using savings for affidavit of support?

[LoveinPeru 2]

Hi all,

I only earn about $16,000 a year, and this will be the first time that I have ever filed taxes (and i have no dependents). However, I do have about $12,000 in savings and own a car. Do I still need a co-sponsor? I definitely have one in case (my parents, who make well over the poverty line and have lots of non-cash assets), but I was just wondering if what I make, plus my savings would be enough? Any ideas?

Thanks!

[Harpa Timsah 13,258]

You should be fine for the I-864 (which comes at AOS stage). 125% of the poverty line is currently $18,212 (assuming it's just you and your fiance). You need to make up 3 times the difference (because it will be a spouse case) which is $2,212 * 3 = $6,636 and you have $12K in savings. The I-134 is based on the I-864, but some consulates can be more strict in issuing the visa than the plain requirements (some consulates don't accept co-sponsors etc) . Someone with Peru experience will chime in, I am sure. I don't know if they take any leeway in determining support. Good luck.

[ZedbraGuy 6]

$16,000 income

savings in the US are one third so thats another $4,000

So for just the two of you thats well of the 125%

[TwoCats 55]

I haven't been able to find any documentation of using assets for the I-134. Perhaps someone else might be able to find that information. However, I was able to find this in the instructions for the I-864, which you will need to adjust status once you are married.

This is from the I-864 instructions:

"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference."

Also:

"Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value."

[LoveinPeru 2]

Thanks guys. That's helpful. Also, this will be the first year that I'm doing my own taxes, or even have enough income to do taxes. Can i use the form that I am filling out now to file my taxes or is there some official form that I'll get back from the IRS that I use (obviously, I'm totally oblivious to tax stuff).

[payxibka 10,044]

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.

[JimVaPhuong 4,863]

Thanks guys. That's helpful. Also, this will be the first year that I'm doing my own taxes, or even have enough income to do taxes. Can i use the form that I am filling out now to file my taxes or is there some official form that I'll get back from the IRS that I use (obviously, I'm totally oblivious to tax stuff).

What form are you talking about? The I-134?

The IRS doesn't send you anything. It's your responsibility to get the forms and file the return. You can get the forms at most post offices in the US, download them from the IRS website (irs.gov), or use any of the myriad of tax prep software or tax services to generate the forms. If you had income only from wages (i.e., your job), and you don't need to itemize deductions (most first time taxpayers are better off taking the standard deduction), and your income was reasonably low, then you can file a 1040EZ. It's the simplest of the tax return forms, only slighter larger than a post card.

Go to the IRS website, click "Individual", and start reading.

Ok, here's the thing about assets...

Immigration law spells out the income requirements for a legally binding affidavit of support in INA 213A. It also spells out the requirements for assets, including how they are valued to offset a shortage in income. The problem is that this section of immigration law doesn't apply to a K1 visa because it is technically a non-immigrant visa. This is why consulates usually use the non-binding I-134 instead of the legally binding I-864 when making the "public charge" determination for a K1 visa.

The Foreign Affairs Manual says a consular officer is supposed to require a copy of your tax return with an I-134. It also says a consular officer may consider assets as well as income. The problem is that it doesn't specifically say what the income or asset requirements are. Most people assume the consulate will apply the same standards as the I-864 requires, and this assumption has proven to be generally reliable, but there are variations at many consulates.

For example, the I-864 specifically allows for a joint sponsor, but some consulates rarely accept joint sponsors with an I-134. Some consulates have rejected an I-134 when the sponsor's income was short, and refused to consider listed assets. Other consulates are more lenient with the requirements, but only if the sponsor has a good reason for having insufficient income (student or recent college grad, for example), and has good prospects for improved future earnings (not on a fixed income like retirement or disability, for example).

In other words, nobody can promise you that the consular officer is going to accept your affidavit. Best to check the regional forums and see if someone else who went through the same consulate and submitted an affidavit in similar circumstances (income a little short, with a little savings to offset the shortage).