I-134 affidavit of support--K-1 visa Fiancee unemployed--need help!!

[Lanu 1]

My fiancee filed a petition for me back in april, however she lost her job in May. Now my father is going to sponsor me since he resides in the US. The problem is that he is not a US citizen or a permanent resident. He is on a non-immigrant visa. Can he still fill out an affidavit of support for me?

I have my interview coming up in 3 weeks. I don't know what to do here. What're the chances of us getting approved/rejected?

Does the interviewing officer only look at petitioners income? I myself have savings in excess of well over the minimum poverty guidelines given.

Appreciate the help!

[SparklePony 238]

Only US citizens or LPR can be co-sponsors so I believe your father won't be able to help. You need to find a new co-sponsor or the petition will be denied. That's the point of the Affidavit of Support, is to guarantee that you will not become a public charge by having your fiancee/co-sponsor prove that they will be able to support you.

It might be possible to use your savings, but I do not know the details on how that cane be done. I do believe the beneficiary's income/assets can't be used, but you may be able to transfer them and have your fiancee use that? Hopefully other members will help with this issue.

[Mela17 36]

Not true. You can use your income/assets to sponsor yourself. Or to at least put them in for consideration.

http://www.visajourney.com/examples/INS-Form-I-864.pdf This is an example form of the Affidavit. Part 7 is pertinint to your case.

[Lanu 1]

Only US citizens or LPR can be co-sponsors so I believe your father won't be able to help. You need to find a new co-sponsor or the petition will be denied. That's the point of the Affidavit of Support, is to guarantee that you will not become a public charge by having your fiancee/co-sponsor prove that they will be able to support you.

It might be possible to use your savings, but I do not know the details on how that cane be done. I do believe the beneficiary's income/assets can't be used, but you may be able to transfer them and have your fiancee use that? Hopefully other members will help with this issue.

I hope they let me use my savings. How does it make a difference if I have the money vs my fiancee having the money. It's going to be 'our' money soon enough anyway. I can transfer over 1/2 my wealth to her bank account, and we'll be okay in terms of meeting the poverty guideline...but me having the money vs her havin the money is the same thing right? or no?

Not true. You can use your income/assets to sponsor yourself. Or to at least put them in for consideration.

http://www.visajourney.com/examples/INS-Form-I-864.pdf This is an example form of the Affidavit. Part 7 is pertinint to your case.

thanks! maybe I can make a spreadsheet and list out my financial assets and take it to the interview.

this is the only grey area for me =/ I hope everyting works out

[SparklePony 238]

That's why I said I wasn't sure. Hope everything works out and good luck!

[EndlessStory 53]

This is from my understanding after being here for quite a bit.

I think India is categorized as the high fraud country? - I maybe wrong about this one!!

CO will be a lot stricter in high fraud country.

1. Co-Sponsors need to be LPR or US citizens. So, your father who isn't one could not be your sponsor.

2. Beneficiary being able to sponsor themselves only apply to consulate in London.

3. If petitioner wants to use assets to make up for the balance of the pay stub/ITR, it is going to be 5x the value. If petitioner make $18k annually and the poverty is $19k for 2 then petitioner need to have assets of $5k worth then you will be okay.

Hope other senior members or people who have more experience with this matter could further clarify this matter.

Good luck on your journey.

[djv-tco 29]

My fiancee filed a petition for me back in april, however she lost her job in May. Now my father is going to sponsor me since he resides in the US. The problem is that he is not a US citizen or a permanent resident. He is on a non-immigrant visa. Can he still fill out an affidavit of support for me?

I have my interview coming up in 3 weeks. I don't know what to do here. What're the chances of us getting approved/rejected?

Does the interviewing officer only look at petitioners income? I myself have savings in excess of well over the minimum poverty guidelines given.

Appreciate the help!

Unfortunately, the beneficiary's income/assets cannot be counted towards the Affidavit of Support (Form I-134); only the income or financial resources of the sponsor (the petitioner) OR a co-sponsor.

Here is a good VJ resource on Affidavit of Support.

Link to Form I-134 Instructions. Here you will see the list of acceptable supporting evidence the sponsor must show. In your situation, all financial resources, tax documentations, etc. must be under your fiancée's name OR a co-sponsor, if you go that route.

Good luck, OP!

Not true. You can use your income/assets to sponsor yourself. Or to at least put them in for consideration.

http://www.visajourney.com/examples/INS-Form-I-864.pdf This is an example form of the Affidavit. Part 7 is pertinint to your case.

Form I-864 is the Affidavit of Support form used in the Adjustment of Status stage. OP is at the K-1 Visa stage so this is not applicable.

A beneficiary may be able to use their assets if they can liquidate them and legally transfer them to the sponsor's name. This situation may require reporting, depending on their country's financial transaction reporting laws.

Edited November 6, 2013 by djv-tco

[christeen 966]

In my experience and from what I have seen over the years here, money being in your name and money in her name are very different... The k1 is a non immigrant visa and your money only becomes "our" money after you are married... You are coming over UNMARRIED, so it is still "your money" . The USA is concerned that the petitioner has the means to support you wen you are here, therefore they look at "her" money... So to use assets, it would be in your interest to move money under her name... We had a cr1 and had to show proof of assets under my name and we were already married...

[Mela17 36]

Ok but still, I don't think it's that serious. Everyone stresses about this money part. Before my husband and I decided to marry, I had never had a full time "real" job in my life and I still sponsored him on my own. I just had started my own business as a sole proprieter that january 1 of 2012 and I petitioned for him that april. on that 1-134 form I literally just put 0 in savings and I think 1000 or so dollars in the amount that I had in my account. I sent them bank statements and paypal statements and that was it. when it came time to file taxes for 2012 I did so and made just a smidgen above the poverty line. I did not submit my last three years taxes either. Just that one. The IO did not even bat one single eyelash. I can only speak for myself but I found it easy.

[christeen 966]

But petitioning through the UK is different than India... Plus you made a over poverty level, the petitioner is not working and thus does not have any current income to,show... Different situation. Without income or co-sponsor (due to fact he is not USC or LPR) the petitioner will need to show assets in HER name and account... Glad it was easy for you but many others have been tripped up by income issues...

[Mela17 36]

that's true I just think there are ways around it. she can show if she has assets that can be liquidated within one year she can sponsor him that way. the government only cares that he can prove that he will not use public services.

[Lanu 1]

that's true I just think there are ways around it. she can show if she has assets that can be liquidated within one year she can sponsor him that way. the government only cares that he can prove that he will not use public services.

But petitioning through the UK is different than India... Plus you made a over poverty level, the petitioner is not working and thus does not have any current income to,show... Different situation. Without income or co-sponsor (due to fact he is not USC or LPR) the petitioner will need to show assets in HER name and account... Glad it was easy for you but many others have been tripped up by income issues...

Ok but still, I don't think it's that serious. Everyone stresses about this money part. Before my husband and I decided to marry, I had never had a full time "real" job in my life and I still sponsored him on my own. I just had started my own business as a sole proprieter that january 1 of 2012 and I petitioned for him that april. on that 1-134 form I literally just put 0 in savings and I think 1000 or so dollars in the amount that I had in my account. I sent them bank statements and paypal statements and that was it. when it came time to file taxes for 2012 I did so and made just a smidgen above the poverty line. I did not submit my last three years taxes either. Just that one. The IO did not even bat one single eyelash. I can only speak for myself but I found it easy.

she does receive unemployment cheques. Do unemployment checks count as income? If so, she clears the poverty line.

[Mela17 36]

yes, you are fine. see, rest easy.

[christeen 966]

However, unemployment is a TEMPORARY income source and does not bode well for HER ability to sponsor her husband to ensure he does not become a public charge. To the OP... All I can say is since there seem to be some sugar coaters on this thread, you can go to the interview and if they deny, you can transfer the money to her and submit that as proof after the fact.. The only thing it costs is time... If they say ok, then you are in the clear for the K1 (but will have to have other financials for the AOS portion when the 864 is filled out). But I might advise, applying from the UK is much different then applying from India... Check with the India regional forum or the India embassy reviews to get a more accurate idea of how struck India is for the financials...