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Posted

Hi Everyone,

I have a question in regards to the affidavit of support form for I-129F. I am the US citizen bringing my fiance from India (who is currently in New Zealand) and this is my dilemma: I imagine I would be the one sponsoring him because I make a YTD salary of over $15,000. I also own a few valuables such as a vehicle (value of over $8,000) thats been paid off.

Now, I am still living with my parents until he arrives here (hope its soon). My father is retired, my mother is one of my co-workers and makes about $2000 less then me on the YTD basis, owns a vehicle but obviously our house. My question is, who fills the form? I have a friend who came from Marrocco and has advised we both fill them but I am concerned the USCIS will get confused between who the sponsor is and I will end up getting an RFE. I know its not a problem but I really don't want to delay any progress.

Also, what do they consider to be reasonable income to support the fiance? If I remember right I think i saw it needs to be atleast $14,000 about two years ago. Am I correct?

Any advice in this matter would be greatly appreciated!

Posted

Ok, first you do not need to submit an affidavit of support with your I-129f package. The I-134 affidavit of support is used once your I-129f is approved and sent to the embassy for interview.

You will need to have a minimum annual salary of $19,387. This is based on just you and your fiance. If you need a co-sponsor, they will need to make enough for their household size. Assuming you want to use one of your parents, their househould size would be minimum 3 (mom + dad + your fiance), and the minimum annual salary needed is $24,412.

You cannot claim a vehicle if it is the primary vehicle. You can only claim it if it is a second vehicle. You can include the net value of a home. If using assets, the total value must equal 5 times the difference you are short. For example, if you are $2000 short of the minimum, you will need $10,000 in assets. I think as the primary sponsor you only need 3 times the assets, but your co-sponsor would need 5 times.

You will fill out your I-134 since you are the primary sponsor. Your co-sponsor will fill out their own I-134.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Posted

I know I don't file the support form now. :)

So if that's based off of my fiancé and I's income, does he need to provide his own financial income for the interview? And if I am getting a co-sponsor, he would need to show he only needs partial assistance (the question on the form) right? He makes at least 55k (45k USD) annually. And if the value of a home is included, does that fall under it being an asset? I am 24 so my parents don't claim me on their taxes nor do I claim anyone so I don't think it would be considered a household of 3. Correct me if I'm wrong, please.

I realized I actually make over 17k, not 15. The car is my only but my parents have their own as well. Also, what else could be claimed as an asset (furniture, electronics? lol)

Sorry for the load of questions but they came as I was responding and plus I want to make sure I am stable for when the time comes. Gotta do things right ;) Thanks in advance!

Filed: Citizen (apr) Country: Italy
Timeline
Posted

His income (since he is immigrating) will not be considered unless it will continue after he comes to USA ... So you have to show that you have the income to support him. You and him are a household size of 2 ... You must make 19,388 or have cash/easily convertible assets 3x the shortfall...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Posted

I know I don't file the support form now. smile.png

So if that's based off of my fiancé and I's income, does he need to provide his own financial income for the interview? And if I am getting a co-sponsor, he would need to show he only needs partial assistance (the question on the form) right? He makes at least 55k (45k USD) annually. And if the value of a home is included, does that fall under it being an asset? I am 24 so my parents don't claim me on their taxes nor do I claim anyone so I don't think it would be considered a household of 3. Correct me if I'm wrong, please.

I realized I actually make over 17k, not 15. The car is my only but my parents have their own as well. Also, what else could be claimed as an asset (furniture, electronics? lol)

Sorry for the load of questions but they came as I was responding and plus I want to make sure I am stable for when the time comes. Gotta do things right wink.png Thanks in advance!

Let me try to clarify. It is based off of your income alone, not you and your fiance's. Your fiance's income is not even considered. You need to prove that YOU have enough money in income or assets to support your fiance here in the US. There is no such thing as partial assistance, either you have it or you don't. Your co-sponsor needs to have at least the minimum poverty level for their household size, the same requirements as you. I imagine the 55K salary is your fiance's? It is irrelevent. The net value of a home is considered an asset. If your car is your only car, you cannot claim it. If your mom's car is her only car, she cannot claim it. You can probably use anything that would be of significant value as an asset, like maybe jewelry. Furniture and electronics you aren't going to get high value from it. Anything you do use as an asset you need to have proof of its value.

Each sponsor filling out an I-134 needs to meet minimum poverty guidelines for their household size. Household size includes anyone that the sponsor is obligated to support, plus the beneficiary. These are any dependents you claim on taxes, any children you might have, etc.

  • Your household size includes yourself and the following individuals, no matter where they live: any spouse, any
    dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all
    persons being sponsored in this affidavit of support, and any immigrants previously sponsored

Ok in your case as the primary sponsor, you said you don't claim anyone and assuming you don't have any children either. Your household size is 2, just you and your fiance. In the case that your mom is your co-sponsor, now we are talking about her household size. You said your parents don't claim you, and assuming they don't claim anyone else, your mom's household size is 3. It is your mom, your dad, and your fiance. Your mom has to count everyone that she is supporting in her current household (herself and your dad), and the intending immigrant who she is sponsoring.

I hope this makes it a bit more clear.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Posted

Let me try to clarify. It is based off of your income alone, not you and your fiance's. Your fiance's income is not even considered. You need to prove that YOU have enough money in income or assets to support your fiance here in the US. There is no such thing as partial assistance, either you have it or you don't. Your co-sponsor needs to have at least the minimum poverty level for their household size, the same requirements as you. I imagine the 55K salary is your fiance's? It is irrelevent. The net value of a home is considered an asset. If your car is your only car, you cannot claim it. If your mom's car is her only car, she cannot claim it. You can probably use anything that would be of significant value as an asset, like maybe jewelry. Furniture and electronics you aren't going to get high value from it. Anything you do use as an asset you need to have proof of its value.

Each sponsor filling out an I-134 needs to meet minimum poverty guidelines for their household size. Household size includes anyone that the sponsor is obligated to support, plus the beneficiary. These are any dependents you claim on taxes, any children you might have, etc.

  • Your household size includes yourself and the following individuals, no matter where they live: any spouse, any
    dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all
    persons being sponsored in this affidavit of support, and any immigrants previously sponsored

Ok in your case as the primary sponsor, you said you don't claim anyone and assuming you don't have any children either. Your household size is 2, just you and your fiance. In the case that your mom is your co-sponsor, now we are talking about her household size. You said your parents don't claim you, and assuming they don't claim anyone else, your mom's household size is 3. It is your mom, your dad, and your fiance. Your mom has to count everyone that she is supporting in her current household (herself and your dad), and the intending immigrant who she is sponsoring.

I hope this makes it a bit more clear.

Thank you, it does. But I want to let you know you did in fact say the required salary was based off both my fiancé and I in your first comment. :)

Filed: Citizen (apr) Country: Italy
Timeline
Posted

It gets confused with household size (counts you plus fiancé) and income requirements... But bottom line, they need to see that you, the sponsor, can support your fiancé so any income he is making in a foreign country or money kept in foreign accounts are not counted... What counts is what you have, earn and what is in the USA ... They want to be sure he will not become a public charge once here in the USA. Good luck

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

You need to make more than 19, 387, if you don't you need a joint sponsor. You cannot count your husbands income or assets, you cannot count your car. The only way you can use your parents house as an asset is if they joint sponsor. You cannot combine your income with your parents.


Posted

Ok, first you do not need to submit an affidavit of support with your I-129f package. The I-134 affidavit of support is used once your I-129f is approved and sent to the embassy for interview.

You will need to have a minimum annual salary of $19,387. This is based on just you and your fiance. If you need a co-sponsor, they will need to make enough for their household size. Assuming you want to use one of your parents, their househould size would be minimum 3 (mom + dad + your fiance), and the minimum annual salary needed is $24,412.

You cannot claim a vehicle if it is the primary vehicle. You can only claim it if it is a second vehicle. You can include the net value of a home. If using assets, the total value must equal 5 times the difference you are short. For example, if you are $2000 short of the minimum, you will need $10,000 in assets. I think as the primary sponsor you only need 3 times the assets, but your co-sponsor would need 5 times.

You will fill out your I-134 since you are the primary sponsor. Your co-sponsor will fill out their own I-134.

Thank you, it does. But I want to let you know you did in fact say the required salary was based off both my fiancé and I in your first comment. smile.png

Ok I see now where you read it in my first comment. That comment was actually directed at your household size, not about your combined salary. Sorry for the confusion!

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

 
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