I-134 Query

[HiSarahJayne 2]

Just a quick question,

We've recently received our NOA2 and I'm beginning collating documents. We are planning on using my fiancé's parents as a cosponsor.

I was just wanting to confirm whether my fiancé will have to complete the form specifying his income/collect relevant docs, and then his mother/father would do the same and this would add up to the total of the 125%? Am I right in understanding this is how it works (both complete forms and both incomes are totalled).

Thankyou :)

[Russ&MaryAnn 110]

1 hour ago, HiSarahJayne said:

Just a quick question,

We've recently received our NOA2 and I'm beginning collating documents. We are planning on using my fiancé's parents as a cosponsor.

I was just wanting to confirm whether my fiancé will have to complete the form specifying his income/collect relevant docs, and then his mother/father would do the same and this would add up to the total of the 125%? Am I right in understanding this is how it works (both complete forms and both incomes are totalled).

Thankyou

No, the co sponsor would have to meet 125% on their own. And would need to add you as part of household in the calculations

[HiSarahJayne 2]

16 minutes ago, Russ&MaryAnn said:

No, the co sponsor would have to meet 125% on their own. And would need to add you as part of household in the calculations

And if the household is including myself, my fiancé, his mother and father and brother, all of which are over 21, working and independant, what amount would we be looking at or would it just remain the minimum? Also, would it just be his mother or father that fills the form (one or the other) and the income is based solely off their own individual wage as opposed to combined?

Edited October 4, 2019 by HiSarahJayne
missing items

[Russ&MaryAnn 110]

17 minutes ago, HiSarahJayne said:

And if the household is including myself, my fiancé, his mother and father and brother, all of which are over 21, working and independant, what amount would we be looking at or would it just remain the minimum? Also, would it just be his mother or father that fills the form (one or the other) and the income is based solely off their own individual wage as opposed to combined?

Oh if you’re all residing in the same house then I believe you can combine income and count each person living there. I’m don’t know if they could be a co sponsor in this situation. I’m sure others more knowledgeable will answer your question better.

[DesiJase 52]

On 10/4/2019 at 6:13 AM, Russ&MaryAnn said:

Oh if you’re all residing in the same house then I believe you can combine income and count each person living there. I’m don’t know if they could be a co sponsor in this situation. I’m sure others more knowledgeable will answer your question better.

I think they would be considered "joint" sponsor, there's co-sponsor's that make the income requirements on their own and then joint sponsor that includes their income with yours. I'm just not sure if you can have a joint sponsor at the K-1 process or if it's only at AOS time. 

[Wuozopo 4,285]

All of this speculation is coming from the rules of the I-864 Affidavit of Support, which spouse visas require and which K1s submit when they apply for their greencard. (Adjustment of Status). By the rules of that, two related people who live in the same house can pool their income into "household income" to qualify. The K1s new spouse does the I-864 and another relative in the home does an I-864A.

 

For K1 visa and I-134, there is no prevision written into the law that describes sharing the duty and pooling incomes.. In London they have generally wanted one sponsor who makes enough on their own. It does not have to be the fiancé.  The law states the officer has to be convinced the immigrant will not become a public charge. So convince him. Maybe they will let two people who don't qualify alone join up. And maybe they will just see it as two poor people trying to take on a third and be concerned. There are no hard fast rules for the I-134.

[Just Paul 4,591]

On 10/4/2019 at 1:50 AM, HiSarahJayne said:

Just a quick question,

We've recently received our NOA2 and I'm beginning collating documents. We are planning on using my fiancé's parents as a cosponsor.

I was just wanting to confirm whether my fiancé will have to complete the form specifying his income/collect relevant docs, and then his mother/father would do the same and this would add up to the total of the 125%? Am I right in understanding this is how it works (both complete forms and both incomes are totalled).

Thankyou

K1 - The petition is required to file an I-134. 100% of FPL in I-864P.   If the petitioner does not meet that, then an additional party can CO Sponsor and has to meet the same guidelines with the beneficiary added.

 

For AOS, the percentage is 125% and additional family members can be added with the I-864A.  

 

There are consulates that don't normally even look at the I-134s.  I presume you are not at one of those.