I-134 Not Sure How To Go About This Due To A Strange Situation - Help Please!

[WandS 0]

Hi,

We received our NOA2 in early January, and I received my letter from the US Embassy in London just the other day. I thought we would be fine with the financial situation but now I'm not sure.

She is still a student (The US Citizen) and is having her mother as a co/signer for the I-134. The first question as I've seen on different websites different answers is, will her mother be a co-signer, or for this stage does only need her mother to fill in an I-134?

Along with that, her mother is self employed and was going to accompany her documents like the IRS transcripts etc. but I've seen on a different forum that she doesn't use the Gross Business Income to determine her earnings, she uses only what is left after the business deductions, but on her IRS transcripts/tax returns, it is her income along with her husbands, rather then just her own after the business deductions, so does she use the total income of both herself, and her husband, as the income on the form as at the time they were living together?

Just to then make things even more complicated, they are now going through a divorce, so for the year 2014 (when they eventually file the taxes for that year) it will still have both of them on it, even though for the future it will only be her, and the divorce would most likely have been completed by the time I would file the adjustment of status. So I'm not sure what situation this would put me in whether they would think it was a lie about the financial situation at the first stage, and count it as deceitful etc. and refuse adjustment of status because of that. This then leads me on to where it say about who lives in the house on the I-134, as at the time she fills this in, her husband soon to be ex won't be there, but will be on the IRS transcripts/tax returns.

One final thing i cant seem to find a uniform answer on either, is how the assets are taken into account if under the required financial amount, I've seen some say 3, some say 5 times the gap, and i saw one mention they wouldn't actually consider their house/real estate and car into it either so it's now causing a lot of stress as we're not now sure on whether we will be safe financially for this stage.

Thank you for any help!

W

[Pheebs1201 269]

For the London embassy, either both of them can fill out an I-134 or just her mother can.

Pretty sure if it's savings then its 3x the discrepancy.

Is she a dependent for her mother? If so it will be in the income for her, you, the mother and her husband so four people. If not then it'll be 125% of the income threshold for three (recommend looking at the I-864 for poverty guidelines).

Would look out for Nich-Nick on this site, she will be able to provide you with a much better answer, she's a great help! Also you should check out the K1 london guide here: http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

Hope that helps a bit.

Edited February 21, 2015 by Pheebs1201

[WandS 0]

Thanks pheebs, So even though her father (husband of the co-sponsor) doesn't live there any more, because he's on the transcripts/tax returns I still put him there?

[KayDeeCee 4,891]

If they are not divorced yet, then yes, the spouse is still included even if they do not reside in the same house.

How to count household size >

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 with a Form I-864 or Form I-864 EZ

Asset details come from the I-864 instructions. It would be 3 times for a spouse or minor child and 5 times for anyone else, so a co-sponsor's assets would need to be 5 times. Though I am not sure London is one of the consulate's that follows the I-864 guidelines for the I-134/K-1.

[WandS 0]

Thanks KayDeeCee, does this mean that her mother, the sponsor can include her husbands income under Question 7: "I derive an annual income of..." ?

[KayDeeCee 4,891]

No, the I-134 does not combine incomes. She would need to put her individual income there. She can provide W-2's, letter from employer and/or recent pay stubs to prove her individual income.

[WandS 0]

ok, thank you, and anything about the rest of the post? Will the embassy if i call them be able to shed some light?

[KayDeeCee 4,891]

Oh, just re-read your post and she is self-employed, so no W-2s. She would use her 1099, and it would be line 22, total income after business deductions, but that is combined with her husband. Gotcha.

Is it possible to have each of them fill out an I-134 and have them provide their joint tax return? London may accept it that way. I am going to move your post to the UK forum so you can get answers specific to London, since they have very lax rules about the I-134 and financials there, and others that know specifically about London would be the ones to help. Nich-Nick would be my go-to person to ask.

~ Moved from K-1 Process to UK regional - topic is specific to London ~

[Nich-Nick 3,353]

This is complicated but I will break it down to what I know specifically about a London interview.

We received our NOA2 in early January, and I received my letter from the US Embassy in London just the other day. I thought we would be fine with the financial situation but now I'm not sure.

She is still a student (The US Citizen) and is having her mother as a co/signer for the I-134. The first question as I've seen on different websites different answers is, will her mother be a co-signer, or for this stage does only need her mother to fill in an I-134?

London will accept an I-134 from someone other than the fiancé. So mother only is okay. Not true at every embassy is why you see differing opinions.

Along with that, her mother is self employed and was going to accompany her documents like the IRS transcripts etc. but I've seen on a different forum that she doesn't use the Gross Business Income to determine her earnings, she uses only what is left after the business deductions, but on her IRS transcripts/tax returns, it is her income along with her husbands, rather then just her own after the business deductions, so does she use the total income of both herself, and her husband, as the income on the form as at the time they were living together?

Self employed makes it more complicated. In general on an Affidavit of Support (especially I-864), a self-employed person's income comes from Line 22 of the tax return. That would be after profit or loss from the business is put in. So yes her income is basically her profit from the business as shown on her Schedule C after she has taken all her business deductions. Her income is shown on Line 31 of schedule C. London would likely accept that, perhaps with a little explanation that her part of the income is exclusive to the business. They don't necessarily understand any more about taxes than the next bloke, but schedule C will have her name on it as business owner and "31. Net profit (or loss)" should be understandable if pointed out. Look at Schedule C http://www.irs.gov/pub/irs-pdf/f1040sc.pdf

You are there face to face to discuss it and London is flexible. Later for AOS and the I-864 it may be more difficult to get the point across but perhaps a statement from her. Deal with that later.

Kay mentioned a 1099-MISC proving her income, but she may not get that. A self -employed contractor who does all their work for one business would get one, but we don't know the nature of her business. If she sells things on the internet for example or is a hairdresser or an accountant, then her income comes from clients and is not reported on a 1099-MISC.

Just to then make things even more complicated, they are now going through a divorce, so for the year 2014 (when they eventually file the taxes for that year) it will still have both of them on it, even though for the future it will only be her, and the divorce would most likely have been completed by the time I would file the adjustment of status. So I'm not sure what situation this would put me in whether they would think it was a lie about the financial situation at the first stage, and count it as deceitful etc. and refuse adjustment of status because of that. This then leads me on to where it say about who lives in the house on the I-134, as at the time she fills this in, her husband soon to be ex won't be there, but will be on the IRS transcripts/tax returns.

I don't think the USCIS is going to look over your visa files from the Dept of State and surmise you are deceitful. AOS is a new process. New part of the government, Visa is over. They deal in facts as you can present them on paper.

If you look at form I-134 (for visa), it doesn't count the household size. It asks who do you support? List the name and say partial or totally. Does she support her husband? Then don't list him. Does she support your fiancé? Total or partial? It just gives the officer an idea of her financial obligations to other people. The I-134 is addressed in the Foreign Affairs Manual (bible for the visa interviewers) as merely the officer must be convinced you (immigrant) will not become a public charge. It gives no required dollar amount or head count. It is totally subjective. So convince him that Mom makes enough from her business. London is very flexible on this. If you have a good stash of cash yourself, then take a financial statement and show him you have some money of your own to help sway him.

One final thing i cant seem to find a uniform answer on either, is how the assets are taken into account if under the required financial amount, I've seen some say 3, some say 5 times the gap, and i saw one mention they wouldn't actually consider their house/real estate and car into it either so it's now causing a lot of stress as we're not now sure on whether we will be safe financially for this stage.

Thank you for any help![

We have already eatablished that for the I-134 it is pretty lenient in London and subjective. But many try to go by the specific I-864 guidelines as a guide. The Dept of State says a fiancé can make just 100% of the poverty guidelines. It doesn't address the mom.

So if you want to know the I-864 standards for AOS, the spouse's (your now fiancé) assets needed are 3 times the shortfall in current income, where a joint sponsor's (Mom) must be 5 times when you file AOS.

Come back when you get the visa and get married and we will sort out your AOS support based on when that is and who is still married or not.