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K1, I-134, Affidavit of Support

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Filed: K-1 Visa Country: China
Timeline

Hello All,

My fiancee and I are doing my K-1 visa, and we just sent the RFE, waiting for the P2 approval from USCIS. :D I'm preparing to fill out I-134 Affidavit of Support form right now, but I have a few question about I-134, hope someone can give me some advices. Thank y'all.

 

1) I'm a self-employee, own a family restaurant, both my parents work for me. My personal annual tax report is $14400. According to POVERTY GUIDELINES FOR 2018, in order to be sponsor, I have to reach $16460.  I have more than 40K deposits in the bank,  also have assets,  Should I find joint sponsor(s)?

 

2) My parents has joint income tax return, which they file the income tax together, and their total income are more than 125% poverty guidelines, my mom still working in the restaurant, which the business is  under my name. My dad doesn't work anymore, but he has 2017 income tax report & W2.

    a.)If my parents help me to do the joint sponsor, can I separate my mom from the joint income tax?  because my dad is not longer file the tax after 2017.

    b.)Do they require to get the proof of assets,

    c.)Do they need get the statements from the bank?

 

Or what's the best way to do it?    

 

Sincerely,

 

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* Moved from Progress Reports to P&P *

 

  1. I would suggest having one given your circumstances.
  2. This has a few components:
    1. One parent can file an I-134 as a co sponsor for the visa. Note their household size will be at least 3 - themself, their spouse, and the person being sponsored. This dictates the minimum income level to qualify (https://www.uscis.gov/i-864p).
      1. They would provide the tax return + a copy of their W-2(s) as evidence of income (Edit: Plus paystubs!).
      2. When you get to AOS (after entering on the K-1 and marrying), you will need to complete an I-864. One parent would file an I-864 and the other file an I-864A. This should occur even if only one parent has income.
    2. The CO makes a public charge decision based on the totality of the circumstances, not just minimums.
    3. The father's income is $0 (unless he has another income source besides work). What he made last year doesn't matter if he's currently unemployed.
    4. Assets are optional if income is sufficient. Due to item #2 above, this is a judgement call if assets being listed is beneficial or not.
    5. If using bank accounts as assets (which is counted at a 1/5th ratio...meaning $5 assets = $1 income), generally they should provide either a letter from the bank or bank statements for the past 12 months. The CO wants to make sure the assets aren't just some loan or money from a family member or friend deposited just to get the visa and then have it returned.
Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: China
Timeline
3 hours ago, geowrian said:

* Moved from Progress Reports to P&P *

 

  1. I would suggest having one given your circumstances.
  2. This has a few components:
    1. One parent can file an I-134 as a co sponsor for the visa. Note their household size will be at least 3 - themself, their spouse, and the person being sponsored. This dictates the minimum income level to qualify (https://www.uscis.gov/i-864p).
      1. They would provide the tax return + a copy of their W-2(s) as evidence of income.
      2. When you get to AOS (after entering on the K-1 and marrying), you will need to complete an I-864. One parent would file an I-864 and the other file an I-864A. This should occur even if only one parent has income.
    2. The CO makes a public charge decision based on the totality of the circumstances, not just minimums.
    3. The father's income is $0 (unless he has another income source besides work). What he made last year doesn't matter if he's currently unemployed.
    4. Assets are optional if income is sufficient. Due to item #2 above, this is a judgement call if assets being listed is beneficial or not.
    5. If using bank accounts as assets (which is counted at a 1/5th ratio...meaning $5 assets = $1 income), generally they should provide either a letter from the bank or bank statements for the past 12 months. The CO wants to make sure the assets aren't just some loan or money from a family member or friend deposited just to get the visa and then have it returned.

Thank you for the reply and help, 

     1. My bank accounts deposits are all directly from my restaurant daily credit card transactions. They are fixed daily deposit,  not loan or money from my family member.  Is this will be more helpful to me to be the sponsor without any co sponsor?

     2. How should my mom fill out the I-134 if she's the only co sponsor? They claim their income tax  as married filling jointly.

 

Sincerely yours,

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Filed: K-1 Visa Country: China
Timeline

Sorry,  I forgot that I have one more question to ask you.  Here is the questions after I edited.

 

     1. My bank accounts deposits are all directly from my restaurant daily credit card transactions. They are fixed daily deposit,  not loan or money from my family member.  Is this will be more helpful to me to be the sponsor without any co sponsor?

     2. I have real estate asset, which require the proof of asset. If I choose co sponsor to finish I-134,  are both my mom and I still need fill out the asset questions in the I-134 form and provide the proof of it?  or just leave those questions for blank?

     3. How should my mom fill out the I-134 if she's the only co sponsor? They claim their income tax  as married filling jointly.

Sincerely yours,

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