I-864 at Embassy Level

[julitathomas0810 30]

I will be using a co sponsor and will be handing in a I-864 along with the I-134 to better our chances of the sponsor being accepted in Manila . If the I-864 is accepted at the interview would this be binding at that point ? Or is presenting the I-864 at this stage showing that (brother) the co sponsor is willing to do this at the AOS stage as well ? Showing the CO that my fiancee is unlikely to become a public charge . I do have a job , but earn about 8,000 less then the 24,412 income for family of 3 . I do not have assets to make up the difference at the x3 or x5 what ever it may be . I am trying for a second job to make up the difference . Would two fairly recent jobs be a red flag to the CO ? I recently lost my job earning 50+K and doing the best I can . My last three years income tax show 50k 57k and 65k . Lost my job and now have the lower paying salary . We still have at least 2 months before the interview praying to be able to find something to make up the difference myself . I want to go there with the best chance of an approval .

Thanks for the advice and God Bless

[Pitaya 2,577]

~Moved From K-1 Process to Phil-regional Forum~

~Inquiry is Phil-specific~

[Hank_ 9,174]

I-864 is binding.

But when you file for AOS there will be a new I-864 submitted. So the question in my mind is does it supersede the previous I-864?

[DavenRoxy 1,073]

Who is the third member of your family of 3?

Does your brother live with you? (If so, you can include his income, he will have to fill out an I-864 also)

Do you own your own home?

Do you own two or more cars? (first car cannot be an asset, but additional one(s) can)

Savings/mutual funds? (Basically ANYTHING that can be converted to cash within a year)

You'll need to show about 3 X $8,000 in assets since (IF) you are under the $24,414 on your 2012 ITR.

[Hank_ 9,174]

Who is the third member of your family of 3?

Does your brother live with you? (If so, you can include his income, he will have to fill out an I-864 also)

Do you own your own home?

Do you own two or more cars? (first car cannot be an asset, but additional one(s) can)

Savings/mutual funds? (Basically ANYTHING that can be converted to cash within a year)

You'll need to show about 3 X $8,000 in assets since (IF) you are under the $24,414 on your 2012 ITR.

5 X s for USEM

[DavenRoxy 1,073]

I-864 is binding.

But when you file for AOS there will be a new I-864 submitted. So the question in my mind is does it supersede the previous I-864?

I'm thinking any I-864 sent to Manila wouldn't matter, since it's binding with the USCIS/US Govt when filing for AOS, right? I am postulating here, but I would think that if the I-134 numbers (for which there is no minimum amount that I know of) are below the I-864 numbers, USEM MAY say the sponsor's income isn't suficient, and deny the application. But is there anywhere in the USEM rules that say the I-34 income needs to be a particular amount? I don't recall it anywhere, but my memory fails me somtimes. I think. Wait, what were we talking about?

But for sure, if using his brother's income when filing for AOS, both would have to fill out an I-864 at that point and send to USCIS.

[sunandmoon 450]

I-864 is binding.

But when you file for AOS there will be a new I-864 submitted. So the question in my mind is does it supersede the previous I-864?

maybe when an I-864 is submitted at the Embassy, a K-1 Visa applicant is not yet an intending immigrant. when a K-1 applies for AOS, they then become an intending immigrant.

[Hank_ 9,174]

I'm thinking any I-864 sent to Manila wouldn't matter, since it's binding with the USCIS/US Govt when filing for AOS, right? I am postulating here, but I would think that if the I-134 numbers (for which there is no minimum amount that I know of) are below the I-864 numbers, USEM MAY say the sponsor's income isn't suficient, and deny the application. But is there anywhere in the USEM rules that say the I-34 income needs to be a particular amount? I don't recall it anywhere, but my memory fails me somtimes. I think. Wait, what were we talking about?

But for sure, if using his brother's income when filing for AOS, both would have to fill out an I-864 at that point and send to USCIS.

By numbers are you meaning income. USEM uses the I-864P poverty guidelines same as used by USCIS when doing AOS.

The wording on the I-864 I believe is where the "binding" differences are from the I-134. Don't have either here in front of me and too lazy to dig them out and compare

maybe when an I-864 is submitted at the Embassy, a K-1 Visa applicant is not yet an intending immigrant. when a K-1 applies for AOS, they then become an intending immigrant.

That is my thinking also which is why I think filing AOS changes the "who" factor.

[julitathomas0810 30]

Who is the third member of your family of 3?

Does your brother live with you? (If so, you can include his income, he will have to fill out an I-864 also)

Do you own your own home?

Do you own two or more cars? (first car cannot be an asset, but additional one(s) can)

Savings/mutual funds? (Basically ANYTHING that can be converted to cash within a year)

You'll need to show about 3 X $8,000 in assets since (IF) you are under the $24,414 on your 2012 ITR.

The third member is my fiancee child . Which makes our total household if I understood it correctly size of 3 . The co sponsor would need to meet the requirement of 3 also . I was going by the 125% guides for the 24,412 and not the 100% . If all they went by was my 2012 taxes I earned total of 65K that year . I no longer have that job and would not have the paychecks except ones dated in June 2012 . Anything now would involve the year of 2013 which I still have a chance at earning that 24,412 . I'm trying to get a job at the railroad here in Florida , but it's not built yet . With my current job I am still able to claim the days that I am not working on my unemployment with the railroad retirement . Which I can provide paystubs for that . That will last for another year with my 10+ service with my old job . That comes out to another 6,500 of income . Basically I can claim a 7 day work week filling in the days I do not work with my current employment . Which brings me to roughly 22,500 . Falling short on just 1,912 and I have 7,200 in my savings . 1,912 x 3 = 5,736 . Have I done it ? Seems like a gray area there , but would that work ? If so I would not need the co sponsor and would feel a lot better .

[Hank_ 9,174]

The third member is my fiancee child . Which makes our total household if I understood it correctly size of 3 . The co sponsor would need to meet the requirement of 3 also . I was going by the 125% guides for the 24,412 and not the 100% . If all they went by was my 2012 taxes I earned total of 65K that year . I no longer have that job and would not have the paychecks except ones dated in June 2012 . Anything now would involve the year of 2013 which I still have a chance at earning that 24,412 . I'm trying to get a job at the railroad here in Florida , but it's not built yet . With my current job I am still able to claim the days that I am not working on my unemployment with the railroad retirement . Which I can provide paystubs for that . That will last for another year with my 10+ service with my old job . That comes out to another 6,500 of income . Basically I can claim a 7 day work week filling in the days I do not work with my current employment . Which brings me to roughly 22,500 . Falling short on just 1,912 and I have 7,200 in my savings . 1,912 x 3 = 5,736 . Have I done it ? Seems like a gray area there , but would that work ? If so I would not need the co sponsor and would feel a lot better .

5 times the shortage for USEM.

[DavenRoxy 1,073]

julitathomas, I can't find accurate answers to your questions on the USEM website, so I have sent them an email, hoping for clear answers. Or at the very least, links to the info as opposed to what happened back when I went thru my process. Unfortunately, not everything is cut and dried when it comes to USEM, and what worked for one couple may not work for another.

As Hank said, if you want to be safe, go with the 125% number and 5X difference for assets when trying to get approved at USEM, though it will be 3X when you file your I-864 in the US. Better to be safe than sorry, for sure. But if I get any good info from USEM, I will be sure and post it here for others to see.

[julitathomas0810 30]

I think made a mistake in the household size . My fiancee , myself and her child make 3 . I have a daughter who lives with her mom . That would now make 4 ? Also I married and divorced my first wife . She is now a citizen and so is her son . Her daughter is 21 now and not a citizen . Well as far as I know she does not tell me information that much . Does that make that household of 5 ? I have no choice but to go with a co sponsor now . If I use the co sponsor they would only put household my fiancee child and him and his wife making 4 ?

Edited August 24, 2013 by julitathomas0810

[DavenRoxy 1,073]

Read part 5 rules for I-864: http://www.uscis.gov/files/form/i-864instr.pdf

It details who must be claimed as part of a household for the I-864.

[julitathomas0810 30]

Read part 5 rules for I-864: http://www.uscis.gov/files/form/i-864instr.pdf

It details who must be claimed as part of a household for the I-864.

Yes , thanks I actually just did that before u posted . Looks like it will be 4 or 5 depending if my x daughter is a citizen or not . Trying to find out that information . Also noticed that I can include a family member on the I864 that lives in the same household to add their income . Looks like we will be OK now .

Thanks for the help

[DavenRoxy 1,073]

As long as a person is living in the same house, their income CAN be included. Since your ex's daughter is 21, she shouldn't be claimed as a member. Sounds like you are back down to 4.