I-134 Questions.

[Louis and Aya 17]

I looked through the guides and didn't see an answer for this so I am asking.

Part 3 is confusing me. Perhaps it's because I had 7 concussions from playing Minor League football but for that part I need to put the information for my Fiancee Aya (who is in the Philippines) right?

Also I saw what part 4 says so that just re-confirms that part 3 is for Aya's information. I just want to make double sure.

I already put my information up top so I figured that Part 3 was for my Fiancee (I am the USC).

Part 8.

I am divorced and my 2 sons live with their mother and I pay child support. It asks if they are wholly dependent or partially dependent and I know that it's partially but I am wondering if they take this into account as far as the money made by you because I will only have 2 people under my roof, Aya and myself. Just wondering.

I am also wondering if I need to wait until I get the NOA2 to complete and do this form. I need to ask my job about the paper giving my information, it may have to go to the corporate office to get it done and I wanted to get it done asap. If I get something dated Jan 1 (for example) and the NOA2 doesn't come till Feb-March will I have to get another one to prove that I still work there (been there for 10 years).

Last thing. On the guide here at VJ it says to include 2 of 4 of the things requested in the instructions like bank stuff and the like, but it looks like I am supposed to include all of the following.......

Statement from the bank with Date account opened, total amount deposited for the past year and present balance.

Statement from my employer with date and nature of employment, salary paid and whether I am temp or permanent.

I figure I need to get all that information.

Thank you to any VJ'er that helps me out and I appreciate all the help you guys give me on a regular basis. Aya is also very appreciative.

We wouldn't be where we are without all of you.

[Louis and Aya 17]

Any help would be appreciated.

[KayDeeCee 4,891]

I looked through the guides and didn't see an answer for this so I am asking.

Part 3 is confusing me. Perhaps it's because I had 7 concussions from playing Minor League football but for that part I need to put the information for my Fiancee Aya (who is in the Philippines) right?

Yes.

Part 8.

I am divorced and my 2 sons live with their mother and I pay child support. It asks if they are wholly dependent or partially dependent and I know that it's partially but I am wondering if they take this into account as far as the money made by you because I will only have 2 people under my roof, Aya and myself. Just wondering.

Minor children are wholly dependent and always included in your household size no matter where they live or which parent claims them on their taxes.

I am also wondering if I need to wait until I get the NOA2 to complete and do this form. I need to ask my job about the paper giving my information, it may have to go to the corporate office to get it done and I wanted to get it done asap. If I get something dated Jan 1 (for example) and the NOA2 doesn't come till Feb-March will I have to get another one to prove that I still work there (been there for 10 years).

The I-134 and all the supporting financial documents should be as recent as possible for the K-1 visa interview.

Last thing. On the guide here at VJ it says to include 2 of 4 of the things requested in the instructions like bank stuff and the like, but it looks like I am supposed to include all of the following.......

Statement from the bank with Date account opened, total amount deposited for the past year and present balance.

Statement from my employer with date and nature of employment, salary paid and whether I am temp or permanent.

I figure I need to get all that information.

Usually you need the most recent tax transcript, letter from employer and recent pay stub(s). You only need bank statements and/or a letter from the bank when your income does not meet the requirement and you need to include assets. Each consulate has different procedures and requirements though, so someone that has been through Manila would be best to let you know exactly what financial documents they like to see from you there.

[Louis and Aya 17]

I appreciate your help, but I don't think that sounds right about the children. They are not wholly dependent on me. They do not live with me. Can you show me where it says that minor children are wholly dependent even if they don't live with me.

That changes the household required income going from 2 people (Aya and myself) to 4 if my 2 children are on there even though they live with their mom full time.

Thanks.

[baron555 934]

I appreciate your help, but I don't think that sounds right about the children. They are not wholly dependent on me. They do not live with me. Can you show me where it says that minor children are wholly dependent even if they don't live with me.

That changes the household required income going from 2 people (Aya and myself) to 4 if my 2 children are on there even though they live with their mom full time.

Thanks.

Your paying child support so they are dependent on you. There is no partial child when dealing with the household size; your new size will be 4 until you do not have to pay for them.

[KayDeeCee 4,891]

I appreciate your help, but I don't think that sounds right about the children. They are not wholly dependent on me. They do not live with me. Can you show me where it says that minor children are wholly dependent even if they don't live with me.

That changes the household required income going from 2 people (Aya and myself) to 4 if my 2 children are on there even though they live with their mom full time.

Thanks.

No one is going to be counted partially. You either need to count someone in the household size or not. I am not sure why they even made the I-134 read like that.

Even when using the I-134 for a K-1, the I-864 guidelines are followed. How to count household size can be found in the I-864 instructions on page 2.

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

[Louis and Aya 17]

Thank you guys. I wish it would have that text in the I-134.

I appreciate it and now I know I'll put the two boys down and mark them as wholly.

You guys are awesome

[aws&ndd 103]

There is a bit of confusion on someone being partially dependent or wholly dependent. I am in the same situation, I have 2 sons which I pay child support for and who live with their mother. I put wholly dependent on my I-134. Not exactly sure if it matters if you put wholly or partially, because the CO will still count it as the same...they are your dependents and will be counted in the household size.

I also recommend you wait until you receive your NOA2 before completing this form and gathering all your necessary documentation. The reason is, you want everything to be dated as close to the interview as possible, and it could take months before you receive your NOA2. What you can do is find out everything you need to do so that you can be ready when you DO have your NOA2.

And also if your income is sufficient, you don't need to include other assets.

[Louis and Aya 17]

Where do you find the poverty guidelines? I know I'm above for 2, I think I'm way above for 4 as well, just want to double check before I get all the way to the point and realize, oh shoot lol.

[Robb&Ann 101]

i have read a thread like this. and same with us, we will have my fiance's kids as his dependents. besides if u r above poverty level even with the kids then

[Robb&Ann 101]

a link that will show the poverty level for 2012.

http://www.familiesusa.org/resources/tools-for-advocates/guides/federal-poverty-guidelines.html

[Louis and Aya 17]

Robb&Ann,

This past years I made around 55k, but I worked a fair amount of overtime.

When they figure this out, do they go off of what I made, or do they go off of what I would make with no overtime?

Just wondering. I figure since my employer is going to put my Salary (which legally they can't include OT from what I know) then I'm assuming I will have to make sure that what I make is over 125%. Or do they take past deposits into your bank account etc in consideration for seeing how much is made?

[LeftCoastLady 441]

Where do you find the poverty guidelines? I know I'm above for 2, I think I'm way above for 4 as well, just want to double check before I get all the way to the point and realize, oh shoot lol.

Current poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

[Louis and Aya 17]

Can anyone shed more light on my question of .........

When they figure this out, do they go off of what I made, or do they go off of what I would make with no overtime?

I'm just trying to figure out what to put for my salary for the I-134 and stuff. I am hourly so does it get calculated at my scheduled hours (which is 48 hours per week) or does it get based off of what the US deems full time at 40 hours per week, or does it go off of my previous year where I made about 20k in overtime?

I appreciate any help.

[KayDeeCee 4,891]

Can anyone shed more light on my question of .........

When they figure this out, do they go off of what I made, or do they go off of what I would make with no overtime?

I'm just trying to figure out what to put for my salary for the I-134 and stuff. I am hourly so does it get calculated at my scheduled hours (which is 48 hours per week) or does it get based off of what the US deems full time at 40 hours per week, or does it go off of my previous year where I made about 20k in overtime?

I appreciate any help.

it is based on what you currently earn. If you work 48 hours a week, then have your employer put that you make $XX amount per hour and work a schedule of 48 hours per week. Multiply how much you make a week, gross pay, by 52 weeks. That is the current annual income you should list on the form. You can also supply recent pay stubs as another evidence document to show how much your current income is.