I-134 Affidavit of Support

[James and Cynthia 70]

Hi everyone. I have many questions about the I-134 for my K-1 fiancee. If you know the answers to only some of them, please answer just those. I have read a few posts about this topic and seen some conflicting answers. Any help is appreciated.

1. Do I need to report my USC ex-wife as a partial dependent on my I-134 form in regards to my K-1 fiancee? My ex will be receiving alimony for another 5 years.

2. What about my children who I pay child support for, but I do not get to claim on my taxes? I assume I still report them as partially dependent since they live with me 35% of the time.

3. When reporting income, do I report my total annual income, without removing the amount paid for alimony and stock to my ex?

4. What if I don't have money in a savings account, but keep some extra as cash instead? Will that matter that I report none for savings? I have stock that vests quarterly from my company that I plan to report instead.

5. Should I report my 401k?

6. Do I need to report that my ex wife gets half of my unvested stock for the next 2 years as it vests? Should I only report the amount of unvested stock I have after subtracting what my ex gets?

7. I'm hoping that I should be able to include my total income without subtracting amounts that I pay my ex. Either way, the amount will be plenty, so I don't have to worry about that. I just think that payments to an ex are like debt that they don't care about, just like other debt. If they want that info, they can get it from my divorce decree. Things would be a lot easier if I just reported my W-2 income and didn't have to mention my ex or subtract her amounts, especially since the amount is high either way. What do you think?

8. When reporting my house value and mortgage, do I only report half since my ex gets half when it is sold in 3 years? Maybe I report the total value of the house and then put my ex's portion as part of the mortgage, leaving a difference matching the value I have in it?

9. When reporting life insurance, what do they mean by cash surrender value? I have life insurance equal to 5x my annual salary through work, 3x of which goes to my ex, and the other 2x to my father to give to my fiancee until she gets a SSN. I think the full value is given out if I die, so is that the surrender value? Do I put the full value as both the insurance amount and the cash surrender value?

Thanks everyone. Sorry for so many questions.

-James

[extremerecluse 32]

Hi everyone. I have many questions about the I-134 for my K-1 fiancee. If you know the answers to only some of them, please answer just those. I have read a few posts about this topic and seen some conflicting answers. Any help is appreciated.

1. Do I need to report my USC ex-wife as a partial dependent on my I-134 form in regards to my K-1 fiancee? My ex will be receiving alimony for another 5 years.

2. What about my children who I pay child support for, but I do not get to claim on my taxes? I assume I still report them as partially dependent since they live with me 35% of the time.

3. When reporting income, do I report my total annual income, without removing the amount paid for alimony and stock to my ex?

4. What if I don't have money in a savings account, but keep some extra as cash instead? Will that matter that I report none for savings? I have stock that vests quarterly from my company that I plan to report instead.

5. Should I report my 401k?

6. Do I need to report that my ex wife gets half of my unvested stock for the next 2 years as it vests? Should I only report the amount of unvested stock I have after subtracting what my ex gets?

7. I'm hoping that I should be able to include my total income without subtracting amounts that I pay my ex. Either way, the amount will be plenty, so I don't have to worry about that. I just think that payments to an ex are like debt that they don't care about, just like other debt. If they want that info, they can get it from my divorce decree. Things would be a lot easier if I just reported my W-2 income and didn't have to mention my ex or subtract her amounts, especially since the amount is high either way. What do you think?

8. When reporting my house value and mortgage, do I only report half since my ex gets half when it is sold in 3 years? Maybe I report the total value of the house and then put my ex's portion as part of the mortgage, leaving a difference matching the value I have in it?

9. When reporting life insurance, what do they mean by cash surrender value? I have life insurance equal to 5x my annual salary through work, 3x of which goes to my ex, and the other 2x to my father to give to my fiancee until she gets a SSN. I think the full value is given out if I die, so is that the surrender value? Do I put the full value as both the insurance amount and the cash surrender value?

Thanks everyone. Sorry for so many questions.

-James

I am not an expert, but according to those who have been on this site for ages, if your annual income will be sufficient to qualify under the federal poverty guidelines for your family size you have no need to use other qualifying documentation such as bank acounts, 401K, insurance policy values etc... by the way. are you a fed govt employee too?

[pushbrk 12,106]

Gross income is what you report as current income. Ignore all issues related to your ex-spouse but yes, count your kids. If your income alone is more than sufficient, its best to leave all asset questions blank. They are optional.

[James and Cynthia 70]

Gross income is what you report as current income. Ignore all issues related to your ex-spouse but yes, count your kids. If your income alone is more than sufficient, its best to leave all asset questions blank. They are optional.

Thanks. That will make things a lot easier.

Will I still need to show bank records, or can I simply supply my W-2 for the last 2 years, tax records for 3 years (including 2010), and a couple recent paycheck stubs? I have a verification letter from my company that says what my salary is. Should I show proof that the rest of my income comes from stock and bonus money since my salary doesn't match the larger amount on my W-2?

-James

[pushbrk 12,106]

Thanks. That will make things a lot easier.

Will I still need to show bank records, or can I simply supply my W-2 for the last 2 years, tax records for 3 years (including 2010), and a couple recent paycheck stubs? I have a verification letter from my company that says what my salary is. Should I show proof that the rest of my income comes from stock and bonus money since my salary doesn't match the larger amount on my W-2?

-James

If you provide tax returns, they should be complete, so all forms, schedules, W2 and 1099. If you have a good income from a steady employer, the most recent tax return, preferably 2010 at this time and a couple recent pay stubs should do it. Bank records are to support claimed assets. If you leave the asset questions blank, no need for bank records.

[payxibka 10,044]

moving 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. That will make things a lot easier.

Will I still need to show bank records, or can I simply supply my W-2 for the last 2 years, tax records for 3 years (including 2010), and a couple recent paycheck stubs? I have a verification letter from my company that says what my salary is. Should I show proof that the rest of my income comes from stock and bonus money since my salary doesn't match the larger amount on my W-2?

-James

Is your salary alone enough to qualify? If so, then that's what you should list on the I-134. That should be the same number that's on your letter of employment.

Unless the bonuses are guaranteed by your employee contract then you can't count on getting that money every year. If the company's profits tank then your bonus could be reduced or eliminated. If the stocks you're referring to are options that vest over time then you can't count on getting income from those, either. The stock price could drop below your option price, which would leave your vested shares worthless. If the stocks are part of an employee stock purchase plan then you're guaranteed to get the margin between the current purchase plan price and the market value, but only if you sell the shares the day they are purchased under the plan. If you sit on the shares and the price drops then you could end up losing money.

You're more or less assured of getting your base salary. If that alone is enough to qualify then that's all you need to list on the I-134.

[Mozzer1972 7]

If you provide tax returns, they should be complete, so all forms, schedules, W2 and 1099. If you have a good income from a steady employer, the most recent tax return, preferably 2010 at this time and a couple recent pay stubs should do it. Bank records are to support claimed assets. If you leave the asset questions blank, no need for bank records.

Do you need to count your kid even if you do NOT claim them as a dependent on your tax return?

[pushbrk 12,106]

Do you need to count your kid even if you do NOT claim them as a dependent on your tax return?

Yes, because if the other parent died tomorrow, you would be responsible for them. The I-134 doesn't make this clear but the I-864 used later makes in perfectly clear. Unless, by "kid" you meant a young goat.

Edited February 16, 2011 by pushbrk

[James and Cynthia 70]

Is your salary alone enough to qualify? If so, then that's what you should list on the I-134. That should be the same number that's on your letter of employment.

Unless the bonuses are guaranteed by your employee contract then you can't count on getting that money every year. If the company's profits tank then your bonus could be reduced or eliminated. If the stocks you're referring to are options that vest over time then you can't count on getting income from those, either. The stock price could drop below your option price, which would leave your vested shares worthless. If the stocks are part of an employee stock purchase plan then you're guaranteed to get the margin between the current purchase plan price and the market value, but only if you sell the shares the day they are purchased under the plan. If you sit on the shares and the price drops then you could end up losing money.

You're more or less assured of getting your base salary. If that alone is enough to qualify then that's all you need to list on the I-134.

Great. I'll just use my salary then. It should be plenty and it makes things much easier. Yes, you are correct about the options, but my company quit giving those out to as many people after the back dating issues. Instead, my stocks are RSUs, vesting like options but becoming fully mine upon vesting. They'll always be worth something unless the stock goes to zero or I lose my job. ESPP is always sold the day after purchase, guaranteeing the minimum earnings, however, it's usually much larger. Bonuses are given out every year, but not guaranteed. It's funny, for the government you say not to count these things, but during my divorce, of course they counted it all assuming the stock would continue to grow as it has lately.

Thanks for the information.

-Jmaes

[James_and_JoAnne 7]

This was a very useful post to me. Thank you.

I have an additional complication for my situation.

I have been unemployed receiving severance from my previous employer until January 31, 2011. I received normal paychecks from that company through January. In March I started a consulting position with a new company where I am paid monthly on 30 day terms. In this new position, I am self-employed and my first check from this company will be in May 2011. This consulting job might end at the end of May; my income for the three month period will easily exceed the poverty guidelines.

I am anticipating that the consulate interview will happen in July or August, but I would like to prepare the income and I-134 information now.

Any constructive advice is appreciated.

[JimVaPhuong 4,863]

This was a very useful post to me. Thank you.

I have an additional complication for my situation.

I have been unemployed receiving severance from my previous employer until January 31, 2011. I received normal paychecks from that company through January. In March I started a consulting position with a new company where I am paid monthly on 30 day terms. In this new position, I am self-employed and my first check from this company will be in May 2011. This consulting job might end at the end of May; my income for the three month period will easily exceed the poverty guidelines.

I am anticipating that the consulate interview will happen in July or August, but I would like to prepare the income and I-134 information now.

Any constructive advice is appreciated.

If you can't show current income at the time of the interview then you're going to have a tough time getting them to accept your affidavit of support as sufficient. Prior income from a source that's already ended isn't much use, except perhaps to demonstrate employability. Unfortunately, employability is not a factor the consulate considers of a sponsor. They want to see evidence of current income that meets the requirements, and evidence of an ability to sustain that income at the required level for the foreseeable future.

Perhaps a mod can break this off into a separate thread.

[pushbrk 12,106]

This was a very useful post to me. Thank you.

I have an additional complication for my situation.

I have been unemployed receiving severance from my previous employer until January 31, 2011. I received normal paychecks from that company through January. In March I started a consulting position with a new company where I am paid monthly on 30 day terms. In this new position, I am self-employed and my first check from this company will be in May 2011. This consulting job might end at the end of May; my income for the three month period will easily exceed the poverty guidelines.

I am anticipating that the consulate interview will happen in July or August, but I would like to prepare the income and I-134 information now.

Any constructive advice is appreciated.

Misread the dates. Your self employment income won't count until it shows up on a tax return. How do your liquid assets look? If not good, fortunately Guangzhou will accept co-sponsors for the K visas.

Edited March 13, 2011 by pushbrk

[James_and_JoAnne 7]

If you can't show current income at the time of the interview then you're going to have a tough time getting them to accept your affidavit of support as sufficient. Prior income from a source that's already ended isn't much use, except perhaps to demonstrate employability. Unfortunately, employability is not a factor the consulate considers of a sponsor. They want to see evidence of current income that meets the requirements, and evidence of an ability to sustain that income at the required level for the foreseeable future.

Perhaps a mod can break this off into a separate thread.

Misread the dates. Your self employment income won't count until it shows up on a tax return. How do your liquid assets look? If not good, fortunately Guangzhou will accept co-sponsors for the K visas.

Thanks to both of you. Two additional points/questions: I will file and pay quarterly taxes so I assume I can use that documentation as well.

Also, the income I will generate in the 3 months is far much greater than the required limits (125% of poverty for me + dependents) .. so does it actually matter how often I am working? In other words, if one is generating all of their income in part of the year, will it matter if they dont have income coming in at the time of the interview?

Pushbrk = I do have sufficient assets to show 5X .... would it be better to show that as well just to be safe?

[JimVaPhuong 4,863]

Thanks to both of you. Two additional points/questions: I will file and pay quarterly taxes so I assume I can use that documentation as well.

Also, the income I will generate in the 3 months is far much greater than the required limits (125% of poverty for me + dependents) .. so does it actually matter how often I am working? In other words, if one is generating all of their income in part of the year, will it matter if they dont have income coming in at the time of the interview?

Pushbrk = I do have sufficient assets to show 5X .... would it be better to show that as well just to be safe?

It doesn't really matter if takes you 3 months or 12 months to earn enough to qualify as a sufficient sponsor. What matters is if you can convince them that you'll be able to earn enough again next year and the year after, etc. It looks good if you can earn enough to qualify in a short period of time. It doesn't look so good if it was a one-time gig that's already ended. If you had done this consistently for several years, and had the tax returns to prove it, then you'd be considerably better off. Lacking that, they can presume that this was a one-time deal, and you are effectively unemployed. This whole thing isn't about crossing some invisible finish line in a calendar year - it's about convincing the consulate of your ability to maintain income at the required level.

If you plan on submitting an I-134 without any current income, and you don't plan on getting a joint sponsor, then you should definitely list your assets. You'll need evidence that proves you own the asset and proves it's current value. The threshold you need to meet should be 3X rather than 5X the annual minimum income level.