Filling up I-134! Confused! Need Help!

[merkin&regine 18]

To all VJers,

I am confused on how to compute my Household size... I am divorced, and I dont have physical custody on my 2 sons but I pay child support for them and I have my kids on weekends. I also did sign an I-864 for my mom last mid 2009 and for my dad on early 2010. So with my fiance, I assume my Household size will be 6.. which i need $43,112 for 125% in Hawaii based on 2011. poverty guideline.

But since my mom and dad went back home already and has been in the Philippines for more than a year, and Just last week, I have them go to the US Embassy in Manila and have them surrendered thier green card and filed I-407 Abandonement of Lawful Permanent Resident Status. So would this mean that my new household size is 4 now? less my mom and dad since they have left US and have surrendered their green card last week? If so, my new income needed based on 2011 Poverty guideline for Hawaii at 125% is $32,137 right?

Here's what i'm doing, I wanted to use my 2011 tax return, so this is the reason why i scheduled my fiance's interview on Feb 29, 2011 as I'm sure my tax return will be done before then, and my estimated income will be $29,000 from my tax return and would declare the condo that we just purchased with the help of my Boss, so the condo is on Joint Tenancy. The 2011 state's assesment on the COndo is $157,000 but we purchased it last Oct 2011 for $149,000. The amount owed is around $110,000. Which value do i use for the form? I can also use my bank account as I have about $10,000.. so how many months of bank statements do I need to send with my affidavit of Support? With what i have right now, I'm sure i can meet the poverty guidelines right? Pls correct me if I'm wrong.

Now... my worry is... what if the consul will still count my mom and dad on the Household size? I will be in big trouble as even with my assets, It can't reach the household of 6 which is $43,112.... I hope this wont happen but if it does, Here's my contingencies:

I already asked my BOSS to co sponsor with me on I-134, now.. I know that Philippines consulate is very strict on co-sponsor for fiance I will also ask her to sign an I-864 as a co-sponsor too, just in case they will ask for it instead. I also have her signed and notarized sworn statment that she will co-sponsor on our AOS if needed. <--- is this OK?

On the sworn statement, it also states the relationship between me and my BOSS(co-sponsor), How long we've know each other, that I am like a son to her and that she helped us buy a condo for the future dwelling of me and my fiance. <---- Is this OK?

I miss my fiance so much and we both are so inlove with each other, I just want to be sure that she gets her vias without RFE's

Thank you so much and any input will be greatly appreicated and I'm sorry for the long narration

Edited December 18, 2011 by merkin78

[merkin&regine 18]

And also.. I May add that, I also included on the Sworn Statement signed by my BOSS(co-sponsor) and notarized that if neither of the documents above are accepted and my income does not meet the federal Poverty guideline, that my boss is willing to send a CASH BOND to the Embassy <----- is this OK? Is it Legal to state like this? I'm doing all my best just to get my fiance a visa as we missed each other so much..

Thanks and pls let me know if any of my plans cause red flags..

[az110965 252]

To all VJers,

I am confused on how to compute my Household size... I am divorced, and I dont have physical custody on my 2 sons but I pay child support for them and I have my kids on weekends. I also did sign an I-864 for my mom last mid 2009 and for my dad on early 2010. So with my fiance, I assume my Household size will be 6.. which i need $43,112 for 125% in Hawaii based on 2011. poverty guideline.

But since my mom and dad went back home already and has been in the Philippines for more than a year, and Just last week, I have them go to the US Embassy in Manila and have them surrendered thier green card and filed I-407 Abandonement of Lawful Permanent Resident Status. So would this mean that my new household size is 4 now? less my mom and dad since they have left US and have surrendered their green card last week? If so, my new income needed based on 2011 Poverty guideline for Hawaii at 125% is $32,137 right?

Here's what i'm doing, I wanted to use my 2011 tax return, so this is the reason why i scheduled my fiance's interview on Feb 29, 2011 as I'm sure my tax return will be done before then, and my estimated income will be $29,000 from my tax return and would declare the condo that we just purchased with the help of my Boss, so the condo is on Joint Tenancy. The 2011 state's assesment on the COndo is $157,000 but we purchased it last Oct 2011 for $149,000. The amount owed is around $110,000. Which value do i use for the form? I can also use my bank account as I have about $10,000.. so how many months of bank statements do I need to send with my affidavit of Support? With what i have right now, I'm sure i can meet the poverty guidelines right? Pls correct me if I'm wrong.

Now... my worry is... what if the consul will still count my mom and dad on the Household size? I will be in big trouble as even with my assets, It can't reach the household of 6 which is $43,112.... I hope this wont happen but if it does, Here's my contingencies:

I already asked my BOSS to co sponsor with me on I-134, now.. I know that Philippines consulate is very strict on co-sponsor for fiance I will also ask her to sign an I-864 as a co-sponsor too, just in case they will ask for it instead. I also have her signed and notarized sworn statment that she will co-sponsor on our AOS if needed. <--- is this OK?

On the sworn statement, it also states the relationship between me and my BOSS(co-sponsor), How long we've know each other, that I am like a son to her and that she helped us buy a condo for the future dwelling of me and my fiance. <---- Is this OK?

I miss my fiance so much and we both are so inlove with each other, I just want to be sure that she gets her vias without RFE's

Thank you so much and any input will be greatly appreicated and I'm sorry for the long narration

Wow - That was a long post...

To answer your questions. If your parents surrendered their green cards and have abandoned their residency then your household size is 4 (you, the 2 children and your fiance). The minimum income requirement is $32,137 for Hawaii. If your income will be $29,000 then you don't qualify on your own to sponsor.

Using an asset such as a house is a difficult thing with today's housing market. MOST Consulates will not allow the use of a house as an asset if their is a lein or mortgage attached to the home. Additionally, proving a home value is extremely difficult and Consulates that allo asset based income typically want to see LIQUID based assets (ie: money in an account).

To use asset based income you'll need 3x the deficiency. So in your case, your income is about $3,200 short of what you'll need. You'd need to show 3 x $3200 (about $7000) and even then there is no guarantee that the Consulate will accept cash on hand in lieu of income.

Your situation is even more difficult because typically Manila does NOT permit co-sponsors. Your boss may not be a suitable co-sponsor for this Embassy.

I highly recommend you post this question to the PI regional forum to get more exact answers, but I would think you may have problems at the interview...

Good luck

[merkin&regine 18]

Wow - That was a long post...

To answer your questions. If your parents surrendered their green cards and have abandoned their residency then your household size is 4 (you, the 2 children and your fiance). The minimum income requirement is $32,137 for Hawaii. If your income will be $29,000 then you don't qualify on your own to sponsor.

Using an asset such as a house is a difficult thing with today's housing market. MOST Consulates will not allow the use of a house as an asset if their is a lein or mortgage attached to the home. Additionally, proving a home value is extremely difficult and Consulates that allo asset based income typically want to see LIQUID based assets (ie: money in an account).

To use asset based income you'll need 3x the deficiency. So in your case, your income is about $3,200 short of what you'll need. You'd need to show 3 x $3200 (about $7000) and even then there is no guarantee that the Consulate will accept cash on hand in lieu of income.

Your situation is even more difficult because typically Manila does NOT permit co-sponsors. Your boss may not be a suitable co-sponsor for this Embassy.

I highly recommend you post this question to the PI regional forum to get more exact answers, but I would think you may have problems at the interview...

Good luck

Thank you for the reply.. I do state though that I have around $10k in my bank account, this would cover the deficiency right as 3*3200 = 9600.. if so, how many months of bank statements do I need to send with the suport?

And I know housing Market is BAD.. but I live in Hawaii in the Island of OAHU, our Housing Market is not as BAD as Las Vegas or other states.. and I thought they will will compute Home equity in housing value coz, it very rare for an american to have a house with no mortgage at all.. with the exception of the very rich peeps and the people who have been working for at least 50 years

Edited December 18, 2011 by merkin78

[az110965 252]

Thank you for the reply.. I do state though that I have around $10k in my bank account, this would cover the deficiency right as 3*3200 = 9600.. if so, how many months of bank statements do I need to send with the suport?

And I know housing Market is BAD.. but I live in Hawaii in the Island of OAHU, our Housing Market is not as BAD as Las Vegas or other states.. and I thought they will will compute Home equity in housing value coz, it very rare for an american to have a house with no mortgage at all.. with the exception of the very rich peeps and the people who have been working for at least 50 years

The money in the bank still may not be enough to satisfy the Consulate at Manila. If you read through the forums you'll find MANY situations in which the Consulate at that particular Embassy has been especially difficult to deal with when it comes to the affadavit of support.

Regarding your question about bank statements, I'd send at least a year's worth to show a money trail and that the funds didn't just show up in the bank right before the interview.

As far as the equity in your home, it is especially difficult to ascertain the true value of a home today, and even though your housing market might not be as bad as Las Vegas or Florida, unless you have an apprasial performed on your home (a recent one at a cost of about $500), the Consulate most likely will not consider all of the equity you claim on the I-134. Additionally, I believe you stated that your boss is also listed on the deed of the home, so the Consulate may not be inclined to allow the use of the home equity in their decision.

You might be well suited to email the Embassy directly with these questions. As I stated before, Manila is famous for not permitting co-sponsors except on a case by case basis, and then when I've seen co-sponsors approved it was close relatives not an employer.

[merkin&regine 18]

The money in the bank still may not be enough to satisfy the Consulate at Manila. If you read through the forums you'll find MANY situations in which the Consulate at that particular Embassy has been especially difficult to deal with when it comes to the affadavit of support.

Regarding your question about bank statements, I'd send at least a year's worth to show a money trail and that the funds didn't just show up in the bank right before the interview.

As far as the equity in your home, it is especially difficult to ascertain the true value of a home today, and even though your housing market might not be as bad as Las Vegas or Florida, unless you have an apprasial performed on your home (a recent one at a cost of about $500), the Consulate most likely will not consider all of the equity you claim on the I-134. Additionally, I believe you stated that your boss is also listed on the deed of the home, so the Consulate may not be inclined to allow the use of the home equity in their decision.

You might be well suited to email the Embassy directly with these questions. As I stated before, Manila is famous for not permitting co-sponsors except on a case by case basis, and then when I've seen co-sponsors approved it was close relatives not an employer.

OK... I will post this on the Philippines thread, and Yep! my boss is on the Deed and I have the recent Appraisal (the $700 appraisal) made on the Condo as this was just purchased about 2 months ago... I thought that if they do include the value of the condo, that they will just divide the equity by 2 as its joint tenancy..

Thanks..

Edited December 18, 2011 by merkin78

[Anh map 2,098]

OK... I will post this on the Philippines thread, and Yep! my boss is on the Deed and I have the recent Appraisal (the $700 appraisal) made on the Condo as this was just purchased about 2 months ago... I thought that if they do include the value of the condo, that they will just divide the equity by 2 as its joint tenancy..

Thanks..

If another person is on the deed then it is less likely that the asset will be accepted because a forced sale would effect another person. Plus your share of the home equity would be cut in half (assuming a 50/50 ownership arrangement).

[az110965 252]

OK... I will post this on the Philippines thread, and Yep! my boss is on the Deed and I have the recent Appraisal (the $700 appraisal) made on the Condo as this was just purchased about 2 months ago... I thought that if they do include the value of the condo, that they will just divide the equity by 2 as its joint tenancy..

Thanks..

That is a huge assumption when it comes to the Embassy in Manila. I am glad you are following my advice about posting this question in the PI regional forum, but to be on the safe side I'd also send an email to the Embassy with your situation. As good as the advice is on the regional forums, the Consulate still has the final and absolute decision regarding the acceptance of asset based I-134's or the use of a Co-sponsor. I'd hate to see you walk away from the interview with a 221(g) or worse, and outright NOID.

Best of luck.

[merkin&regine 18]

If another person is on the deed then it is less likely that the asset will be accepted because a forced sale would effect another person. Plus your share of the home equity would be cut in half (assuming a 50/50 ownership arrangement).

I understand the 50/50 cut as it's jont tenancy but, i am only short $3k.. which even a 50% on the equity is sufficient enough to cover the negative and i do have cash though that could also cover it... Hmmmm... i hope this works. but again, this is really up to to consulate, I just pray that my fiance will get a CO thats in a good mood..

Thanks for your reply guys... and if there's any input that you guys can share, i would love to hear from you.

Edited December 18, 2011 by merkin78

[KayDeeCee 4,902]

Thank you for the reply.. I do state though that I have around $10k in my bank account, this would cover the deficiency right as 3*3200 = 9600.. if so, how many months of bank statements do I need to send with the suport?

And I know housing Market is BAD.. but I live in Hawaii in the Island of OAHU, our Housing Market is not as BAD as Las Vegas or other states.. and I thought they will will compute Home equity in housing value coz, it very rare for an american to have a house with no mortgage at all.. with the exception of the very rich peeps and the people who have been working for at least 50 years

First, provide evidence that your parents went back home and gave up their green cards.

You can show the last few months worth of bank statements to prove you have $10k in savings, or get a letter from the bank stating when you opened the account, average balance and current balance. The 10k is technically enough to cover the amount of your income's shortcoming, but the more you can add to your savings to show for the affidavit, the better. You can also list your condo's net value too, if you wish. But just know they might not accept it because any assets must be able to be turned to cash within a year and not be a hardship on your family or a financial loss, and the fact that you share the deed with someone else might make the CO decline to include it.

"You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home."

http://www.uscis.gov/files/form/i-864instr.pdf

[merkin&regine 18]

First, provide evidence that your parents went back home and gave up their green cards.

You can show the last few months worth of bank statements to prove you have $10k in savings, or get a letter from the bank stating when you opened the account, average balance and current balance. The 10k is technically enough to cover the amount of your income's shortcoming, but the more you can add to your savings to show for the affidavit, the better. You can also list your condo's net value too, if you wish. But just know they might not accept it because any assets must be able to be turned to cash within a year and not be a hardship on your family or a financial loss, and the fact that you share the deed with someone else might make the CO decline to include it.

"You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home."

http://www.uscis.gov/files/form/i-864instr.pdf

Thanks .. and yep! I can have my parents Philippine passports and passports stamps that they left US but most importantly, I have a copy of their filed I-407 Abandonement of Lawful Permanent Resident Status which supports that they went to the US Embassy in the Philippines personally and surrendered their green card.

I will also ask my bank to provide me the average daily balance and current balance of my bank account. One last question? if my fiance's interview will be on feb 29? when would be the best time to ask the letter from my bank? What day and month of the year Thanks..

As far as my condo, It's kind a hard for me to include this unless my boss will sign a quit claim deed and just leave the name under mine? do you think this would be feasible too? as I still have time to let my boss sign a quitclaim deed... What do you think guys?

[az110965 252]

Thanks .. and yep! I can have my parents Philippine passports and passports stamps that they left US but most importantly, I have a copy of their filed I-407 Abandonement of Lawful Permanent Resident Status which supports that they went to the US Embassy in the Philippines personally and surrendered their green card.

I will also ask my bank to provide me the average daily balance and current balance of my bank account. One last question? if my fiance's interview will be on feb 29? when would be the best time to ask the letter from my bank? What day and month of the year Thanks..

As far as my condo, It's kind a hard for me to include this unless my boss will sign a quit claim deed and just leave the name under mine? do you think this would be feasible too? as I still have time to let my boss sign a quitclaim deed... What do you think guys?

I think that parent issue is an non-issue as you have proof that they abandoned their US residency.

As long as you include statements from the bank that substantiate the money in the bank was not just dumped there right before the interview you should be fine with that also.

The condo however is a sticking point. Obviously, you stand a better shot at having the Consulate consider your home equity if you are the only peron on the deed, but even then it is a 50/50 chance that the Consulate will consider the home as an asset due to the fact that it is not liquid and selling it in order to repay the government should your wife ever collect means tested benefits could be a difficult endeavor.

The bottom line is that with MOST Embassies you'd probably be ok with your income, the money in the bank and your co-sponsor as an ace in the hole, but with Manila you just never know.

[merkin&regine 18]

I think that parent issue is an non-issue as you have proof that they abandoned their US residency.

As long as you include statements from the bank that substantiate the money in the bank was not just dumped there right before the interview you should be fine with that also.

The condo however is a sticking point. Obviously, you stand a better shot at having the Consulate consider your home equity if you are the only peron on the deed, but even then it is a 50/50 chance that the Consulate will consider the home as an asset due to the fact that it is not liquid and selling it in order to repay the government should your wife ever collect means tested benefits could be a difficult endeavor.

The bottom line is that with MOST Embassies you'd probably be ok with your income, the money in the bank and your co-sponsor as an ace in the hole, but with Manila you just never know.

Thank you... I think this really needs divine intervention I will pray everyday that they would not give me a hard time on this.. I will just stick to what I have now and for whatever reason, they will deny it, then it's God's will. I did my best but it didnt fly. Maybe we would go for CR1 route if ever this wouldn't go but I really hate to see this fly away just because of $3k short on income

My last question for you too is that my BOSS is willing to deposit a CASH BOND for my fiance if needed... have you heard about an embassy that's willing to take this? Money is not an issue with my boss.. It's only me that has an issue with money.. hehehehehe Thanks..

[az110965 252]

Thank you... I think this really needs divine intervention I will pray everyday that they would not give me a hard time on this.. I will just stick to what I have now and for whatever reason, they will deny it, then it's God's will. I did my best but it didnt fly. Maybe we would go for CR1 route if ever this wouldn't go but I really hate to see this fly away just because of $3k short on income

My last question for you too is that my BOSS is willing to deposit a CASH BOND for my fiance if needed... have you heard about an embassy that's willing to take this? Money is not an issue with my boss.. It's only me that has an issue with money.. hehehehehe Thanks..

A cash bond is not acceptable as a source of income and that is what the affadavit of support is all about.

You have a great boss who it sounds like really cares about you and your happiness. So that being said, why don't you ask her for a raise to bring your income to the 125% of poverty guidelines? It computes to about $65 each week to make up the deficicncy and you'd have the required income to put all your fears to rest.

The Consulate will consider your CURRENT income at the time of the interview. SO... If your boss were to give you a $65 per week raise, you'd meet the income requirements and would not need to sweat whether a co-sponsor is acceptable...

[Anh map 2,098]

A cash bond is not acceptable as a source of income and that is what the affadavit of support is all about.

You have a great boss who it sounds like really cares about you and your happiness. So that being said, why don't you ask her for a raise to bring your income to the 125% of poverty guidelines? It computes to about $65 each week to make up the deficicncy and you'd have the required income to put all your fears to rest.

The Consulate will consider your CURRENT income at the time of the interview. SO... If your boss were to give you a $65 per week raise, you'd meet the income requirements and would not need to sweat whether a co-sponsor is acceptable...