I-134 Question

[DavenRoxy 1,073]

Okay here is what I am looking for :

http://www.visajourney.com/forums/topic/447101-affidavit-questions-important/#entry6433596

It's 100% for the I-134 but it's up to the officer so you're better off to be on the safe side of 125% or more.

When you AOS the I-864 demands that you are at 125% unless the petitioner is active military. At that point in time you only need 3x the difference in assets, not 5x as required by the I-134.

I don't think there IS a set amount to exceed for the I-134, is there? It's just a pledge to support the immigrant, as well as documentation of what you make/have. It's filed with the foreign consulate.

The AOS is filed with the USCIS, and is your way of proving to the US Gov't that you make/have at least 125% of the poverty level so that they will grant the immigrant permission to stay and become a CPR and (perhaps, if desired) a LPR.

Of course, it makes sense that you shouldn't bother filing an I-134 with less assets/income than the 125% mark, cuz you would not make it past AOS. At that point, the immigrant could remain in the USA, but couldn't legally work, and if he/she ever left the US, could not come back again. So I guess one COULD be stuck in limbo between I-94 and AOS until sponsor income was sufficient to file for AOS.

[KayDeeCee 4,891]

I don't think there IS a set amount to exceed for the I-134, is there? It's just a pledge to support the immigrant, as well as documentation of what you make/have. It's filed with the foreign consulate.

The AOS is filed with the USCIS, and is your way of proving to the US Gov't that you make/have at least 125% of the poverty level so that they will grant the immigrant permission to stay and become a CPR and (perhaps, if desired) a LPR.

Of course, it makes sense that you shouldn't bother filing an I-134 with less assets/income than the 125% mark, cuz you would not make it past AOS. At that point, the immigrant could remain in the USA, but couldn't legally work, and if he/she ever left the US, could not come back again. So I guess one COULD be stuck in limbo between I-94 and AOS until sponsor income was sufficient to file for AOS.

Correct. The I-134 is not even a binding contract and each consulate seems to have their own 'measure' for passing the financial requirements. Some seem to follow the I-864 guidelines, even with the I-134 because they know you will need the I-864 and 125% very soon after the K-1 approval for AOS. Some just accept the 100%, or even the income/assets of the foreign fiance(e) and let you worry about the more strict rules of the I-864 later when the time comes. Each individual CO has the sole discretion. They make or break you, so to speak.

As for your house as an asset, yes, you can list it. However, it does not mean the CO will actually use its value for your sponsorship. They might, but they might not. You also must pay for a licensed appraiser to appraise your home. If it is your family home and you needed to sell it to live off of, or pay back the government if the beneficiary received public assistance, then it would definitely be a hardship because where exactly would you live then? Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner can be used.

[Hank_ 9,171]

Hank Could you please explain why my answer was incorrect? If you refer to page 8 of the I864 instructions it say that to be a sponsor your income needs to be 125% over the poverty level.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Income does not need to be 125% ABOVE (or 125% over as you wrote this time) the poverty guidelines, to be a sponsor income is at least 125% of poverty guidelines (as listed in the I-864P)

http://www.uscis.gov/files/form/i-864instr.pdf Part 8, item 2.

I know what you were trying to say, but that wasn't what you said, you made it read as if someone would find the amount for their family size and then they need 125% above that amount.

[LynLyn120 3]

Hi, I would like to ask some questions if it's ok.

Would it be okay if the I-134 have some erasures? Like for example the white correction liquid, is it ok to use it for corrections? My fiance made a mistake of putting my name on page 2 question # 8. He also check the "intend" box and indicated the exact nature and duration of the contribution on page 2 question # 11.

Thanks!