Interview Soon - Need advise about I134

[coffeelove 0]

Hi All VJ member,

I just got the interview appointment letter from U.S Embassy in Vientiane, and need some advise about I-134. I know some one posted before but I am not sure about this year, 2013. Here are some of my questions:

1. As the Interview will happen this year 2013, So we need Form 1040 & W2 of year 2010, 2011 , 2012 right ? or 2013 need to submitted as well?

2. My fiance is a head of household - Qualifying his father and brother. So What is the household size ? 4 person or 3 person ? if included me ! I am not sure how to count !

3. In his 1040 forms show the total income of amount 27.000$+ in 2010 , 39.000$+ in 2011 & 2012. Is this will be fine for the visa issue?

Thanks for all your advises and comments !

[Penguin_ie 5,986]

1. Yes- no need for 2013 as it is not over yet.

2. If your fiance claimed his father and brother as dependants on the tax return, the household size will be 4 (him, father, brother and you).

3. Is he on target to make the same amount this year? What counts most is current and ongoing income, so he will need a letter from his employer and paystubs to show he still makes the same amount.

[96accord 3]

First you need to know that every Embassy is different when it comes to accepting a Co-Sponsor for the purpose of K1 visa (fiancé) and CR1 (spousal). US Embassy in Laos, Vientiane, does not accept a Co-Sponsor for K1 but will accept Co-sponsor for CR1. (I know because I’ve asked personally by e-mail) So you can forget about a Co-Sponsor for the purpose of the I-134 Affidavit of Support.

Don’t worry yet. You mentioned that for year 2013, 125% of poverty level for a household of 4 people is $29,438. That would be you, your fiancé, his father, and his brother per your previous posting. You mentioned that your husband makes $13.70 per hour x 40 hours per week x 52 weeks per year = $28,496. So if you do the math $29,438 - $28,496 = $942 the income your fiancé is short. You can show 5 times the amount in cash savings or asset for the amount you are short by income. So $942 x 5 = $4710. Your Fiance has $7K in savings. That should be sufficient to cover the income GAP.

You mentioned that his 2012 tax return is $39K, the CO will want to see that tax return, no need for 2011 and 2010 tax return. However you will need a letter of employment showing your fiancé has full employment with salary and is in good standing and you will need paycheck stubs.

Also, because your fiance’s father and brother are part of the household their income if any can also be counted in the affidavit of support as household income. One Petitioner that I know of was short on income and was able to use her mother and father’s social security income as household income. They had to prove that by home address. So your fiancé can use his father’s income and his brother’s income as well if they have income and there is a GAP in income.

Based on what you've shared, it sounds like your fiance has plenty of income to show so I wouldn't worry about it.

Hope that helps!

Edited July 31, 2013 by 96accord

[coffeelove 0]

First you need to know that every Embassy is different when it comes to accepting a Co-Sponsor for the purpose of K1 visa (fiancé) and CR1 (spousal). US Embassy in Laos, Vientiane, does not accept a Co-Sponsor for K1 but will accept Co-sponsor for CR1. (I know because I’ve asked personally by e-mail) So you can forget about a Co-Sponsor for the purpose of the I-134 Affidavit of Support.

Don’t worry yet. You mentioned that for year 2013, 125% of poverty level for a household of 4 people is $29,438. That would be you, your fiancé, his father, and his brother per your previous posting. You mentioned that your husband makes $13.70 per hour x 40 hours per week x 52 weeks per year = $28,496. So if you do the math $29,438 - $28,496 = $942 the income your fiancé is short. You can show 5 times the amount in cash savings or asset for the amount you are short by income. So $942 x 5 = $4710. Your Fiance has $7K in savings. That should be sufficient to cover the income GAP.

You mentioned that his 2012 tax return is $39K, the CO will want to see that tax return, no need for 2011 and 2010 tax return. However you will need a letter of employment showing your fiancé has full employment with salary and is in good standing and you will need paycheck stubs.

Also, because your fiance’s father and brother are part of the household their income if any can also be counted in the affidavit of support as household income. One Petitioner that I know of was short on income and was able to use her mother and father’s social security income as household income. They had to prove that by home address. So your fiancé can use his father’s income and his brother’s income as well if they have income and there is a GAP in income.

Based on what you've shared, it sounds like your fiance has plenty of income to show so I wouldn't worry about it.

Hope that helps!

Thanks for your reply, I am appreciated, yes, you're right we have not meet the income requirement around 4710 USD, therefore in our I-134 form stated the amount of saving 7000 USD, so there is no problem right ? If this really can help ! I can smile now !

[Penguin_ie 5,986]

Thanks for your reply, I am appreciated, yes, you're right we have not meet the income requirement around 4710 USD, therefore in our I-134 form stated the amount of saving 7000 USD, so there is no problem right ? If this really can help ! I can smile now !

That is not enough. When using assets (savings etc) you need x3 the income short fall, so you;d need close to $15'000.

[coffeelove 0]

That is not enough. When using assets (savings etc) you need x3 the income short fall, so you;d need close to $15'000.

Well, My fiancee get $13.70 per hour x 40 hours per week x 52 weeks per year = $28,496.

125% of poverty guideline ( household size 4 ) is $29,438 - $28,496 = $942 , we have saving bank and other value stated in I-134 form - ( number 7 ) around $7000, Is this sound enough for consular officer ? ** $942 should x3 or x5 ?

[Penguin_ie 5,986]

That should be enough- in your previous post you said "not meet the income requirement around 4710 USD,"

[96accord 3]

To be safe it's 5 times the GAP not 3. It sounds like you should be fine. Good luck to you and your fiance.

Edited July 31, 2013 by 96accord