Income Requirements?

[hoping4happiness 1]

Ok, I have a job. But I still need like $9,000 in assets to meet the income requirements to sponsor my fiance and bring him over.

Well, My fiance has like over $28,000 in assets, plus about $10,000 in the bank.

I know you can combine your assets with a husband's. But will they let you combine your assets with your fiance's?

[Penguin_ie 6,000]

Normally not, but a couple of embassies, such as the US embassy in London, will consider it. A better option would be to transfer some of the assets into his name, but then, some embassies would see that as paying the petitioner for a visa.

Please fill in your profile info/ country and timeline and we can help you better.

[bigdog 377]

Find a sponsor, penguin has a good point.

[L+T 71]

Ok, I have a job. But I still need like $9,000 in assets to meet the income requirements to sponsor my fiance and bring him over.

Well, My fiance has like over $28,000 in assets, plus about $10,000 in the bank.

I know you can combine your assets with a husband's. But will they let you combine your assets with your fiance's?

If not possible to get co-sponsor at 134, it is possible for foreign fiancee to post bond or other, according to 134 instructions paragraph 3 (if otherwise admissable, except public charge, a foreign fiancee may provide bond or other). Assets must be convertable into cash within 12 months (not sure if this applies to foreign fiancee assets at 134, but should work at 864). If only $9000 short and fiancee offers to put up bond of $10,000, you may be ok at 134. You should look to be at 125% of poverty between your income and fiancee assets (bond offer or other)... The assets of $10,000 cash will only count at $3,333 or $2000 income (depending on if they count your fiancee as spouse or just another un-related foreigner, ie 1/5th for foreinger or 1/3rd for certain family members). IE, if your income is $15,000, plus a $10,000 bond would be equal to income of $18,333 or $17,000 (depending... at 134 could only be $17000, but 864 will be $18,333). To be safe, since you are so close with cash assets, look for co-sponsor at 134, it is fairly safe for co-sponsor to do a 134 without much risk to themselves. A lot more risky for the co-sponsor to do an 864, but it appears you would be ok for this including foreign assets your income and your new spouses cash (at 864). In the end, if the CO has all the information, it will be their decision anyway, so a lot would depend on how you present everything.

Good luck... you may want to consult a lawyer as well.... and if you do, please let us know what thay say.

[braem 0]

I have a question related to this, actually. I-134 requires 100% of the poverty guideline amount and I believe that all must come from US citizen sponsors. However, I also know that if you're applying for a visa as a spouse, the foreign citizen's income can be included (although correct me if I'm wrong). So my question is, after getting the K-1 visa and marrying and then applying for AOS (which includes I-864, with a 125% poverty guideline requirement), could the K-1 visa holder's assets be included?

For example, if a UK citizen has $10,000 in their UK bank account gets a K-1 visa with full US citizen sponsorship, then marries in the US and files for AOS with I-864, can that $10,000 be included in satisfying the 125% requirement?

And related to that, is the UK citizen legally allowed to work for a UK company in a UK job, but remotely? If so, can that be included as countable income for I-864 purposes?

[KayDeeCee 4,902]

Ok, I have a job. But I still need like $9,000 in assets to meet the income requirements to sponsor my fiance and bring him over.

Well, My fiance has like over $28,000 in assets, plus about $10,000 in the bank.

I know you can combine your assets with a husband's. But will they let you combine your assets with your fiance's?

Do you make $10k and are saying you need another $9k to reach the 125% of poverty level income requirement? Or did you already multiply the amount of assets you need by 3? If you are actually short $9k in income, you would need $27k in assets because assets have to be 3x the amount you are short with your income. If you were short $3k and need the $9k assets, it still puts you in a tough spot. You can contact the consulate your fiance will interview at and ask if he can partially self-sponsor by adding his $10k cash in the bank with your income. For most consulates, this will most likely not be an option though. Your best bet is to find a co-sponsor. It can be anyone, USC or LPR, that resides anywhere in the US.

[L+T 71]

<br />I have a question related to this, actually. I-134 requires 100% of the poverty guideline amount and I believe that all must come from US citizen sponsors. However, I also know that if you're applying for a visa as a spouse, the foreign citizen's income can be included (although correct me if I'm wrong). So my question is, after getting the K-1 visa and marrying and then applying for AOS (which includes I-864, with a 125% poverty guideline requirement), could the K-1 visa holder's assets be included?<br /><br />For example, if a UK citizen has $10,000 in their UK bank account gets a K-1 visa with full US citizen sponsorship, then marries in the US and files for AOS with I-864, can that $10,000 be included in satisfying the 125% requirement?<br /><br />And related to that, is the UK citizen legally allowed to work for a UK company in a UK job, but remotely? If so, can that be included as countable income for I-864 purposes?<br />

<br /><br /><br />

Yes, for 864 you are co-applicants... with co-assets and co-income. I traveled to Italy and worked for 2 months, still being paid by american company... as i was US citizen and never emigrated officially... Should be ok at least until you adjust status... after this point i would assume you would be required to include income on a US tax return... Be careful assuming 100% at 134, and be prepared to show assets and income of foreign fiancee at interview to prove you will be 125% within 3-7 months after moving to usa (ie assets and / or income of co-applicants). A 134 co-sponsor to hedge your bets would be nice if possible even if you don't think you would need one for 864. The 134 co-sponsor is very low risk for the sponsor (compared to 864 co-sponsor who could support foreign alien for life).

[L+T 71]

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Yes, for 864 you are co-applicants... with co-assets and co-income. I traveled to Italy and worked for 2 months, still being paid by american company... as i was US citizen and never emigrated officially... Should be ok at least until you adjust status... after this point i would assume you would be required to include income on a US tax return... Be careful assuming 100% at 134, and be prepared to show assets and income of foreign fiancee at interview to prove you will be 125% within 3-7 months after moving to usa (ie assets and / or income of co-applicants). A 134 co-sponsor to hedge your bets would be nice if possible even if you don't think you would need one for 864. The 134 co-sponsor is very low risk for the sponsor (compared to 864 co-sponsor who could support foreign alien for life).

Also, technically, american citizen could be 0% if foreign fiancee can support 125% alone... see paragraph 3 of 134 instructions... if otherwise admissible, except public charge, alien can post bond or other (up to foreigner to prove case). (but at 0% american, $10,000 alone would not be enough, would need more income or more assets). The magic number they will be looking for is 125% by 864, combined income and assets.

[L+T 71]

Normally not, but a couple of embassies, such as the US embassy in London, will consider it. A better option would be to transfer some of the assets into his name, but then, some embassies would see that as paying the petitioner for a visa.

Please fill in your profile info/ country and timeline and we can help you better.

All embassy's are required to consider the income and assets of the foreign fiancee if so presented at the interview. They cannot dismiss case solely on public charge without considering such offered documentation of assets or income of both the petitioner or beneficiary. This would be grounds for appeal. See paragraph 3 of 134 instructions, or general information on uscis:

http://travel.state.gov/visa/immigrants/types/types_2994.html

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

[KayDeeCee 4,902]

I have a question related to this, actually. I-134 requires 100% of the poverty guideline amount and I believe that all must come from US citizen sponsors. However, I also know that if you're applying for a visa as a spouse, the foreign citizen's income can be included (although correct me if I'm wrong). So my question is, after getting the K-1 visa and marrying and then applying for AOS (which includes I-864, with a 125% poverty guideline requirement), could the K-1 visa holder's assets be included?

For example, if a UK citizen has $10,000 in their UK bank account gets a K-1 visa with full US citizen sponsorship, then marries in the US and files for AOS with I-864, can that $10,000 be included in satisfying the 125% requirement?

And related to that, is the UK citizen legally allowed to work for a UK company in a UK job, but remotely? If so, can that be included as countable income for I-864 purposes?

UK will want 125% of the poverty level, even while using the I-134. London allows the beneficiary's income/assets to be counted in certain cases. Here is the info from the embassy website: http://london.usembassy.gov/faffidavit.html

I suggest you post your own thread in the UK regional forum. All consulates have their own specific procedures and guidelines they follow. You can get specific answers about how things work for the UK consulate there.

As for working remotely, if it is solely a UK company that is not in the US, then I think you should be able to, but you would have to pay US taxes on your income. I am not an expert about that though, so again, you might want to ask this as a separate question to get more and better answers.

Edited March 17, 2012 by Jay-Kay

[hoping4happiness 1]

Do you make $10k and are saying you need another $9k to reach the 125% of poverty level income requirement? Or did you already multiply the amount of assets you need by 3? If you are actually short $9k in income, you would need $27k in assets because assets have to be 3x the amount you are short with your income. If you were short $3k and need the $9k assets, it still puts you in a tough spot. You can contact the consulate your fiance will interview at and ask if he can partially self-sponsor by adding his $10k cash in the bank with your income. For most consulates, this will most likely not be an option though. Your best bet is to find a co-sponsor. It can be anyone, USC or LPR, that resides anywhere in the US.

I already did the math and multiplying. To make their requirement for the year (roughly $18,000 per year, give or take), if you don't have assets, you would basically need a full time job at almost $10 per hour.

I have full time at only $8 per hour. So that's only $15,360 per year. Leaving roughly $3,000 difference between my income and the requirement. Multiply that by 3 like they say, and you get around $9,000.

We will have to figure out a way to do this ourselves, because its pretty much impossible to find anybody willing to co-sponsor. I hear that suggestion A LOT, but its really not a doable solution for most people. As nice a person as I like to think I am-- if I had lots of money, I probably wouldn't co-sponsor for someone else, lol. People just freak out with the whole "immigration" subject, because people don't really know much about it, and anytime you ask someone to "co-sign" anything, a bunch of red flags go up! lol. Because people think "Something must be wrong, if they're not approving you...." They don't really get that its just an income thing.

[nurse1967 287]

Well being a cosponser is a huge responsibility. It made me nervous and I am the spouse. I have stated my opinion before that if you don't make the income on your own then I don't think you should be able to bring someone over. It's just my personal opinion. It is very expensive to go through the process and the expenses don't stop once your significant other arrives. USCIS made an error on my husband's green card and he couldn't work, get his license or even get added to my bank account until they straightened it out. That process took over 7 months with a congressman's intervention. If you don't have enough money to support 2 people then it might make more sense to immigrate to your significant other's country of origin.

[braem 0]

UK will want 125% of the poverty level, even while using the I-134. London allows the beneficiary's income/assets to be counted in certain cases. Here is the info from the embassy website: http://london.usembassy.gov/faffidavit.html

I suggest you post your own thread in the UK regional forum. All consulates have their own specific procedures and guidelines they follow. You can get specific answers about how things work for the UK consulate there.

As for working remotely, if it is solely a UK company that is not in the US, then I think you should be able to, but you would have to pay US taxes on your income. I am not an expert about that though, so again, you might want to ask this as a separate question to get more and better answers.

Thanks. Sorry for being dim, but where's the UK regional forum?

The current plan is to have my fiancée's parents sponsor for I-134 purposes, using my savings (which should be in excess of $10,000 by the time of interview) as a safe-guard; the number of financial dependents for I-384 purposes could mean that there isn't quite enough income to reach 125%. At this point, I'm guessing that the same sponsorship and savings would have to be used for I-864. I should post this in the UK regional forum, as you say.

[braem 0]

The current plan is to have my fiancée's parents sponsor for I-134 purposes, using my savings (which should be in excess of $10,000 by the time of interview) as a safe-guard; the number of financial dependents for I-384 purposes could mean that there isn't quite enough income to reach 125%.

To clarify, what I mean by this is that the parents' income may be close to the line, but I'm intending to use my savings as further backing.

[LeftCoastLady 441]

Thanks. Sorry for being dim, but where's the UK regional forum?

Here 'tis: http://www.visajourney.com/forums/forum/99-united-kingdom/