Need help with Affidavit of Support

[rockytails 0]

Hello all. New to the fourms, but def the best source of information I know of.

What I need help with is the Affidavit of Support, both I-134 & I-864. The situation me and my fiancee are in is as follows: She only just started working about a month back, and it seems this presents some problems:

1. She will file her first tax return in Janurary, until then she has none to show let alone three.

2. She, at the moment, is not making the required 125% of the poverty guideline through work, but I am sure through other means (Inhertance, Child Support) it should reach the required amount.

Is it worth us even filing for the K-1 Visa at the present stature? Would it be problematic to file in the next 3 - 9 months? What can we do to resolve the issues?

Thank you in advance for any reply and help with this. I will be eternally greatful.

[Nik+Heather 121]

Hello all. New to the fourms, but def the best source of information I know of.

What I need help with is the Affidavit of Support, both I-134 & I-864. The situation me and my fiancee are in is as follows: She only just started working about a month back, and it seems this presents some problems:

1. She will file her first tax return in Janurary, until then she has none to show let alone three.

2. She, at the moment, is not making the required 125% of the poverty guideline through work, but I am sure through other means (Inhertance, Child Support) it should reach the required amount.

Is it worth us even filing for the K-1 Visa at the present stature? Would it be problematic to file in the next 3 - 9 months? What can we do to resolve the issues?

Thank you in advance for any reply and help with this. I will be eternally greatful.

Hi Rocky, welcome to Visa Journey! I'm a little confused about the background of your question because you haven't filled out your profile yet, but I'll try to make some guesses then answer based on that - you can tell me if I'm wide of the mark then.

I'm assuming: You have not filed a petition at all yet, and want to know about the financial sponsorship aspects.

Firstly, the financials do not come into play until the interview phase which will be 4 months away if your petition phase is fast, and maybe even 8 or 9 months away if you file during a slow period (and again after you arrive on the K-1 visa and then apply for adjustment of status). So, you do have some time to make things work out you don't have to have it all set before you file the petition to get the ball rolling. On the other hand, it's good to be prepared for these kinds of things before jumping in! It sounds like you know about the 125% poverty guidelines. This burden can be met in two ways, so I'll address them separately:

Income:

Income can be wages, some types of social security, and child support is also included. All of these must be documented. The wages are fairly straightforward with an employer letter, pay stubs, W-2s & tax filing information etc, Child support could also be easily proven with the court order showing the amount, then following that up with proof (bank statements etc) that it's coming in.

Income is the fastest way to boost your financials - could she ask for more hours at work or take on a second part time job etc?

The income of the beneficiary does not generally count, unless it can be proven that it will continue from the same source - ie: rental property which you will keep receiving money from or interest, etc.

Assets:

You mention that she is expecting an inheritance? I would keep in mind that unless her departed loved one set things up very well, that money may not be hers for some time, and could be substantially reduced by taxes, court fees, lawyer fees etc. before it ever reaches her bank account. Unless the process is nearing it's end and the final amount and date is set and known, I wouldn't count on this money. Other easily liquidated (so, not primary residence, car, etc, more along the lines of stocks, or straight up cash) assets can be used to make up income shortfall. Since you are an immediate relative (or will be) the ratio is 3:1. Meaning, if she needs to make 20k in income and only makes 18k, that's a 2k shortfall in income, and she would need 3 x 2k = 6k in assets to successfully sponsor.

The assets of the beneficiary DO count. In fact, if you have a moderate sum of money saved up, London lets people self-sponsor. However, you'll want to make sure you look ahead to the future adjustment of status filing - you don't want to get to the US and then be stuck without a green card!

Finally, if you can't work things out so that the numbers can meet your needs, you can submit the paperwork for a cosponsor. At the visa phase, this cosponsor would need to be able to support you (only the immigrant) as an addition to their existing household. That means, if the cosponsor lives alone, they would have a household of two, themselves and the immigrant. Your wife and her children don't come into it. Especially if you feel as though things will be border line, you might want to identify a cosponsor and get their paperwork done before the interview so that you could have it in reserve if needed.

All the best!

PS: Since you haven't filed yet, ESPECIALLY if financials are a concern, take a look at a comparison between the different visas. You may determine that it would be better for you two to get married and then apply for a spousal CR-1 visa instead of the K-1 fiance visa. The CR-1 would allow you to come in as a permanent resident and start working right away. Also, the fees are substantially less.

Edited to add paystubs to proofs of income, since that was actually one of the questions asked....duh Heather!

Edited October 28, 2010 by Nik+Heather

[rockytails 0]

Hi Rocky, welcome to Visa Journey! I'm a little confused about the background of your question because you haven't filled out your profile yet, but I'll try to make some guesses then answer based on that - you can tell me if I'm wide of the mark then.

I'm assuming: You have not filed a petition at all yet, and want to know about the financial sponsorship aspects.

Firstly, the financials do not come into play until the interview phase which will be 4 months away if your petition phase is fast, and maybe even 8 or 9 months away if you file during a slow period (and again after you arrive on the K-1 visa and then apply for adjustment of status). So, you do have some time to make things work out you don't have to have it all set before you file the petition to get the ball rolling. On the other hand, it's good to be prepared for these kinds of things before jumping in! It sounds like you know about the 125% poverty guidelines. This burden can be met in two ways, so I'll address them separately:

Income:

Income can be wages, some types of social security, and child support is also included. All of these must be documented. The wages are fairly straightforward with an employer letter, pay stubs, W-2s & tax filing information etc, Child support could also be easily proven with the court order showing the amount, then following that up with proof (bank statements etc) that it's coming in.

Income is the fastest way to boost your financials - could she ask for more hours at work or take on a second part time job etc?

The income of the beneficiary does not generally count, unless it can be proven that it will continue from the same source - ie: rental property which you will keep receiving money from or interest, etc.

Assets:

You mention that she is expecting an inheritance? I would keep in mind that unless her departed loved one set things up very well, that money may not be hers for some time, and could be substantially reduced by taxes, court fees, lawyer fees etc. before it ever reaches her bank account. Unless the process is nearing it's end and the final amount and date is set and known, I wouldn't count on this money. Other easily liquidated (so, not primary residence, car, etc, more along the lines of stocks, or straight up cash) assets can be used to make up income shortfall. Since you are an immediate relative (or will be) the ratio is 3:1. Meaning, if she needs to make 20k in income and only makes 18k, that's a 2k shortfall in income, and she would need 3 x 2k = 6k in assets to successfully sponsor.

The assets of the beneficiary DO count. In fact, if you have a moderate sum of money saved up, London lets people self-sponsor. However, you'll want to make sure you look ahead to the future adjustment of status filing - you don't want to get to the US and then be stuck without a green card!

Finally, if you can't work things out so that the numbers can meet your needs, you can submit the paperwork for a cosponsor. At the visa phase, this cosponsor would need to be able to support you (only the immigrant) as an addition to their existing household. That means, if the cosponsor lives alone, they would have a household of two, themselves and the immigrant. Your wife and her children don't come into it. Especially if you feel as though things will be border line, you might want to identify a cosponsor and get their paperwork done before the interview so that you could have it in reserve if needed.

All the best!

PS: Since you haven't filed yet, ESPECIALLY if financials are a concern, take a look at a comparison between the different visas. You may determine that it would be better for you two to get married and then apply for a spousal CR-1 visa instead of the K-1 fiance visa. The CR-1 would allow you to come in as a permanent resident and start working right away. Also, the fees are substantially less.

Edited to add paystubs to proofs of income, since that was actually one of the questions asked....duh Heather!

Hello my friend. Thanks for the reply. The reason for my profile being so blank is because we are no where near the process of filing yet, the foreseeable future is the best I can hope for, but you are spot on about everything you've said in your reply and you've helped me greatly. I hope we can keep our correspondence going.

I was hoping we could discuss some of the points you raised:

Firstly something you said about my income counting if it continues from the same source. I own with my family a business. What if I kept getting money from my buisness?

What bothers me most about the income part is that she's only just started working and I fear whoever I talk to will not like the sudden increase in income, sudden filing of a tax return etc.

On the assest side of things:

Her inheratance is all sorted out, she gets set amounts both yearly and monthly. When talking about my assests. I got plenty of my own in America, mostly in the shape of collectable games consoles, its a neat collection, but I would give it up to be with her. Would these count?

Also, I am interested in learning about being able to self-sponser, how much saved money we talking about? Hahaha.

In terms of a co-sponser, I doubt that will happen, I cant think of anyone who'd co-sponser me at present, but heres hoping.

Thank you once again for your response, and thank you in advance for your future help. I hope to hear from you soon. I hope I am not becoming too much of a Burden. RockyTails.

[Nik+Heather 121]

Hello my friend. Thanks for the reply. The reason for my profile being so blank is because we are no where near the process of filing yet, the foreseeable future is the best I can hope for, but you are spot on about everything you've said in your reply and you've helped me greatly. I hope we can keep our correspondence going.

I was hoping we could discuss some of the points you raised:

Firstly something you said about my income counting if it continues from the same source. I own with my family a business. What if I kept getting money from my buisness?

It depends. If you have to actually do any work to get that money, no, that income won't count. If, however you are receiving dividends or something like that, it would be "passive" income which does count. The whole thing is that if you enter on the K-1 fiance visa, you can't work for a few months until you get your green card. Makes sense? (All this changes if you decide to get married and go for the CR-1 spousal visa)

What bothers me most about the income part is that she's only just started working and I fear whoever I talk to will not like the sudden increase in income, sudden filing of a tax return etc.

I wouldn't worry about this, adding a job (a legit one, not a cash under the table one) is an easy to understand way to get more income. There are a lot of students on VJ who also suddenly just start earning money mid-year etc. Also, USCIS doesn't care about any sudden tax filings, they only care that they are up to date.

On the assest side of things:

Her inheratance is all sorted out, she gets set amounts both yearly and monthly.

I guess it depends on that inheritance then...Can she document the set amounts somehow? The best would be some sort of statement which would show a guarantee and time frame. Or, if nothing else, bank statements which show it's regular in-come. I assume that it is an asset which is in some sort of lower interest guaranteed annuity or something? Anyway, it shows up as income on her taxes, so maybe this isn't an asset issue, maybe it's an income issue. The tax filings are considered to be an accurate measure of income, and it's the gross income that counts.

When talking about my assests. I got plenty of my own in America, mostly in the shape of collectable games consoles, its a neat collection, but I would give it up to be with her. Would these count?

I can't speak for the immigration officers, but if I were making bets, I would say no. While I agree that it's pretty cool, there's just not a good way of proving the value, OR that you could sell it for what it's worth in a hurry if you had some sort of emergency (That's where liquidity comes in).

Also, I am interested in learning about being able to self-sponser, how much saved money we talking about? Hahaha.

I don't think London sets the bar too high for this, but again, you have to be careful about getting the visa and then not being able to complete the process and adjust status. I don't think you should stop looking for solutions until you have identified assets at a minimum 3:1 ratio of the income shortfall not knowing the specific numbers, I couldn't tell you how much is needed.

In terms of a co-sponser, I doubt that will happen, I cant think of anyone who'd co-sponser me at present, but heres hoping.

Thank you once again for your response, and thank you in advance for your future help. I hope to hear from you soon. I hope I am not becoming too much of a Burden. RockyTails.

No problem - not a burden at all. I like helping others through the process.

[rockytails 0]

It depends. If you have to actually do any work to get that money, no, that income won't count. If, however you are receiving dividends or something like that, it would be "passive" income which does count. The whole thing is that if you enter on the K-1 fiance visa, you can't work for a few months until you get your green card. Makes sense? (All this changes if you decide to get married and go for the CR-1 spousal visa)I wouldn't worry about this, adding a job (a legit one, not a cash under the table one) is an easy to understand way to get more income. There are a lot of students on VJ who also suddenly just start earning money mid-year etc. Also, USCIS doesn't care about any sudden tax filings, they only care that they are up to date.I guess it depends on that inheritance then...Can she document the set amounts somehow? The best would be some sort of statement which would show a guarantee and time frame. Or, if nothing else, bank statements which show it's regular in-come. I assume that it is an asset which is in some sort of lower interest guaranteed annuity or something? Anyway, it shows up as income on her taxes, so maybe this isn't an asset issue, maybe it's an income issue. The tax filings are considered to be an accurate measure of income, and it's the gross income that counts. I can't speak for the immigration officers, but if I were making bets, I would say no. While I agree that it's pretty cool, there's just not a good way of proving the value, OR that you could sell it for what it's worth in a hurry if you had some sort of emergency (That's where liquidity comes in).I don't think London sets the bar too high for this, but again, you have to be careful about getting the visa and then not being able to complete the process and adjust status. I don't think you should stop looking for solutions until you have identified assets at a minimum 3:1 ratio of the income shortfall not knowing the specific numbers, I couldn't tell you how much is needed.

No problem - not a burden at all. I like helping others through the process.

Absolutely the best information I could get. Thanks a million. I'll have to do my research into the whole 3:1 ratio stuff, but i'm sure its simple. Also, on me getting income from the same source. Yeah, it will be given to me, I wont have to work for it. Benefits of owning a family business, hahaha. Thanks again for all the help. I hope you can check out my future postings on these fourms as I post them. You have been a wealth of knowledge. RockyTails.

[payxibka 10,045]

Moving thread to:

US Embassy and Consulate Discussion

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

[Nik+Heather 121]

Hey Rocky,

I just wanted to point this thread out to you because it may have relevance in your case. It's an ongoing thing, but you may learn something from his RFE and submission that will pertain to you when it gets to be your turn!!

http://www.visajourney.com/forums/topic/281602-rfe

[rockytails 0]

Thanks for the link. I will keep his case in mind. Many thanks.