They get it.

Gary is correct, they can make a "judgement call" on anything they want.

However, your income status probably means you're a bit younger and most likely, pretty close in age and "societal level" to your prospective fiancee. Typically, any "judgement calls" are reserved for a rich old man who's been married a time or two before and wants to marry a young girl who can barely speak English and comes from a small village. Is it true love? I don't know. But, sometimes they like to judge!

If you're around the same age, don't have an international marriage attempt or two in your past, and make OVER the 125% - even if it's just barely over - you have nothing to worry about.

[Mr. James 0]

slim, yes you're correct I was indeed a student in '07 and '08. You're also right that I'm relatively young. I'm 26 and my fiancee is just a few months older than I am, so yes we're very close in age. Your words are encouraging especially since I've worried through this whole process. I guess it's natural to do so though. Anyways, thanks again for all your help!

[slim 1,514]

No problem, man. Take it easy, fill out the papers and send 'em in. You'll be fine.