questions about I-134

[Alex&Kim 6]

Hi! I am having a difficult financial situation at the moment and hope someone can help me on that. 

 

I graduated with a  Master's degree from one of the top-tier universities in 2017. I had a well-payed job (92K) in 2018 (I filed my tax). However, I was laid off in Nov 2018 and have been actively looking for jobs but no luck so far. The value of savings and investments I own is about 33K in total.....I am thinking about using my father as a joint sponsor but he's earning 40K and supporting my mother who's unemployed at the same time. Has anyone been through similar situations before? 

 

How should I better prepare the interview materials? Should I write a statement to explain my current financial situation and my potential of getting a good job? 

 

I am nervous.  How difficult can CO be with my situation? Is my situation a red flag that would greatly impact the approval decision? ......Any comments are greatly appreciated. 

 

[SalishSea 16,772]

5 minutes ago, Alex&Kim said:

Hi! I am having a difficult financial situation at the moment and hope someone can help me on that. 

 

I graduated with a  Master's degree from one of the top-tier universities in 2017. I had a well-payed job (92K) in 2018 (I filed my tax). However, I was laid off in Nov 2018 and have been actively looking for jobs but no luck so far. The value of savings and investments I own is about 33K in total.....I am thinking about using my father as a joint sponsor but he's earning 40K and supporting my mother who's unemployed at the same time. Has anyone been through similar situations before? 

 

How should I better prepare the interview materials? Should I write a statement to explain my current financial situation and my potential of getting a good job? 

 

I am nervous.  How difficult can CO be with my situation? Is my situation a red flag that would greatly impact the approval decision? ......Any comments are greatly appreciated. 

 

What embassy?  And is it for a K-1? 

 

It will not help to explain hypothetical or potential earnings.  They care about actual, current earnings. 

 

If your father qualifies per the FPL/household size chart, you could use him as a co-sponsor, but you will be the primary sponsor.

 

If it were me, and knowing how expensive immigration is, I would hold off and file after finding a job.

[Alex&Kim 6]

1 minute ago, Jorgedig said:

What embassy?  And is it for a K-1? 

 

It will not help to explain hypothetical or potential earnings.  They care about actual, current earnings. 

 

If your father qualifies per the FPL/household size chart, you could use him as a co-sponsor, but you will be the primary sponsor.

 

If it were me, and knowing how expensive immigration is, I would hold off and file after finding a job.

Thank you for replying. It is a K1 visa for embassy in China

[usmsbow 795]

2 minutes ago, Jorgedig said:

What embassy?  And is it for a K-1? 

 

It will not help to explain hypothetical or potential earnings.  They care about actual, current earnings. 

 

If your father qualifies per the FPL/household size chart, you could use him as a co-sponsor, but you will be the primary sponsor.

 

If it were me, and knowing how expensive immigration is, I would hold off and file after finding a job.

 

According to the timeline, it is for a K-1, and the petition is now with the consulate in China. Sounds like he'll need a co-sponsor. 

 

Edited to add: why not get a temp job at least? It's better than nothing, and if you're in CA, odds are the pay may be high enough for the I-134 documentation (2018 return plus recent pay stubs from a temp gig). 

Edited April 25, 2019 by usmsbow

[Alex&Kim 6]

1 minute ago, usmsbow said:

 

According to the timeline, it is for a K-1, and the petition is now with the consulate in China. Sounds like he'll need a co-sponsor. 

Right.....I am thinking about having my father as the co-sponsor. He's earning 40K per year and supporting my mother who's unemployed. Would that be enough to be a co-sponsor?

[visafrompa 9]

On 4/25/2019 at 7:13 PM, Jorgedig said:

What embassy?  And is it for a K-1? 

 

It will not help to explain hypothetical or potential earnings.  They care about actual, current earnings. 

 

 

You can qualify with liquid assets.  

 

If you cannot meet the minimum income requirements using your earned income, you have various options:

     You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your                household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference        (the amount left over).

 

There is no guidance on 'future earning' in any documents.  

 

These assets are NOT for the beneficiary, but for the gov't to sue you if the beneficiary takes public assistance (ie welfare).  Then the gov't will sue you to recoup the money paid to the beneficiary.  It's kind of rare, but it does happen.

[RandyW 149]

12 hours ago, visafrompa said:

 

You can qualify with liquid assets.  

 

If you cannot meet the minimum income requirements using your earned income, you have various options:

     You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your                household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference        (the amount left over).

 

There is no guidance on 'future earning' in any documents.  

 

These assets are NOT for the beneficiary, but for the gov't to sue you if the beneficiary takes public assistance (ie welfare).  Then the gov't will sue you to recoup the money paid to the beneficiary.  It's kind of rare, but it does happen.

 

 

That "guidance" is in the INA. The Visa Officers are REQUIRED BY LAW (the INA) to make a determination above and BEYOND the information submitted in the Affidavit of Support to the "totality of circumstances" regarding whether the intending immigrant might become a public charge in the U.S.

[visafrompa 9]

Can you please post a page or link to this?  I am curious about the exact language used, as how they are to 'divine' the economic outlook for any individual.  

 

 

 

 

[RandyW 149]

They don't "divine" - you are required to submit evidence to make your OWN case,

 

I've already mentioned the INA - here's a paper on the subject from the Immigrant Legal Resource Center - do your own research

Assessing the public charge ground of inadmissibility | may 2019

[RandyW 149]

"divining" a potential public charge - see https://fam.state.gov/fam/09fam/09fam030208.html

 

 

 

9 FAM 302.8 

(U) PUBLIC CHARGE - INA 212(A)(4)

Quote

When considering the likelihood of an applicant becoming a public charge, you must take into account the totality of the alien's circumstances at the time of visa application, including at a minimum, age, health, family status, assets, resources, financial status, education, and skills.

 

 

Quote

(U) Value of the Affidavit of Support: A properly filed, non-fraudulent Form I-864 in those cases where it is required, is a positive factor in the totality of the circumstances.  The applicant must still meet the INA 212(a)(4) requirements and satisfy the “totality of the circumstances” analysis, which requires the consideration of the factors listed in paragraph (1) above .

 

Edited July 2, 2019 by RandyW

[visafrompa 9]

18 hours ago, RandyW said:

They don't "divine" - you are required to submit evidence to make your OWN case,

 

I've already mentioned the INA - here's a paper on the subject from the Immigrant Legal Resource Center - do your own research

Assessing the public charge ground of inadmissibility | may 2019

 

This is not a USCIS document, and has nothing to do with an  IO.

 

9 FAM 302.8-2(B)(2)  (U) Determining “Totality of Circumstances”

 

Is what you want.  It stays what I already have... it can only look at current/past earning, NOT GUESS INTO THE FUTURE(well, one thing).  

 

3(b)iii clearly states that for K1s I-864 is not to be used.

 

3(b)  (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(iii)    (U) Fiancé(e)s (K-1s or K-3s).

 

Para 3(c) states the process to evaluate public charge

 

"the submission of Form I-134 alone is not sufficient to establish that the beneficiary is not likely to become a public charge.  You must make a thorough evaluation of other factors, such as:"

 

< insert list of CURRENT/HISTORICAL assets/documents >

 

There is only ONE forward looking conditional assessment:

 

(e)(3)  (U) Even if a job offer is not required for the visa classification, you should assess the likelihood of the alien's ability to become or remain self-sufficient in the United States.  (See paragraph f below.)  You may consider employment plans or tentative job offers as evidence towards the totality of the circumstances for non-Employment based applicants.

 

THAT'S IT.  

 

There are people, even here on VJ that get by with the bare minimum income/asset requirements.  So honestly, unless the IO really has it out for you, or your circumstances are just so obviously bad I don't see a lot of ppl getting denied over public charge reasons.

Edited July 3, 2019 by visafrompa