Affidavit of Support Questions

[dudeuss 0]

I already know that I dont meet the requirements for Affidavit of Support in any kind. I have or soon will have a family of 4 and I only make around 20-22K a year. I am filing for a k3 visa for my wife and our(biological) 2 kids(both were denied reports of births abroad since ive only lived in the u.s. for less than 5 years) which means i need the i134. 100% of my income is still not sufficient. I have only worked here in the states for about a year in which i dont meet another requirement of the past 3 years income tax statements. I was just wondering if someone i know but from a different state can file an i134 for me? i live in oklahoma and was thinking about my single brother no family who lives in hawaii to provide the affidavit for me if that is possible? another question is that if we both file for affidavit of support does that mean both our income will be added up or will it still be an individual case?

[p2bpnoy 0]

hi dudeuss..hope this links will help you...

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

http://travel.state.gov/visa/immigrants/info/info_3197.html

[bigdog 377]

FYI the K-3 visa is not active, see the numerous prior threads on this. Brother can co sponsor.

[Ryan H 3,895]

Since you didn't qualify to file a CRBA, you will need to an I-130 for you wife and an I-130 for each of your kids (for a total of 3 forms) and pay the fee for each form you file.

Once at the NVC stage, you will file an I-864 for your wife and an I-864W for each child. Your brother as a joint sponsor would also file an I-864. Only one fee for all forms.

Your wife will ultimately apply for an IR-1 visa and your kids will ultimately apply for IR-2 visas.

[pushbrk 13,616]

Since you didn't qualify to file a CRBA, you will need to an I-130 for you wife and an I-130 for each of your kids (for a total of 3 forms) and pay the fee for each form you file.

Once at the NVC stage, you will file an I-864 for your wife and an I-864W for each child. Your brother as a joint sponsor would also file an I-864. Only one fee for all forms.

Your wife will ultimately apply for an IR-1 visa and your kids will ultimately apply for IR-2 visas.

Correct. Also, the children are entitled to US Citizenship once they arrive in the USA. The qualified joint sponsor will only sponsor your wife, so will need only qualify for their own household size plus the wife.

Forget the K3 visa. The children aren't eligible for K4 visas anyway BECAUSE they are entitled to US Citizenship upon entry. IR1 and IR2 visas it is. File the three I-130 petitions together. If you already filed one for you wife, file the petitions for the children ASAP and have the approved petitions joined at NVC, once all are approved.

[dudeuss 0]

Correct. Also, the children are entitled to US Citizenship once they arrive in the USA. The qualified joint sponsor will only sponsor your wife, so will need only qualify for their own household size plus the wife.

Forget the K3 visa. The children aren't eligible for K4 visas anyway BECAUSE they are entitled to US Citizenship upon entry. IR1 and IR2 visas it is. File the three I-130 petitions together. If you already filed one for you wife, file the petitions for the children ASAP and have the approved petitions joined at NVC, once all are approved.

but doesn't the ir1and2 take longer than the k3and4? i havent really read on ir1and2's yet but i'll start now. thank you very much for your help. when i was applying for crba for my first kid the consul actually recommended k3and4 thats why i didnt bother on the ir1nd2's. also i didnt apply for my 2nd kid's CRBA since i already know he's not gonna be granted that. is he still eleigible for u.s. citizenship even though he doesnt have the letter of denial CRBA? or to clarify, my first daughter was applied but denied CRBA and has letter to confirm that, but my 2nd kid i didnt file at all, do i still need that letter stating the denial of CRBA for my 2nd kid?

Edited February 24, 2013 by dudeuss

[NikLR 13,234]

but doesn't the ir1and2 take longer than the k3and4? i havent really read on ir1and2's yet but i'll start now. thank you very much for your help. when i was applying for crba for my first kid the consul actually recommended k3and4 thats why i didnt bother on the ir1nd2's. also i didnt apply for my 2nd kid's CRBA since i already know he's not gonna be granted that. is he still eleigible for u.s. citizenship even though he doesnt have the letter of denial CRBA? or to clarify, my first daughter was applied but denied CRBA and has letter to confirm that, but my 2nd kid i didnt file at all, do i still need that letter stating the denial of CRBA for my 2nd kid?

No they don't. K3 visas are virtually obsolete at the NVC stage because if the NVC receives the I-129F at the same time or after the I-130 then they close the I-129F and you only have the IR1 visa path left open. A consulate can also close the path if there is an approved I-130 on file.

They are eligible for citizenship because you are a citizen, just not for CRBA.

[dudeuss 0]

No they don't. K3 visas are virtually obsolete at the NVC stage because if the NVC receives the I-129F at the same time or after the I-130 then they close the I-129F and you only have the IR1 visa path left open. A consulate can also close the path if there is an approved I-130 on file.

They are eligible for citizenship because you are a citizen, just not for CRBA.

wow i wish ive known that sooner, i was about ready to file i130 then i129f after i got NOA1. thanks for the info. so since my kids are support exempt, does that mean my requirements for support will be 125% of income for a family of 2 or still a family of 4? because if it is a family of 2 and 125% of income, then i meet the standard and i wont be needing my brother to co sponsor. but if 125% of income for 4, i cant.

[dudeuss 0]

can anybody refer a link which is more accurate to tell what size income i need to apply for affidavit of support? im looking at one now but it doesnt look like its a government website. thanks'

[pushbrk 13,616]

can anybody refer a link which is more accurate to tell what size income i need to apply for affidavit of support? im looking at one now but it doesnt look like its a government website. thanks'

Download the I-864 and its instructions. The I-864p states the income requirement. Your children count in the household size for qualifying to sponsor your spouse. You file the I-864w for each child but the income requirement is not impacted by that fact.

To your other question, since the K3 and K4 visas are not actually available, it's not possible for them to save any time. Even when they were available, they stopped saving more than a few weeks, in November, 2006. Also, you ALWAYS would have had to file an I-130 for each child anyway. You could file it before or after they arrived. My wife and step daughter arrived with K3 and K4 visas BEFORE the procedure change, so it DID save time. Even then, I filed both I-130 petitions together rather than waiting to file the daughter's when adjusting status. In late July, 2007, the adjustment of status filing fee more than tripled, making the K3/4 path considerably more expensive than before that time. We were fortunate to file AOS a few days before the fee increase.

Forget the K3 and K4. Everything you read that gives you the impression they save time, is several years out of date.

[dudeuss 0]

Download the I-864 and its instructions. The I-864p states the income requirement. Your children count in the household size for qualifying to sponsor your spouse. You file the I-864w for each child but the income requirement is not impacted by that fact.

To your other question, since the K3 and K4 visas are not actually available, it's not possible for them to save any time. Even when they were available, they stopped saving more than a few weeks, in November, 2006. Also, you ALWAYS would have had to file an I-130 for each child anyway. You could file it before or after they arrived. My wife and step daughter arrived with K3 and K4 visas BEFORE the procedure change, so it DID save time. Even then, I filed both I-130 petitions together rather than waiting to file the daughter's when adjusting status. In late July, 2007, the adjustment of status filing fee more than tripled, making the K3/4 path considerably more expensive than before that time. We were fortunate to file AOS a few days before the fee increase.

Forget the K3 and K4. Everything you read that gives you the impression they save time, is several years out of date.

ridiculous, 28k. Hah! and its going to change again march 2013 i believe. I have prepared everything on the I-130 for each of my family members. It's actually ready to go. You said that I can file it before or after they arrive. Does that mean I can file for IR1and2 now before filing the I130? im sorry im getting confused. what does the I130 actaully do? I know it confirms relationship to my family, but does that give them an actual visa for them to travel to the states?

[NikLR 13,234]

The I-130 is the initial petition. It is the precursor to the visa application. It must be approved before the visa can be applied for.

[pushbrk 13,616]

The I-130 is the initial petition. It is the precursor to the visa application. It must be approved before the visa can be applied for.

This is correct. I was speaking in the past tense and in context of the K3 and K4 visas. For the K3/4 you filed one I-130 and one I-129F, then the one approved I-129F would allow the children to apply for K4 visas. Once everybody arrived, they needed to adjust status. If you hadn't already filed the I-130 for any and all children, you had to file it WITH the adjustment of status. So for the K3/4 you could file the children's I-130 with the mother's or file them later.

For all practical purposes, the K3 and K4 visa are no longer available. For IR1 and IR2 visas everybody needs their own I-130 before they can apply for a visa.

Forget about the K3 and K4 and concentrate on filing I-130 petitions CORRECTLY and with he APPLICABLE supporting documentation. What is applicable to each is in the I-130 instructions. If something isn't listed in those instructions, it isn't needed. No G325a or passport photo for children.

Edited February 24, 2013 by pushbrk

[dudeuss 0]

ok scratch that first comment. i have a question about poverty guidelines. when you say household size, does that include the persons i am petitioning, which are still abroad, or is it just me? its been a while since ive been here, latest update. file my petition may 2015, received noa bout two weeks after that then notice if approval and sent to nvc about july 2015. and yesterday i received the letter from nvc asking for agent appointment and aos and aos fees.

[aaron2020 11,652]

ok scratch that first comment. i have a question about poverty guidelines. when you say household size, does that include the persons i am petitioning, which are still abroad, or is it just me? its been a while since ive been here, latest update. file my petition may 2015, received noa bout two weeks after that then notice if approval and sent to nvc about july 2015. and yesterday i received the letter from nvc asking for agent appointment and aos and aos fees.

Your household will include you, your wife, your minor children, your tax dependents, anyone you have an I-864 for, and the intending immigrants. Count everyone only once; for example count your wife only once even though she can be counted as your wife and as an intending immigrant.

Edited August 16, 2015 by aaron2020