Affidavit of Financial Support Question

[IgorT 1]

Hello everyone, I really need help with a big issue.

My fiance got a letter from consulate and everything is going great. While looking over the affidavit of support and the poverty guidelines, I ran into a problem.

To make a long story short. I live with my parents and brother in one home, I work and go to school. I earn enough to meet the poverty guidelines for 2 people household, me and my fiance (when she gets here) but not 5 people household (me, fiance, parents, and brother).

I file my taxes individually with no dependents. So would my "household size" be 2 or 5?

I am really worried about this, any help would be appreciated!

Thank you!

[erinwall 0]

Igor, no need to worry. Your household size is one currently (you) and will be two when your fiance arrives. Unless you claim your family members as dependents on your taxes (which you said you don't), you don't even need to tell the USCIS about them. They're irrelevant to the affidavit. I myself live with friends and I didn't include them on my affidavit, though we share household expenses. Same deal for you. Sweat no more!

Edited May 15, 2014 by erinwall

[IgorT 1]

Igor, no need to worry. Your household size is one currently (you) and will be two when your fiance arrives. Unless you claim your family members as dependents on your taxes (which you said you don't), you don't even need to tell the USCIS about them. They're irrelevant to the affidavit. I myself live with friends and I didn't include them on my affidavit, though we share household expenses. Same deal for you. Sweat no more!

Thanks for the reply! I get it now that I dont need to include them.

Although if I do include them can I add their wages?

The reason I am asking is because I do not meet the 125% guideline, but I do meet the 100% guideline. I'm sure I have to meet 125%.

I talked to my brother who is financially stable he agreed to sponsor me. So I will need to file for 2 or 3 dependents? me, my brother and fiance? And then add my and my brothers wages up?

Also do I include my fiance as my dependent even though she does not live with me? I did not file her as a dependent on my taxes

[erinwall 0]

Igor,

I totally understand. Similar situation here.

DO NOT include your family members as part of your household. There are other ways to include their financial support.

At the end of the day, I ended up meeting the 125% guideline, so I didn't need other support, but I did have some friends lined up, similar to you, who were willing to submit an affidavit on our behalf if we needed it. From people who have done this process before you or me, I have heard two different ways of going about this:

1) You complete your own Affidavit of Support (AOS) and submit all supplementary documentation. You also have your brother complete a separate AOS and provide all the required supplementary documentation. Send both of these to your fiance(e) to bring to the interview.

2) If your brother, by himself, makes more than the 125% guideline, and if he is comfortable with the burden filing an AOS put on him (if he trusts you), he can complete the AOS, provide all the required supplementary documentation and you can send that alone to your fiance(e) to bring to the interview.

I know Option #2 works; I don't know if Option #1 is viewed as strange or not by the U.S. Embassy, but reason tells me it wouldn't be. It's your call.

As far as dependents go, as long as you are not married, your fiance(e) is not your dependent, so you should be putting "none" on line 8 of the I-134 (AOS). Do not include your fiance(e), nor your brother, unless they definitely depend on your for support.

Edited May 15, 2014 by erinwall

[IgorT 1]

Igor,

I totally understand. Similar situation here.

DO NOT include your family members as part of your household. There are other ways to include their financial support.

At the end of the day, I ended up meeting the 125% guideline, so I didn't need other support, but I did have some friends lined up, similar to you, who were willing to submit an affidavit on our behalf if we needed it. From people who have done this process before you or me, I have heard two different ways of going about this:

1) You complete your own Affidavit of Support (AOS) and submit all supplementary documentation. You also have your brother complete a separate AOS and provide all the required supplementary documentation. Send both of these to your fiance(e) to bring to the interview.

2) If your brother, by himself, makes more than the 125% guideline, and if he is comfortable with the burden filing an AOS put on him (if he trusts you), he can complete the AOS, provide all the required supplementary documentation and you can send that alone to your fiance(e) to bring to the interview.

I know Option #2 works; I don't know if Option #1 is viewed as strange or not by the U.S. Embassy, but reason tells me it wouldn't be. It's your call.

As far as dependents go, as long as you are not married, your fiance(e) is not your dependent, so you should be putting "none" on line 8 of the I-134 (AOS). Do not include your fiance(e), nor your brother, unless they definitely depend on your for support.

Thank you for the support Erinwall, you are helping us out a ton. Especially when Im leaving in 8 days to see my fiance.

I understand what you are saying, although I have some questions.

There is a form I-864A, that I have a cosponsor sign and provide documentation.

On my tax returns it shows that I do not make 125% of guideline, although I do make 100%. So I need to rely on my brother to be a sponsor.

My brother can sign up for me but he is in a similar situation as me. He will be bringing his wife over later on using a K3 visa.

So if he cosigns on my AOS, does that make me his dependent?

I dont want him to have me listed as a dependent in case he wont make the poverty guidelines later on. He does make the 125% poverty guidelines for 2 of us, plus he has a lot saved up in the bank.

I just need to make sure it will not burden him later on during his k-3 application process.

Edited May 15, 2014 by IgorT

[IgorT 1]

Would it be possible to file AOS without meeting the 125% poverty guidelines but having money saved up in in the bank. Like at least 50% of the poverty guidelines value?