Income Question please help

[Jasmine.S 0]

my fiance doesnt meet the 125% for I-134 (as we're not sure if it really takes only 100) his mom doesnt either depending on the household number but the thing is she does with the social security benefits!! my question is.. should we write the total of what she makes along with the benefits? and how do we prove it?

[Samoray 165]

my fiance doesnt meet the 125% for I-134 (as we're not sure if it really takes only 100) his mom doesnt either depending on the household number but the thing is she does with the social security benefits!! my question is.. should we write the total of what she makes along with the benefits? and how do we prove it?

only a 100 % of the poverty guidelines according to the following :

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Source: http://travel.state.gov/visa/immigrants/types/types_2994.html#8

[Jasmine.S 0]

only a 100 % of the poverty guidelines according to the following :

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Source: http://travel.state.gov/visa/immigrants/types/types_2994.html#8

lol i gave u that link !! i guess i'm still paranoid on meeting the 125% and show it to the consulate as i dont want him to think i'll apply for any sort of public charge activity.. so i wanted to know how to prove the little extra income his mom makes (social security benefits) to meet the 125%

[Samoray 165]

lol i gave u that link !! i guess i'm still paranoid on meeting the 125% and show it to the consulate as i dont want him to think i'll apply for any sort of public charge activity.. so i wanted to know how to prove the little extra income his mom makes (social security benefits) to meet the 125%

Yes i know you gave it to me

i am just keeping the topic alive so someone else would kick in with another openion

[Jasmine.S 0]

Yes i know you gave it to me

i am just keeping the topic alive so someone else would kick in with another openion

i dont think anyone is gonna help :S i couldnt find anything on it all over the web

[Anh map 2,098]

As the Adjustment of Status is the next step for a K visa holder the Embassy/Consulate will often use the 125% requirement for the I-134 that supports a K visa petition.

Best info will come from a recent K1 going through Cairo.

If the mother is getting Social Security she includes her benfits statement to prove what she is getting.

[Jasmine.S 0]

As the Adjustment of Status is the next step for a K visa holder the Embassy/Consulate will often use the 125% requirement for the I-134 that supports a K visa petition.

Best info will come from a recent K1 going through Cairo.

If the mother is getting Social Security she includes her benfits statement to prove what she is getting.

thank you so much! the mother can only meet the 125% by adding the social security benefit! and the latest person went through it she said they met requirement that's a little over 14000 i kept trying to get more details but u know how people dont like talking about these things so i took it she meant the 100% but i can never be too sure!

[JimVaPhuong 4,863]

thank you so much! the mother can only meet the 125% by adding the social security benefit! and the latest person went through it she said they met requirement that's a little over 14000 i kept trying to get more details but u know how people dont like talking about these things so i took it she meant the 100% but i can never be too sure!

First, the consular officer has discretion. There is no "magic threshold" you have to meet, like there is with the I-864. The consular officer has to be convinced that the applicant won't become a public charge in the US. They use the I-134 only as a convenient screening tool - a place to summarize the sponsor's financial situation.

Second, think about this logically. Why would the consular officer issue a visa to someone whose sponsor barely meets 100% of the poverty guidelines when they know full well that they won't be qualified to be the sole sponsor for an I-864 when it comes time to adjust status? Why send someone to the US as an intending immigrant if they know they won't be able to adjust status? The consular officer is going to want some reassurance that the applicant is going to have a sponsor who can submit a sufficient I-864 at the time they need to adjust status. The policies that some consulates have regarding things like the I-134 and co-sponsors make this abundantly clear. You should presume they will expect a sponsor who can submit a sufficient I-864, which means 125% of the poverty guidelines.

The information posted on the Department of State's travel website is generally applicable to people sponsoring someone for a non-immigrant visa. The K1 is a non-immigrant visa with immigrant intent, so the standards they apply are different.

What kind of Social Security does your fiance's mother collect? There are three basic kinds; Social Security Retirement, Social Security Disability Income (SSDI), and Supplemental Security Income (SSI). The retirement and SSDI are qualifying income which can be included on the I-134. The SSI is not.

[Jasmine.S 0]

First, the consular officer has discretion. There is no "magic threshold" you have to meet, like there is with the I-864. The consular officer has to be convinced that the applicant won't become a public charge in the US. They use the I-134 only as a convenient screening tool - a place to summarize the sponsor's financial situation.

Second, think about this logically. Why would the consular officer issue a visa to someone whose sponsor barely meets 100% of the poverty guidelines when they know full well that they won't be qualified to be the sole sponsor for an I-864 when it comes time to adjust status? Why send someone to the US as an intending immigrant if they know they won't be able to adjust status? The consular officer is going to want some reassurance that the applicant is going to have a sponsor who can submit a sufficient I-864 at the time they need to adjust status. The policies that some consulates have regarding things like the I-134 and co-sponsors make this abundantly clear. You should presume they will expect a sponsor who can submit a sufficient I-864, which means 125% of the poverty guidelines.

The information posted on the Department of State's travel website is generally applicable to people sponsoring someone for a non-immigrant visa. The K1 is a non-immigrant visa with immigrant intent, so the standards they apply are different.

What kind of Social Security does your fiance's mother collect? There are three basic kinds; Social Security Retirement, Social Security Disability Income (SSDI), and Supplemental Security Income (SSI). The retirement and SSDI are qualifying income which can be included on the I-134. The SSI is not.

SSI but if we can prove that she makes extra money of it by submitting it along with the tax returns can it work?

[JimVaPhuong 4,863]

SSI but if we can prove that she makes extra money of it by submitting it along with the tax returns can it work?

No. SSI is a means tested federal benefit, funded by the taxpayers. It is essentially federal welfare. The whole point of having a sponsor is to guarantee the government that the immigrant won't become a public charge in the US, and collect means tested benefits. The sponsor cannot use means tested benefits to provide this guarantee.

[Jasmine.S 0]

No. SSI is a means tested federal benefit, funded by the taxpayers. It is essentially federal welfare. The whole point of having a sponsor is to guarantee the government that the immigrant won't become a public charge in the US, and collect means tested benefits. The sponsor cannot use means tested benefits to provide this guarantee.

i'm not sure yet if it's SSI or SS benefits! i just read benefits is ok to be counted!

is there any way i can send i-846 instead of i-134 or can i send both?

[JimVaPhuong 4,863]

i'm not sure yet if it's SSI or SS benefits! i just read benefits is ok to be counted!

is there any way i can send i-846 instead of i-134 or can i send both?

You have to send the affidavit that the consulate requires. If they require an I-134 (the overwhelming majority do for a K visa) then that's what you have to send. If they ask for an I-864 (a few consulates do) then that's what you have to send. Which affidavit form you use does not change the fact that the consular officer has discretion, though. It would also be very unusual for a consular officer to apply a higher income standard for an I-134 than they would for an I-864. I was simply saying that they usually don't apply a lower income standard for the I-134, at least not when a K visa is involved.

From your other posts and your PM, it sounds like the benefits are survivor death benefits. Those are benefits paid from someone's Social Security retirement to their surviving family members when the worker dies. It's a form of retirement income, based on the worker's accrued benefits, so it's qualifying income for an affidavit of support.

[Jasmine.S 0]

You have to send the affidavit that the consulate requires. If they require an I-134 (the overwhelming majority do for a K visa) then that's what you have to send. If they ask for an I-864 (a few consulates do) then that's what you have to send. Which affidavit form you use does not change the fact that the consular officer has discretion, though. It would also be very unusual for a consular officer to apply a higher income standard for an I-134 than they would for an I-864. I was simply saying that they usually don't apply a lower income standard for the I-134, at least not when a K visa is involved.

From your other posts and your PM, it sounds like the benefits are survivor death benefits. Those are benefits paid from someone's Social Security retirement to their surviving family members when the worker dies. It's a form of retirement income, based on the worker's accrued benefits, so it's qualifying income for an affidavit of support.

what u said is what my mother in law told me yesterday! that after he died they paid them that social security income and that it comes for her 3 children! but it's not added on her tax returns! so i guess there's a paper or something proves it.. so we should write the total number and show the tax returns and that paper proving the death benefits right?

[JimVaPhuong 4,863]

what u said is what my mother in law told me yesterday! that after he died they paid them that social security income and that it comes for her 3 children! but it's not added on her tax returns! so i guess there's a paper or something proves it.. so we should write the total number and show the tax returns and that paper proving the death benefits right?

Yes.

BTW, Social Security benefits are generally only taxable if your total income exceeds a certain threshold. Someone who would barely reach 100% of the poverty guidelines without the benefits would probably not need to declare the Social Security income on their tax return. My mother collects Social Security retirement benefits, in addition to a small retirement check, and her taxable income isn't high enough to require her to even file a return.