questions on Affidavit of support I-134

[Little_Vixen 1,869]

We have our paperwork for the I-129F K1 petition all compiled ready to sign and send when I get to the states during the holidays. We like to be prepared so we started looking through the paperwork we will need at the embassy and we have a few questions:

 

What counts as income?

My bf works almost as much overtime as he works regular hours. Has so for years. His gross annual pay without overtime is enough to cover the 125% poverty guidelines even if all four of his kids would still be living at home (2 have moved out, but you know, kids...). Do I just write down his basic pay, or put down what he made last year (about 150% of his basic pay).

Also, the two (underaged) kids that live at home have jobs. Do we need to figure those in somehow?

 

Do we need to attach copies of his tax returns. On the form it says to attach them if you're self employed, but I see others add them anyway. If yes, how many years? Is it a problem his ex wife is on those tax returns.

 

Do we need to list any personal property if his income is above the poverty guidelines? If yes, how much? He does not own many high priced items (over $500) except for his truck and his house. I read somewhere you only have to list items that are of value (what's considered value) and that are easily liquidated (easily sold). His truck is his primary vehicle to get to work, and he lives in his house. Neither are easily liquidated.

Related to that, the form asks for an evaluation of the real estate. Evaluating real estate can be pricey. He has just had an evaluation done last summer. Will that suffice? The evaluation will be well over a year old by the time I get to the interview.

 

Do we need to list all his bonds if his income is above the poverty guidelines?  Technically the bonds are his kids', but since they are underage he is the legal owner of the bonds. Do we still need to list them? If yes, do we need to list all of them, even the ones with little value (<$50)? The bonds are government issued, so if they do a search on any bonds he owns they will show up (not sure if it matters, just listing the information). How recent does the evaluation need to be? He has over 50 so it will take a while to have them evaluated. If he gets them done now the evaluation might be over 6 months old by the time I get to the interview.

 

The form (instructions) asks for a statement from his employer on how long he has worked there, his salary paid, and whether his position is temporary or permanent. He has worked for the same company for over 15 years, if I'm not mistaken, and has worked there as a union rep. He expressed his concerns on whether or not the company is willing to give such a statement. I understand most companies are hesitant to give out documents where people can possibly lay a legal claim on. What should we do if the company refuses to give out such a statement?

He has tax returns of all the years he has worked there, so if worst came to worst he could prove his employment that way.

 

I'm sorry for the long list. I just want to make sure I got everything right.

 

 

[kris&me 572]

only needs 100% if K1 / will need 124% for AOS

[Little_Vixen 1,869]

47 minutes ago, kris&me said:

only needs 100% if K1 / will need 124% for AOS

I know, but the AOS will follow shortly anyway so I already checked the 125%. Sorry for the confusion.

Like I said. I like being prepared

[TNJ17 1,329]

I’m starting to gather these now since my interview is soon and we are submitting proof of employment ( his military orders and contract saying he is employed), tax returns and w2s from as far back as 3 years. That’s it. We might get some bonds he has in his name and the deeds of both cars but everyone who’s gone through the interview process says it’s not necessary. But it’s better to be safe than sorry. 

 

 I don’t know about the kids in your situation, because he needs to prove that he can support you plus everyone who is financially dependent upon him. 

[Little_Vixen 1,869]

1 minute ago, TNJ17 said:

I’m starting to gather these now since my interview is soon and we are submitting proof of employment ( his military orders and contract saying he is employed), tax returns and w2s from as far back as 3 years. That’s it. We might get some bonds he has in his name and the deeds of both cars but everyone who’s gone through the interview process says it’s not necessary. But it’s better to be safe than sorry. 

 

 I don’t know about the kids in your situation, because he needs to prove that he can support you plus everyone who is financially dependent upon him. 

Thank you. I also feel better safe than sorry. I'm a paper tiger wrestler in daily life (archivist and floor manager at the city's archives) so I am very meticulous when it comes to paperwork. He is very structured and precise. So maybe the both of us are a little ocd in this, lol.

 

Adding his contract might be a good idea too. Thank you for the idea!

 

As far as the kids go. The poverty guidelines give guidelines for different number of people in the household. I calculated with all the kids plus the two of us in case both the older kids need to move back in. Again, better safe than sorry. He meets those criteria easily.

[TNJ17 1,329]

8 minutes ago, Little_Vixen said:

Thank you. I also feel better safe than sorry. I'm a paper tiger wrestler in daily life (archivist and floor manager at the city's archives) so I am very meticulous when it comes to paperwork. He is very structured and precise. So maybe the both of us are a little ocd in this, lol.

 

Adding his contract might be a good idea too. Thank you for the idea!

 

As far as the kids go. The poverty guidelines give guidelines for different number of people in the household. I calculated with all the kids plus the two of us in case both the older kids need to move back in. Again, better safe than sorry. He meets those criteria easily.

You should be good then. Good luck. 

[Will_and_Tu 46]

2 hours ago, Little_Vixen said:

 

 

What counts as income?

My bf works almost as much overtime as he works regular hours. Has so for years. His gross annual pay without overtime is enough to cover the 125% poverty guidelines even if all four of his kids would still be living at home (2 have moved out, but you know, kids...). Do I just write down his basic pay, or put down what he made last year (about 150% of his basic pay).

 

 

 

All income counts as income. Don't discount his overtime if it's a regular facet of his life, and if the tax records substantiate that the base+overtime is his actual gross each year.

[N-o-l-a 7,167]

What you are looking for is his extrapolated income.  So take an average recent paycheck (overtime included if it is normal) and expand that to cover the year's estimate earnings.  You'll need to include some recent paychecks and his work contract or letter from the employer stating his employment status and pay.

 

You should not include assets if the income is over the required line.  If you are close, you might consider having them evaluated close to the date of the interview so you can present it if you get a 221G.  Personally, I think it would be unethical to use the children's assets in any way as part of sponsoring.  Do not provide the government with more information than requested, it really can only hurt you.

 

You only need to include the children's incomes and W2s if they are sharing a tax return with their father.  Doesn't matter if the kids have moved out, the requirement is based on age/marital status of the children.

 

You'll need the tax returns( and all W2s, 1099s, and/or schedules) or tax transcripts.  If the ex-wife is on any of the past 3 years worth, you will need to provide proof of his income for those years in addition to the tax transcript or just do the returns with the aforementioned attachments.

Edited November 29, 2017 by N-o-l-a

[N-o-l-a 7,167]

You might find reading the I-864 instructions closely helpful, but in any case, this will apply to the number of children:

 

Quote

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

 

[Little_Vixen 1,869]

3 hours ago, N-o-l-a said:

What you are looking for is his extrapolated income.  So take an average recent paycheck (overtime included if it is normal) and expand that to cover the year's estimate earnings.  You'll need to include some recent paychecks and his work contract or letter from the employer stating his employment status and pay.

 

You should not include assets if the income is over the required line.  If you are close, you might consider having them evaluated close to the date of the interview so you can present it if you get a 221G.  Personally, I think it would be unethical to use the children's assets in any way as part of sponsoring.  Do not provide the government with more information than requested, it really can only hurt you.

 

You only need to include the children's incomes and W2s if they are sharing a tax return with their father.  Doesn't matter if the kids have moved out, the requirement is based on age/marital status of the children.

 

You'll need the tax returns( and all W2s, 1099s, and/or schedules) or tax transcripts.  If the ex-wife is on any of the past 3 years worth, you will need to provide proof of his income for those years in addition to the tax transcript or just do the returns with the aforementioned attachments.

3 hours ago, N-o-l-a said:

You might find reading the I-864 instructions closely helpful, but in any case, this will apply to the number of children:

 

 

Thank you N-o-l-a! That was very helpful.

He is not close to the poverty line at all so I understand we don't need to list any assets. I really didn't want to list the kids assets and paycheck cause I agree with you on it being unethical. I was only worried that we might get in trouble for not listing them since they are in the same household.

I don't know if they share a tax return. I'll have to ask him.

 

18 hours ago, Will_and_Tu said:

All income counts as income. Don't discount his overtime if it's a regular facet of his life, and if the tax records substantiate that the base+overtime is his actual gross each year.

I'm sure his overtime is on his tax records. So that would make it his annual gross income. Thank you.