I-134 Uncertainty Questions

[racheal&david 108]

Hey guys, so I have a few questions my fiancé and I are slightly confused with in regards to the Affidavit of Support form I-134.

A little background info on us; I'm the beneficiary and currently living in the UK with our son (he's a dual US/UK citizen) so not needing to apply for a visa for him. My fiancé will only be sponsoring me as I'm the immigrant. My fiancé is currently working with an annual income of $18,200. He's in the process of looking for a new job (for a variety of reasons) as his current job is just a stepping stone but anyway we know that's below the poverty level for our household size, which will be 3 once we're all together.

Questions:

1. Can he use his savings to bridge the gap between his income and the amount we need?

2. Is the annual income gross? I think I've read this before but I just want to double check.

3. For question 2, how long has he resided in the U.S. He moved back last year after working abroad for a few years so I assume he puts the date he last came back to the U.S?

4. For question 3, I am the immigrant but do we put our sons name as he will be accompanying me to the U.S. although the affidavit is not needed for him as like I said before he is a US citizen.

5. For question 8, would we instead put our son as a dependant for this question? however I am currently the only financial provider for our son and my fiancé isn't sending us money or anything so he will only be supporting him once we've moved to the U.S.

6. What financial evidence/documents are best to be taken to the interview? And copies or originals?

7. Since my fiancé has been living and working abroad (he only has last years tax return) previously he was out of the country. Will that last one be okay?

8. Lastly, if we end up needing a co-sponsor. We will be asking his aunt and uncle, they're married so will they each fill out a separate I-134?

Sorry for the long winded question. We aren't at this stage yet but trying to be prepared as possible so that once we get our NOA2 we can make the rest of this part of the journey easier.

[baron555 934]

Questions:

1. Can he use his savings to bridge the gap between his income and the amount we need?

Yes but only 30% is accounted for.

2. Is the annual income gross? I think I've read this before but I just want to double check.

Gross Income

3. For question 2, how long has he resided in the U.S. He moved back last year after working abroad for a few years so I assume he puts the date he last came back to the U.S?

Yes

4. For question 3, I am the immigrant but do we put our sons name as he will be accompanying me to the U.S. although the affidavit is not needed for him as like I said before he is a US citizen.

Yes

5. For question 8, would we instead put our son as a dependant for this question? however I am currently the only financial provider for our son and my fiancé isn't sending us money or anything so he will only be supporting him once we've moved to the U.S.

The son will become dependent on the petitioner upon immigration

6. What financial evidence/documents are best to be taken to the interview? And copies or originals?

Copies

7. Since my fiancé has been living and working abroad (he only has last years tax return) previously he was out of the country. Will that last one be okay?

Yes he submits what he has.

8. Lastly, if we end up needing a co-sponsor.

Sound like you will unless he gets that new job.

We will be asking his aunt and uncle, they're married so will they each fill out a separate I-134?

No, only one of them.

[Nich-Nick 3,353]

Questions:

1. Can he use his savings to bridge the gap between his income and the amount we need?

2. Is the annual income gross? I think I've read this before but I just want to double check.

3. For question 2, how long has he resided in the U.S. He moved back last year after working abroad for a few years so I assume he puts the date he last came back to the U.S?

4. For question 3, I am the immigrant but do we put our sons name as he will be accompanying me to the U.S. although the affidavit is not needed for him as like I said before he is a US citizen.

5. For question 8, would we instead put our son as a dependant for this question? however I am currently the only financial provider for our son and my fiancé isn't sending us money or anything so he will only be supporting him once we've moved to the U.S.

6. What financial evidence/documents are best to be taken to the interview? And copies or originals?

7. Since my fiancé has been living and working abroad (he only has last years tax return) previously he was out of the country. Will that last one be okay?

8. Lastly, if we end up needing a co-sponsor. We will be asking his aunt and uncle, they're married so will they each fill out a separate I-134?

Sorry for the long winded question. We aren't at this stage yet but trying to be prepared as possible so that once we get our NOA2 we can make the rest of this part of the journey easier.

This form is different than the one that will be filled out for your adjustment of status. It has different requirements

Income- if his gross income is short $2000, then he needs 3 times that in assets. The Dept of State says 100% of the poverty guidelines is acceptable for a fiancé. London has accepted less that 125% in the past. It is up to the officer and is a subjective decision.

The form does not count household size. it asks who he supports at the time he fills out this form. Nobody, unless he has a previous child that he pays child support for.(#8)

I think the child is not listed as accompanying you because he is not getting a K2 visa as a derivative of your visa. He does not need an affidavit of support. He's an American citizen and can go on welfare.

Financial evidence: London does not even require a tax return with the I-134 if there is another proof. His tax return is an easy proof, but London often picks the employer letter as the proof of choice and hands back anything else. But do note that for after marriage, the I-864 for your adjustment does require the most recent tax return and numbers off the last three. If he earned money anywhere in the world, he is required to file a US tax return. He should work on those so he has the late filing done before your adjustment of status. That is a topic you can post in the tax forum so I won't get into it here. He likely will not owe anything, but needs to report his UK income.

Aunt and uncle: if your fiancé is afraid he can't qualify to sponsor, then the aunt or uncle can do the I-134 instead of your fiancé. This has been confirmed in the UK forum over the years. He can also try it on his own and save the other to pull out if needed. The one who makes the most money should sponsor so they cover the whole obligation. Remember your husband and child do not need support. The sponsor can prove his/her separate income with an employer letter since the tax return is joint and lumps it all together. This is different than a joint sponsor on an I-864 and he will probably need one for that because the household count of 3 will apply as well as the 125%.

Come participate in the UK forum because each consulate is different once you get to that stage.

Edited February 26, 2015 by Nich-Nick

[racheal&david 108]

This form is different than the one that will be filled out for your adjustment of status. It has different requirements

Income- if his gross income is short $2000, then he needs 3 times that in assets. The Dept of State says 100% of the poverty guidelines is acceptable for a fiancé. London has accepted less that 125% in the past. It is up to the officer and is a subjective decision.

The form does not count household size. it asks who he supports at the time he fills out this form. Nobody, unless he has a previous child that he pays child support for.(#8)

I think the child is not listed as accompanying you because he is not getting a K2 visa as a derivative of your visa. He does not need an affidavit of support. He's an American citizen and can go on welfare.

Financial evidence: London does not even require a tax return with the I-134 if there is another proof. His tax return is an easy proof, but London often picks the employer letter as the proof of choice and hands back anything else. But do note that for after marriage, the I-864 for your adjustment does require the most recent tax return and numbers off the last three. If he earned money anywhere in the world, he is required to file a US tax return. He should work on those so he has the late filing done before your adjustment of status. That is a topic you can post in the tax forum so I won't get into it here. He likely will not owe anything, but needs to report his UK income.

Aunt and uncle: if your fiancé is afraid he can't qualify to sponsor, then the aunt or uncle can do the I-134 instead of your fiancé. This has been confirmed in the UK forum over the years. He can also try it on his own and save the other to pull out if needed. The one who makes the most money should sponsor so they cover the whole obligation. Remember your husband and child do not need support. The sponsor can prove his/her separate income with an employer letter since the tax return is joint and lumps it all together. This is different than a joint sponsor on an I-864 and he will probably need one for that because the household count of 3 will apply as well as the 125%.

Come participate in the UK forum because each consulate is different once you get to that stage.

Thanks, you're like the fairy godmother of this process for the UK. I mean that in the best way

So if my fiancé has savings in excess of $6000 we should be alright until AOS? And our son is his only child but he doesn't pay any child support so I thought he wouldn't need to be included on the affidavit until AOS stage when he will actually be living in the U.S. with us and then dependant on his father instead of me. Correct me if I'm wrong.

Thanks again.

[Nich-Nick 3,353]

That was just an example number. I could have used $5000 short and $15k assets. You do the math based on whatever shortfall you think he has. Yes, I don't think he lists his son now as somebody he currently supports. Later the son will be part of his household size so there will be 2 Americans + immigrant = 3 and definitely will need 125% of the poverty guidelines. $24,737 (but 2015 guidelines may be out by then).

And the good thing is, nobody is evaluating this I-134 until you take it to the interview. You are face to face with the person who gets to decide, so hash it out with him if he has questions.

For reference, look at this page. Read the question 10 questions down. http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

[racheal&david 108]

That was just an example number. I could have used $5000 short and $15k assets. You do the math based on whatever shortfall you think he has. Yes, I don't think he lists his son now as somebody he currently supports. Later the son will be part of his household size so there will be 2 Americans + immigrant = 3 and definitely will need 125% of the poverty guidelines. $24,737 (but 2015 guidelines may be out by then).

And the good thing is, nobody is evaluating this I-134 until you take it to the interview. You are face to face with the person who gets to decide, so hash it out with him if he has questions.

For reference, look at this page. Read the question 10 questions down. http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Thanks again. Cleared our confusion. I found the 2015 guidelines somewhere, can't remember the link exactly but currently we're about $2000 short so would need $6000 in savings and the 125% is about $25,500 I think so will definitely need a co sponsor for the AOS part unless my fiancé can secure this better job.

But I appreciate your help. Many thanks

But you

[racheal&david 108]

Hey guys,

I know this is an older post but I don't want to open a new post when the questions kinda continue on from what I've asked before. So basially, my fiance and I have now got his mum as our co-sponsor. We're going to use his income and his savings plus mine for the London embassy and hopefully get by with that but have his mums stuff just as a back up. But I want to make sure I'm reading everything correct for AOS to make sure she's got enough in income and assets to cover.

So there's me, my fiance and our son. That's 2 Americans + me the immigrant. Household of 3 for AOS. But if his mum is our co-sponsor (she lives alone) her household will be her + me so just 2. So will she only need to prove enough income to support a household of 2 or will she need to cover 4 including my fiance and our son. So 3 Americans + 1 immigrant. We will be living in an apartment which is owned by his mum but it's all official and we'll have a lease contract and rental agreement etc. I'm not sure if that affects anything.

I guess I'm just looking to double check the household and who she has to show enough support for as our co-sponsor. Or joint sponsor whichever term I should be using.

Thanks in advance for your guys' help.

[Nich-Nick 3,353]

Hey guys,

I know this is an older post but I don't want to open a new post when the questions kinda continue on from what I've asked before. So basially, my fiance and I have now got his mum as our co-sponsor. We're going to use his income and his savings plus mine for the London embassy and hopefully get by with that but have his mums stuff just as a back up. But I want to make sure I'm reading everything correct for AOS to make sure she's got enough in income and assets to cover.

So there's me, my fiance and our son. That's 2 Americans + me the immigrant. Household of 3 for AOS. But if his mum is our co-sponsor (she lives alone) her household will be her + me so just 2. So will she only need to prove enough income to support a household of 2 or will she need to cover 4 including my fiance and our son. So 3 Americans + 1 immigrant. We will be living in an apartment which is owned by his mum but it's all official and we'll have a lease contract and rental agreement etc. I'm not sure if that affects anything.

I guess I'm just looking to double check the household and who she has to show enough support for as our co-sponsor. Or joint sponsor whichever term I should be using.

Thanks in advance for your guys' help.

Unless she claims her son as a dependent on her income tax, then he is not counted in her household for this purpose. It isn't so much about who lives inside your house, but who you support and claim as a dependent. If he's not on her tax return, then it is Mom+you, household of 2.

[racheal&david 108]

Unless she claims her son as a dependent on her income tax, then he is not counted in her household for this purpose. It isn't so much about who lives inside your house, but who you support and claim as a dependent. If he's not on her tax return, then it is Mom+you, household of 2.

Thanks! She doesn't claim him as a dependent and he files his own taxes too. I was pretty sure it would be her+me but I just wanted to make 100% sure I was reading the forms correctly. With so much to wrap my head around, US taxes are just another headache.

But thank you for the clarification. Much appreciated!