NEED HELP I-134 Advice

[PaulnUsa 19]

Hello I have a question concerning the affidavit of support I-134 and I-864 for a K-1 Visa. I am from the USA and my fiancée is from the Philippines. I am recently divorced I have not had any income for the last 3 years so I have no income tax returns. However I will be receiving $20K per year for the next four years in alimony. I also own my own home and auto. I have $40k in the bank. Do you foresee any problems I could have with the affidavit of support? If so why?

[PaulnUsa 19]

I have not worked for the last 3 years because my ex wife and I had reversed roles and I was staying at home homeschooling our daughter. So I have no tax returns showing I made any income for the last 3 years. However I own my own home and auto and have $50k in the bank and I have a court ordered Alimony for $20 a year for the next 4 years. But all I am hearing that I will still likly get turned down becuase I am filing in the philippines.

Can someone help? Is there anything amount of money or assets that can offset not having past 3 years income tax? To start with I have not found anywhere on the I-129F or the I-134 or I-864 that last 3 years incomce tax is even required? More less $20k is above the poverty line and many websites says real estate and cash saving should be able to offset income if it is too low. Can someone give me some info on Manila and how strict they are on the I-134 and what I can do to make sure this is not a problem. I am very worried and stressed about this and driving me crazy

[Penguin_ie 5,984]

Since you were married and staying at home, did you not file jointly with your ex? In any case, it is current income that counts most.

Did you mean to type $20'000 a year alimony? If so, you are making enough money to sponsor by yourself, especially with the savings you have too.

[Anh map 2,098]

As Penguin stated, you have tax returns for the past 3 years.

Current and ongoing income is what you need to demonstrate. For alimony payments you will need to show the court order and a deposit history to document that the alimony is actually being paid.

The income requirement for a household of 3 (you, your child, and fiancee ) is $23,162. If your only current income is $20K then you will need to show assets sufficient to cover $3,162. Assets are factored at a 3:1 ratio ($3 assets = $1 income). If you have $50K in the bank that will be more than enough.

See this I-864 FAQ to help you with establishing the value of the assets. >> http://travel.state.gov/visa/immigrants/info/info_3183.html While you are submitting an I-134 (at this stage), the embassy uses the I-864 standards regarding the I-134 in K1 visa petitions.

[Tim/Mav 305]

Hello I have a question concerning the affidavit of support I-134 and I-864 for a K-1 Visa. I am from the USA and my fiancée is from the Philippines. I am recently divorced I have not had any income for the last 3 years so I have no income tax returns. However I will be receiving $20K per year for the next four years in alimony. I also own my own home and auto. I have $40k in the bank. Do you foresee any problems I could have with the affidavit of support? If so why?

Take this with a grain of salt and await other Members replies.

This is my thought and Not Gold.

I'm going to assume you female. (no timeline) So I'll give you my thoughts One by One to your questions;

No Income for the past 3 years pretty much means to me you were a housewife and No Tax Returns since it was recent and nothing is Filed with the IRS in your name only. I'll get back to that in this post.

$20,000.00 a year in Alimony. Keep proof and copies of payments and show continuing bank statements. WARNING: Alimony is like Child Support. If you don't receieve it, it is not countable. ( I'm owed thousands from my Ex-Wife but since I don't get a dime it is Not Countable )

Owning your Primary residense. Thats hard for me to answer: It could depend on the Value of the home and what the Morgage is, thus, Equity.

Automobile is Not Countable as an Asset. Unless you Own 2 then One Auto is allowed as an Asset.

$40,000.00 in the Bank is good and in your favor but for the Income Requirements with no job you will need about $58,000.00 for a family of 2 in the household.

So, in my thoughts: It comes down to this. Get a $9.00 an hour job x 40 hours x 52 weeks to supply with your Petition which is over the Poverty line for 2. The $ 40,000.00 can be used as leverage if part-time.

Getting back to No Income in the Last 3 Years: Your Ex surely wrote you off in taxes. The Key to ALSO showing proof you will receive Alimony is to show his Earnings from Tax transcripts/w2's and his Earning potential to keep the Alimony currant.

JUST MY THOUGHTS.

[Ban Hammer 12,829]

duplicate topics merged

[JimVaPhuong 4,863]

Hello I have a question concerning the affidavit of support I-134 and I-864 for a K-1 Visa. I am from the USA and my fiancée is from the Philippines. I am recently divorced I have not had any income for the last 3 years so I have no income tax returns. However I will be receiving $20K per year for the next four years in alimony. I also own my own home and auto. I have $40k in the bank. Do you foresee any problems I could have with the affidavit of support? If so why?

Alimony, spousal support, and child support are generally qualifying income. However, the consular officer is free to disregard any of these if they have doubts the money will actually be received by the petitioner. Going by other people's experience, the embassy in Manila seems to give a lot more credence to earned income.

You should also look carefully into the terms of your alimony. Spousal support generally continues if the recipient remarries. Alimony generally does not. If this is the case, the consular officer would almost certainly disregard the alimony as income. You should also make sure you've got your terminology straight. Alimony is often paid until the recipient dies or remarries. Spousal support often has a fixed term. Are you sure you're not receiving spousal support instead of alimony?

[PaulnUsa 19]

You should also look carefully into the terms of your alimony. Spousal support generally continues if the recipient remarries. Alimony generally does not. If this is the case, the consular officer would almost certainly disregard the alimony as income. You should also make sure you've got your terminology straight. Alimony is often paid until the recipient dies or remarries. Spousal support often has a fixed term. Are you sure you're not receiving spousal support instead of alimony?

It is Rehabilatative alimony that is guaranteed for 4 years. Remarrying or anything else has no affect on it. It is paid to continue education for the term of 4 years.