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Filed: Citizen (apr) Country: Portugal
Timeline
Posted (edited)

Hey everyone,

As the topic title says, I have a question regarding the I-134 and I'm hoping some of you might help. My fiance will be signing his I-134 for a household of 4 - himself, me, and my two children. He was recently hired on a full-time basis by the company he had been working on as a temp since April, earning between the 100% and the 125% poverty guidelines for a household of 4. I know that, technically, K1 visas only require the 100% guidelines to be met, as it's the AOS that will need the 125% and that's why some embassies go for the 125% up front.

Some relatives offered to give him a monthly pay, or gift, so that his total income will reach the 125% poverty level. He will do freelance work in compensation for that monthly gift.

I know that the previous tax returns being low might not be a problem as long as he provides proof of his recent hiring and yearly earnings from his employer, pay stubs, and the like. My question is, how can a similar thing be done regarding these monthly gifts? Would proof of money transfers work, for example, or payment receipts?

And yes, I know that co-sponsoring is an option, it's just that the amount difference is so small that we're trying to explore this avenue first.

Thanks for the help. smile.png

ETA: He has no assets, or huge lumps of money in the bank he can claim.

Edited by SparklePony

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Filed: Timeline
Posted

I know they like to be shown proofs, I don't know if they will accept the monthly gifts. Because what is the proof that these monthly gifts will keep on coming?? They need something that shows them that you will always have this much. Some consulates are really tough when it comes to sponsorship, since the tax returns are low. I would really strongly encourage you guys to get a co-sponsor that has strong tax returns and strong current income.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I really do not think the CO would accept gifts from family and friends as income, since gifts are not income nor will it be steady and ongoing. If they accept his income as being between 100 and 125%, then you will not need the co-sponsor, but perhaps you should have one lined up with all their paperwork in hand at the interview just in case the CO thinks one is needed. He will need a joint sponsor for the I-864 when you file for AOS.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Portugal
Timeline
Posted

Thanks for the replies!

In the meantime, I've been doing intensive research on things here on VJ (good heavens, this place has so much information) and I found that we will need to add his son to the Household Count. I thought we didn't because my fiance doesn't count him as dependent on his taxes, but apparently that doesn't really matter. This means that our total household count moves up to 5, which means we'll definitely need a co-sponsor.

So... we're working on it. I guess the question doesn't apply anymore, then, but thanks for the help, anyway. :)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

 
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