Affidavit of support

[David R 2]

Hi All,

I have a question re the affidavit of support for the K1 visa. My fiance is coming with me to Australia while we wait on the visa and so will not have a job at the time we need the affidavit.

She will have quite a bit in her account or alternatively we could get one from her parents if that is possible.

Can someone tell me if we would be able to use her parents or her funds in her account or do we need payslips from her job?

Thanks so much.

David

[Que Saudade 284]

You can use a co-sponsor if they meet the financial requirements set forth here I-864P

For K1, the I-134 is used. Read all about it and the instructions....

Good luck

[KayDeeCee 4,900]

Hi All,

I have a question re the affidavit of support for the K1 visa. My fiance is coming with me to Australia while we wait on the visa and so will not have a job at the time we need the affidavit.

She will have quite a bit in her account or alternatively we could get one from her parents if that is possible.

Can someone tell me if we would be able to use her parents or her funds in her account or do we need payslips from her job?

Thanks so much.

David

She will need 3 times what she needs for her household size. If it just the 2 of you, she will need at the very minimum $56,736 in assets. One of her parents can be a co-sponsor as well. They will both fill out their own separate I-134 and provide supporting documents: 2011 tax transcript, letter from employer and most recent pay stub(s) and proof of being a USC or LPR for the co-sponsor and 2011 tax transcript and proof of assets from the petitioner/primary sponsor. The co-sponsor must earn enough to cover their own household size plus the foreign fiance.

[David R 2]

She will need 3 times what she needs for her household size. If it just the 2 of you, she will need at the very minimum $56,736 in assets. One of her parents can be a co-sponsor as well. They will both fill out their own separate I-134 and provide supporting documents: 2011 tax transcript, letter from employer and most recent pay stub(s) and proof of being a USC or LPR for the co-sponsor and 2011 tax transcript and proof of assets from the petitioner/primary sponsor. The co-sponsor must earn enough to cover their own household size plus the foreign fiance.

Ok, thank you. It is all very confusing. She only has about 30000 in the bank but her father is a lawyer, owns multiple houses etc...

Would property be counted as "asset" or is it only bank balance.

Thanks again.

David

[KayDeeCee 4,900]

Ok, thank you. It is all very confusing. She only has about 30000 in the bank but her father is a lawyer, owns multiple houses etc...

Would property be counted as "asset" or is it only bank balance.

Thanks again.

David

They are his homes, so she cannot claim them as her assets. She will need a co-sponsor. Her father should qualify on his income alone without the need to list his assets.

From the I-864 instructions (the I-864 guidelines are used even when dealing with the I-134 at the K-1 interview):

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

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. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

[David R 2]

They are his homes, so she cannot claim them as her assets. She will need a co-sponsor. Her father should qualify on his income alone without the need to list his assets.

From the I-864 instructions (the I-864 guidelines are used even when dealing with the I-134 at the K-1 interview):

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

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. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

I see, thank you so much for the information. My fiancee has a few different accounts and she is on my account which has close to 40 000 in it. Would she be able to claim that also? In addition to her other accounts?

Thanks alot again.

David

[Que Saudade 284]

I see, thank you so much for the information. My fiancee has a few different accounts and she is on my account which has close to 40 000 in it. Would she be able to claim that also? In addition to her other accounts?

Thanks alot again.

David

Please see the links in my previous post that I gave you for instructions to I-134 and the poverty guidelines. It will help you to understand......

Her father should easily be able to co-sponsor with no problems.

Edited August 31, 2012 by Que Saudade

[james5 1]

you can meet with co sponsor to get it.

Edited August 31, 2012 by james5

[KayDeeCee 4,900]

I see, thank you so much for the information. My fiancee has a few different accounts and she is on my account which has close to 40 000 in it. Would she be able to claim that also? In addition to her other accounts?

Thanks alot again.

David

She can claim the assets if her name is on the account. I am not sure about the account being in Australia though. I do not know if the consulate there accepts Australian assets. A lot of consulates won't accept foreign assets. It might work to move your money to a US account. Keep the proof that you had the money all along so they do not think someone randomly dumped money in an account for you to use solely to list on the affidavit of support.

It would be easiest to have her father be a co-sponsor. You can qualify that way. You will also have the same problem when you file for AOS after you are married and she needs to provide the I-864, unless she has a job to cover the income requirements by then.

[David R 2]

She can claim the assets if her name is on the account. I am not sure about the account being in Australia though. I do not know if the consulate there accepts Australian assets. A lot of consulates won't accept foreign assets. It might work to move your money to a US account. Keep the proof that you had the money all along so they do not think someone randomly dumped money in an account for you to use solely to list on the affidavit of support.

It would be easiest to have her father be a co-sponsor. You can qualify that way. You will also have the same problem when you file for AOS after you are married and she needs to provide the I-864, unless she has a job to cover the income requirements by then.

Ok, I guess her father will be the easiest way for us. Thanks so much!

David