I-134 Questions

[coniefl 28]

I have three children that live with their mother and I filed for the k1 visa for my fiance and her daughter. I always assumed that Gross income was used to determine the financial requirements and thought since they asked on the I-134 form if I support my dependent children fully or partially that they took into consideration the partial support, why else would they ask, but now I am reading different in the forums here on VJ.

I am reading that it is the adjusted income that is used. If gross income is used I fall about $100 short of the 125% requirement, I wouldn't fall short here if TSC wasn't so slow because I would fall under last years guidelines, and if adjusted income is used I'm about $3100 short.


Questions I have:

1. Do they use the adjusted income or gross income to determine eligibility?

2. Do they take into consideration partial support (I know there is no such thing as a 1/2 of person, but there is such a thing as paying 1/2 of a persons support).

3. I have read on some older posts that the 125% requirement doesn't come into play until the AOS stage, is that true?

4. I own a house, I don't see anything in the I-134 instructions that states that I need to provide documentation for Assets:

a. Do I have to provide documentation such as an appraisal at the interview stage or does that come later at the AOS stage?

b. By using an asset, such as a house, what is actually determined? Are they just looking to see if the equity of the home makes up the difference of the lack of income, in my case $100 or $3100?

5. Since I put her daughter on the K1 application do I have to meet the requirements for both my fiance and her daughter at the time of the interview if the daughter is to follow at a later time?

[RoJ10 18]

If you have applied for both (fiancée and her daughter) then it should be counted as additional two.

According from everyone's feedback, it's not a horseshoe it you're short a little they will consider it. However, it's a good news that you own a house and you can use the appraisal value of it as a supporting assets.

Let's say you lack $3100 to meet your annual income, if you're not working in military then you have to multiply it by 5 to meet the required support. There's a complete explanation about the affidavit of support options that is well explained , your alternatives just in case you didn't meet the required amount.

A co-sponsor is another option just in case, but since you own a house maybe you're safe to continue petitioning them.

[coniefl 28]

kawaiijackie

Thank you for your reply.

I am not sure what you mean by multiply by 5, I went by the guidelines on the instructions for the 2015 HHS Poverty Guidelines for Affidavit of Support (Form I-864P), found here http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf, it lists the actual 125% poverty figures for the requirement.

Do you know if I need proof of the value of the home (appraisal) at the time of the interview, as the instructions on the I-134 do not state anything about providing proof for assets, or is it sufficient enough for me to just write the values in the spaces provided, and later on provide proof for the AOS?

I am also wondering if I need an actual appraisal, they could be costly, I've read in a post where someone used there homeowner's policy because it also lists the value of the home.

[KayDeeCee 4,891]

I have three children that live with their mother and I filed for the k1 visa for my fiance and her daughter. I always assumed that Gross income was used to determine the financial requirements and thought since they asked on the I-134 form if I support my dependent children fully or partially that they took into consideration the partial support, why else would they ask, but now I am reading different in the forums here on VJ.

I am reading that it is the adjusted income that is used. If gross income is used I fall about $100 short of the 125% requirement, I wouldn't fall short here if TSC wasn't so slow because I would fall under last years guidelines, and if adjusted income is used I'm about $3100 short.

Questions I have:

1. Do they use the adjusted income or gross income to determine eligibility? Gross. If you are employed, then how much you make per hour multiplied by hours per week and then the weekly total multiplied by 52 weeks will give you your current annual gross income. List that and provide letter from employer and/or recent pay stubs to prove your income amount. If self-employed, then use line 22, Total Income from your most recent 1040.

2. Do they take into consideration partial support (I know there is no such thing as a 1/2 of person, but there is such a thing as paying 1/2 of a persons support). All minor children are counted in your household size, no matter where they live and who claims them on their taxes. However, the CO can use their sole discrestion and lots of leeway when dealing with the I-134. That will not be the case when you need the I-864 in a short time after marriage and filing for AOS.

3. I have read on some older posts that the 125% requirement doesn't come into play until the AOS stage, is that true? Will depend on the CO and the usual procedures of the consualte. Many of them follow the guidelines for the I-864 even with the I-134 because the K-1 is handled through the immigration visa unit of the consulate as a special type of non-immigrant visa, in that it has immigrant intent. They know you are going to be staying in the US and will need the I-864 soon.

4. I own a house, I don't see anything in the I-134 instructions that states that I need to provide documentation for Assets:

a. Do I have to provide documentation such as an appraisal at the interview stage or does that come later at the AOS stage?

b. By using an asset, such as a house, what is actually determined? Are they just looking to see if the equity of the home makes up the difference of the lack of income, in my case $100 or $3100?

If you list assets, then you will need to provide documentation of its net value. You can provide an appraisal and proof of ownership and any liens that may still be active on the property. That will give the net value. The I-134 instructions are very vague. The I-134 was not created for immigrant intent purposes. Another reason a lot of consulates follow the I-864 guidelines. Assets would most likely be counted at 3 times the amount you are short on income for a spouse/fiance(e).

5. Since I put her daughter on the K1 application do I have to meet the requirements for both my fiance and her daughter at the time of the interview if the daughter is to follow at a later time? You still have to list children that will be following to join where it asks on the I-134 > 'Name of spouse and children accompanying or following to join person:'

Edited March 9, 2015 by KayDeeCee

[coniefl 28]

KayDeeCee, Thank you for answering all of my questions.

[KayDeeCee 4,891]

You are welcome.