one more i-134 question...potential red flag?

[quann 26]

long story short last time i worked was in 2006. i got laid off, planned to take a few months off to travel and met my now fiancee in vietnam late '06. then i decided to take an extended time off, went back to school a bit and lived off my savings.

anyways realizing i need an actual income to sponsor my fiancee and infant son i took a job this past august. i'm making over 26k/year starting out. the problem is since i only worked for 4 months i can only show about 9k in salary through tax in 2010. i plan on submitting a letter from my employer showing i'm in good standing and it's a permanent position. i also plan on showing pay stubs through march/april of 2011. is this enough or will i need to do something else to show i can support 2 people (need 100% of 18k+ for a household of 3). i don't have tax returns for '08 or '09. i still have about 20k in assets that needs to be verified but in researching this won't make a difference as assets should be 18k*3=54k.

any knowledge or info into this matter will be greatly appreciated. thanks.

[chippo 2]

long story short last time i worked was in 2006. i got laid off, planned to take a few months off to travel and met my now fiancee in vietnam late '06. then i decided to take an extended time off, went back to school a bit and lived off my savings.

anyways realizing i need an actual income to sponsor my fiancee and infant son i took a job this past august. i'm making over 26k/year starting out. the problem is since i only worked for 4 months i can only show about 9k in salary through tax in 2010. i plan on submitting a letter from my employer showing i'm in good standing and it's a permanent position. i also plan on showing pay stubs through march/april of 2011. is this enough or will i need to do something else to show i can support 2 people (need 100% of 18k+ for a household of 3). i don't have tax returns for '08 or '09. i still have about 20k in assets that needs to be verified but in researching this won't make a difference as assets should be 18k*3=54k.

any knowledge or info into this matter will be greatly appreciated. thanks.

hey now,

there are very knowledgeable folks that are on here,,,think you may be ok, but they will give you the heads up

me still jobless,,,a little side work construction-under table,,,i have applications in,,,,you shake enough trees ,something will fall out of them

best of luck

chippo

[quann 26]

best of luck

chippo

you and me both brother

[Anh map 2,098]

You will need to show current income that satisfies the 125% poverty level for your household size. For 3 persons (you, son, & fiancee) it would be $23,162.

If your current annualized income exceeds the requirement you ought to be ok. Documenting this income with recent paystubs and an employer letter is best. To give yourself a bit stronger I-134 you could also include the assets as well.

Along with your affidavit you can include a statement explaining why you were not required to file a tax return in 08 and 09. ( You will need this at the Adjustment of Status phase when submitting the I-864). At HCMC it's never a bad idea to over prepare.

[quann 26]

thanks anh map. since k-1 only requires 100% of poverty line but you stated 125% is because when i go to do the i-864 the requirement is 125%? i have some sports collectibles that is currently insured for $24,000. i am assuming if i attach that current policy to the affidavit that should qualify as proof and worth of my assets?

[JimVaPhuong 4,863]

thanks anh map. since k-1 only requires 100% of poverty line but you stated 125% is because when i go to do the i-864 the requirement is 125%? i have some sports collectibles that is currently insured for $24,000. i am assuming if i attach that current policy to the affidavit that should qualify as proof and worth of my assets?

No, ignore the DoS guidelines for the I-134. The 100% applies mainly to non-immigrant visas that will not result in the visa holder immigrating to the US. The K1 is a unique animal - it's a non-immigrant visa that is specifically intended to allow the visa holder to complete the requirements to immigrate after arriving in the US. It would be pointless to apply the regular non-immigrant standard for a K1. Why would they send someone to the US with a K1 visa if they had a sponsor who qualified at 100% but not 125%? They wouldn't be able to adjust status after they arrived and married.

The consular officer also has broad discretion with an I-134. They can deny even if you meet the 125% threshold if they believe you won't be able to maintain your income at the required level, or if they believe you won't be able to adequately provide for the beneficiary.

Insured value is not relevant. People often insure their property for more than the fair market value. This is especially true with collectibles, since people often have an emotional attachment to their collections. You need to provide proof from an authoritative source of the market value of your collection; e.g., how much would you likely receive if you sold them on relatively short notice (within a year)? A rating from a reputable collector's guide book would be good. A written appraisal from an expert would be even better.

[quann 26]

good to know, thanks jim. i do have past sales figures and know plenty of "experts" in the hobby so that should be even easier.

as for what you said about k-1 and 125%...makes total sense. with the extra 25% that leaves me less breathing room on the annual 27k salary so I will definitely need to include these assets.

[Anh map 2,098]

Quann, do some reading here in the Vietnam forum to prepare yourself for how the process goes at HCMC. Learn from all the others that have gone before you. Some of us had easy times. Others have gone through a tough tough battle to obtain the visa. Still others have failed.

Ask questions and don't try to get by with the minimums. It will only cause delays and heartache. It's likely going to be tough. But when it's over, it will have been worth all the work and stress.

[quann 26]

yes i'm trying to soak in as much as possible. i am so GRATEFUL for finding this forum. i've been going at it w/o an attorney and you do get lost and need help when you hit a dead-end. from the stickied thread i've already picked up a couple important things like having the timeline notarized and the 10year residency that seems to be a big problem for some. the info here is priceless!

it does seem hopeless sometimes as there's always something else that needs to be done, but you try to finish off one thing a day and don't look too far ahead. i've known my fiancee for 5 years but i don't have much in the way of receipts and records and logs because tbh i did not see this coming and the relationship getting this serious, but sometimes life hits you hard in a good way

Edited March 24, 2011 by quann

[Cardin 0]

@Quann, on the same boat man. didn't think I need to keep those logs. It just got serious.