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kthruelsen

List of short K1 Visa related questions that I have not found the answer to on VisaJourney.

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Filed: K-1 Visa Country: Colombia
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Hey there guys,

I have dropped a swarm of questions in recent days and figured it's best to collateralize everything. After pouring over this whole site, I have compiled more or less a short list of the remaining questions I have.

Thank you so much for all your help.

1. I want to sponsor my fiance with $44,000 dollars in assets in a Roth. $20,000 in cash and $23,000 in stocks. Can I list both of these amounts in the "savings" & "stocks" portions of the I-134? If a Roth is classified differently altogether, where would I place it?

2. The assets of my co-sponsor (my father) are in his and my mother's name.
- As she isn't on the co-sponsor sheet, will this cause any kinds of problems? Will she have to fill out her own affidavit of support? That being said, how many co-sponsors can one actually have?

3. Most of the co-sponsor's assets amount to aabout $500,000. 2/3 of it in a house, 1/3 of it in a mix of retirement accounts/stocks etc.
- Will these suffice over actual hard cash money in a savings account somewhere? If they will suffice, what kind of documentation will be needed to prove their worth? Is a statement from the respective institution good enough? Lastly, what kind of documentation for something like a house?

4. Once I give my fiance all the supporting documents, post-acceptance of the I-129F, what does she do with them?
- Does she bring them to the interview? Will there be a time when she has to send them somewhere? If so, where?
5. I read somewhere that the co-sponsor needs to prove he/she has enough for us AND him/herself?
- If true, does the 3 times poverty rate apply for them as well?
6. In the visajourney FAQ's for the Affidavit of Support it says 5 times the poverty level. I thought it was 3 times?
- What's the difference?
7. On the visajourney tips sheet it says to have the I-134 sync with the I-864. If the I-864 is for the AOS, are they
just saying to make sure I don't have any major differences between the time we get the K1 Visa and the time we apply for the AOS?
8. In the section titled "Some Tips On the USCIS Affidavit of Support" section there is a point that says "If you need more than one affidavit, fill out the entire form but leave the signature blank, then sign each copy and the original. It states in the directions that you can do this."

^Under what circumstances would anyone ever do this?

That's it guys. Feel free to drop some quick knowledge where you can. =)

~Kevin

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Hey there guys,

I have dropped a swarm of questions in recent days and figured it's best to collateralize everything. After pouring over this whole site, I have compiled more or less a short list of the remaining questions I have.

Thank you so much for all your help.

1. I want to sponsor my fiance with $44,000 dollars in assets in a Roth. $20,000 in cash and $23,000 in stocks. Can I list both of these amounts in the "savings" & "stocks" portions of the I-134? If a Roth is classified differently altogether, where would I place it? This is above the 125% of the poverty level so why do you need a co-sponsor and what about salary?

2. The assets of my co-sponsor (my father) are in his and my mother's name.

- As she isn't on the co-sponsor sheet, will this cause any kinds of problems? Will she have to fill out her own affidavit of support? That being said, how many co-sponsors can one actually have?

3. Most of the co-sponsor's assets amount to aabout $500,000. 2/3 of it in a house, 1/3 of it in a mix of retirement accounts/stocks etc.

- Will these suffice over actual hard cash money in a savings account somewhere? If they will suffice, what kind of documentation will be needed to prove their worth? Is a statement from the respective institution good enough? Lastly, what kind of documentation for something like a house? Primary residence cannot be used as an asset as it will cause an undue hardship if sold and the USCIS staes that the asset cannot cause an undue hardship so they exclude the primary residence.

4. Once I give my fiance all the supporting documents, post-acceptance of the I-129F, what does she do with them?
- Does she bring them to the interview? Will there be a time when she has to send them somewhere? If so, where? Typically she takes them to the interview or sends them to the Embassy/Consulate based on the instructions received for that stage
5. I read somewhere that the co-sponsor needs to prove he/she has enough for us AND him/herself?
- If true, does the 3 times poverty rate apply for them as well?
6. In the visajourney FAQ's for the Affidavit of Support it says 5 times the poverty level. I thought it was 3 times?
- What's the difference? 3 times for spouse, 5 times for all other.
7. On the visajourney tips sheet it says to have the I-134 sync with the I-864. If the I-864 is for the AOS, are they
just saying to make sure I don't have any major differences between the time we get the K1 Visa and the time we apply for the AOS? Gather the information for the I-134 and then use the same information for the I-864 form for adjustment of status (AOS) to save some time and effort.
8. In the section titled "Some Tips On the USCIS Affidavit of Support" section there is a point that says "If you need more than one affidavit, fill out the entire form but leave the signature blank, then sign each copy and the original. It states in the directions that you can do this."

^Under what circumstances would anyone ever do this?

That's it guys. Feel free to drop some quick knowledge where you can. =)

~Kevin

Based on what you state, you have $87,000 in assets. What about income or salary? The assets are taken at 1/3 of their value for sponsoring a spouse. So your $87,000 is worth $29,000 which is above the 125% of the porverty guidelines for a household size of 2. Are you 59.5 years old or older? If you have to cash in the Roth you will pay a 10% income tax penalty so I would take that off of its value to be safe. The other assets need to be appraised, readily convertable into cash within a time period of 1 year and cannot place an undue burden if sold--i,e. primary residence and the only car cannot be used as an asset for that reason accordfing to the USCIS. If al that is true, you do not need your father's help, but you can include him if you want.

The I-134 is not a legally binding document and used by the Embassies/Consulates as a check because they know you will have to file the I-864 after getting married. So if you can qualify for the I-134 most of us just use the same evidence and documents when filing the I-864.

Good luck,

Dave

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Filed: K-1 Visa Country: Brazil
Timeline

Since you're sponsoring a fiancée and not a spouse, you need 5x the poverty level in assets, not 3x. Also, as Dave said, the house (if it's the primary residence) doesn't qualify, and I'm not sure about the Roth, because you would occur a penalty upon withdrawing the funds and that might be considered "undue hardship."

If your parents are willing to be co-sponsors and make 125% of the poverty level per year, then that's all you need -- no sense in worrying about all those complicated assets. This is assuming Colombia accepts co-sponsors and doesn't use exceptionally strict criteria for evaluating them.

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Filed: K-1 Visa Country: Colombia
Timeline

Just to be clear, 5x the poverty level for 2 is different from 125% of the poverty guidelines, correct?


Thanks guys. Sorry I need to clarify. It's 43,000 in the Roth. That 43,000 is made up of 20,000 in cash and another 23,000 invested in stocks.

I am currently unemployed because I am finishing my final semester in college. I am 27 so I'd take a penalty on a Roth withdraw I just wish I knew whether that would constitute an "undue hardship". If it does, than I have flat zero to sponsor my fiance with. My folks' property is the house they live in so that's off the table.

If the poverty level stands at 15,730 for 2 people then does this mean that all I need is my father to sponsor them with an I-134 showing his income exceeds $19,000/125% of the poverty guidelines?

Edited by kthruelsen

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Filed: K-1 Visa Country: Colombia
Timeline

Okay I just found out it's 125% x 5 years so 95,000 bucks or so.

Here's a question, If I am at flat zero because all the liquidity and stocks are in the Roth, is it an option to find two people besides myself to serve as the sponsors?

Or do I as the patron of my fiance have to serve as one of the sponsors by default.

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Filed: Country: Mexico
Timeline

Many consulates go by the I-864 guidelines, including accepting 3 times the income requirement in assets for a spouse/fiance(e). As I told you in one of your other posts, you do not even have 3 times the $19,662 income requirement. You need a bare minimum of $58,986 in assets. There is also no guarantee they would accept the assets alone. You should find a co-sponsor. You can only use one co-sponsor that meets the requirement.

You fill out your own I-134 and the co-sponsor fills out their own separate one. I also answered about this in another one of your threads before > "You will need a co-sponsor that meets the requirement for their own household size plus the foreign fiance(e). They will fill out their own separate I-134 and provide the same documents as you, most recent tax transcript, letter from employer and/or recent pay stubs. The co-sponsor should also provide proof of being a USC or LPR."

So, if you use your father, then his household is himself, any spouse, any minor children, any other dependents he claimed on his taxes, anyone else he is actively sponsoring through an I-864, plus your foreign fiance(e). If it is just himself and a wife with no other dependents, then his household size will be himself, his wife and your foreign fiance(e), for a total of 3. He would need to meet the income requirement for that household size, which for 3 is, $24,737 > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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