I-864, Affidavit of Support questions

[andy1985 0]

Hello,

I'm just wondering that my girlfriend can't afford the total sum of the requirement, she has a dependent her son so the household size would be 3 which is just above $23,000. But she does live with her Mum...I saw on this site

Affidavit of support instructions

"How Can My Relatives and Dependents Help Me Meet the Income Requirements? You may use the income of your spouse and/or any other relatives living in your residence if they are willing to bejointly responsible with you for the intending immigrant(s)you are sponsoring. If you have any unrelated dependents listed on your income tax return you may include their income regardless of where they reside. The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsorand Household Member, and if they are at least 18 years ofage when they sign the form."

Does this mean that my girlfriends mum can actually help by combining her income with my girlfriends income to reach the $24,000 mark? This is what i'm gathering from the above statement...would her mum also have to file a I-864 along with the I-864A form?

Any information would be greatly appreciated.

[dap 5]

Yes, that is considered a co-sponsor.

[andy1985 0]

So there incomes would essentially become one? as they are living in the same household. Thats a big phew off my back. Though can i ask one final question when filling out form I-134 would i have to include one from my girlfriend and one from her mother?

The reason i ask is that say both made $12,000 totalling $24,000 combined...would they fail the application as both I-134's list a annual income of onl $12,000 or would they see that both parties live at the same address and then total it up? Or would it be better to file the I-864 and I-864a with the I-129F package instead of using the I-134s.

[Persepolis 5]

Or would it be better to file the I-864 and I-864a with the I-129F package instead of using the I-134s.

The affidavit of Support is not needed with the filing of the I-129F. It is needed for packet 3 and the embassy interview stage.

[KayDeeCee 4,900]

So there incomes would essentially become one? as they are living in the same household. Thats a big phew off my back. Though can i ask one final question when filling out form I-134 would i have to include one from my girlfriend and one from her mother?

The reason i ask is that say both made $12,000 totalling $24,000 combined...would they fail the application as both I-134's list a annual income of onl $12,000 or would they see that both parties live at the same address and then total it up? Or would it be better to file the I-864 and I-864a with the I-129F package instead of using the I-134s.

You do not send the financial info with the I-129F petition. You should check the guide here: http://www.visajourney.com/content/k1guide

I do not know what consulate you will be going through, but most of them take the I-134 for K-1 visas. The income of the co-sponsor and your fiancee cannot be combined. They will both fill out an I-134 when it is time for you to have your interview. The co-sponsor will need to qualify all on their own at 125% of the poverty line or higher for their household size + you.

[andy1985 0]

Ok so now i am confused, i thought from the above statement mentioned in my first post that the income of all relatives that reside in a single domicile could be combined...thats what i understood from the above statement or is that only on the I-864 form and not on the I-134 form? Would a single person have to meet the requirements for the I-134 form? Then when i filed for AOS the I-864 form could use the combined income of a household? I would be using the London US consulate.

[payxibka 10,048]

Ok so now i am confused, i thought from the above statement mentioned in my first post that the income of all relatives that reside in a single domicile could be combined...thats what i understood from the above statement or is that only on the I-864 form and not on the I-134 form? Would a single person have to meet the requirements for the I-134 form? Then when i filed for AOS the I-864 form could use the combined income of a household? I would be using the London US consulate.

London consulate is not involved in AOS process so the i-864 question does not apply to them, but the USCIS. if the income is to be combined then the i-864/i-864a is used

Edited September 25, 2011 by payxibka

[andy1985 0]

So the income can be combined on the I-864 when we apply for the AOS when i finally move over there correct?

Also i have also read the the I-134 doesn't have to reach the 125% poverty guideline but infact can meet the 100% poverty guideline, my girlfriend currently earns $14,526 a year roughly so would only need to make another $4000 to equal the $18,530 mark for the 100% poverty guideline for a household size of 3, i take it she could list her vehicle and any applicable savings to reach this level?

Then once i am over there the combined income of her mother and herself can be used on the I-864 and I-864a forms correct?

[KayDeeCee 4,900]

So the income can be combined on the I-864 when we apply for the AOS when i finally move over there correct?

Also i have also read the the I-134 doesn't have to reach the 125% poverty guideline but infact can meet the 100% poverty guideline, my girlfriend currently earns $14,526 a year roughly so would only need to make another $4000 to equal the $18,530 mark for the 100% poverty guideline for a household size of 3, i take it she could list her vehicle and any applicable savings to reach this level?

Then once i am over there the combined income of her mother and herself can be used on the I-864 and I-864a forms correct?

Yes, you will use the I-864 when you file for AOS, and then if the co-sponsor lives in the same house as the primary sponsor, an I-864A can be used to combine their incomes.

Most consulates go by the 125% level, even when using the I-134. This is because you will need to have the 125% when you file for AOS. I believe London uses the I-134 for the K-1 visa interview and requires the 125% level. You can ask in the UK specific forum to make sure: http://www.visajourney.com/forums/forum/99-united-kingdom/

If your fiance needs to use assets to make up for falling short of the 125% mark, then she will need to have 3 times the amount. So, if she is short $4,000, then she will need $12,000 in assets.

[andy1985 0]

Can the I-134 be like the I-864 that allows a sponsor and a relative that lives in the same address to file jointly? If so would i have to file 2 I-134's one for each person with proof that both parties live in the same address?

[KayDeeCee 4,900]

Can the I-134 be like the I-864 that allows a sponsor and a relative that lives in the same address to file jointly? If so would i have to file 2 I-134's one for each person with proof that both parties live in the same address?

Once again, no. You cannot combine incomes with the I-134. The primary sponsor (petitioner) must make enough on their own, or the co-sponsor filling out their own separate I-134 must make enough on their own. There is no combining of incomes with the I-134 at the K-1 visa interview.

The I-864 is used when you file for AOS after you are in the US and married. That form allows for someone living at the same address to combine their income with the primary sponsor to meet the 125% level.

The fiance(e) visa (K-1) uses the I-134 and does not allow the incomes to be combined. If the petitioner does not make enough on their own, then they need to have the assets to make up the difference x3, or get second job to make enough. If the co-sponsor does not make enough to qualify on their own, then find another one that does. If you have savings, ask in the UK forum about the beneficiary being able to use their own assets to help qualify financially.

A spousal visa (CR-1) also uses the I-864 and will allow for the use of the I-864A and combing of incomes. Perhaps you should check into getting married and filing for a spousal visa instead. http://www.visajourney.com/content/compare

[andy1985 0]

well thats annoying...i take it i can't use the I-864 in place of the I-134 at the interview stage.

well thats annoying...i take it i can't use the I-864 in place of the I-134 at the interview stage. Don't really like the idea of getting married then having to come back to the UK for a long wait while the spousal visa goes through. I've read that the spousal visa takes longer to come through then the fiance visa.