We are poor, and we are worried about I-134

[Wagoneer 4]

Just received approval on our I-129f application, yay~ 

*5 minutes later*

 

We are very anxious about filing out form I-134, the affidavit of financial support.

 

Helen the U.S. petitioner makes enough to meet the 100%-property-line benchmark for the two of us. However, she is also the head of household at home who’s been supporting her parents who are both disabled and mostly unemployed. And her income will not be enough if all her families are considered as her dependents. 

 

And here’s tricky part number one: we are obviously planning on moving out together, just the two of us, once I (the beneficiary) arrive in the U.S. 

Should she put me as her only dependent on form I-134?

 

Here’s tricky question number two, we plan on scheduling for an interview as early as this coming February/ March , since by then we would be able to collect the necessary tax-related income proofs such as IRS transcript. When she’s filing for this year’s taxes, should she file as “single” instead of “head of household” to be consistent with our situation? Doing this will set her back thousands of dollars in tax return, a significant amount for her and her family. 

 

Sorry for the lengthy questions, both of us are very hard workers and we are determined to make the best out of our situation during this whole K-1 process.  Seeing her taking on extra shifts, and in her eyes the stress from uncertainty, I knew I needed to do my best to help her navigating through all this.  

 

Thanks in advance 

Lee

[Boiler 45,659]

What will you do about the I 864?

[Wagoneer 4]

2 minutes ago, Boiler said:

What will you do about the I 864?

For I-186, by then it will be just the two of us living in some apartment, and her income suffices the 125% benchmark for a household of two people. So we are less worried about I-186.

[SalishSea 17,928]

2 hours ago, Wagoneer said:

For I-186, by then it will be just the two of us living in some apartment, and her income suffices the 125% benchmark for a household of two people. So we are less worried about I-186.

How will her dependents have changed by then?   
 

Why are you doing a K-1?   If money is an issue, it would have been much smarter to do a CR-1 so that you would have a green card when arriving.   With a K-1, you may not be able to work for up to a year.

[Wagoneer 4]

6 hours ago, SalishSea said:

How will her dependents have changed by then?   
 

Why are you doing a K-1?   If money is an issue, it would have been much smarter to do a CR-1 so that you would have a green card when arriving.   With a K-1, you may not be able to work for up to a year.

Once she moves out their parents will receive more in government assistance and she will no longer be paying bills for them. Supporting a household of two would be the actual situation and we’re just stressing over how we can communicate that with the embassy documents wise. I have some savings as well and are planning on applying for work permit as soon as I can. 

[apnzz 262]

6 hours ago, Wagoneer said:

Once she moves out their parents will receive more in government assistance and she will no longer be paying bills for them. Supporting a household of two would be the actual situation and we’re just stressing over how we can communicate that with the embassy documents wise. I have some savings as well and are planning on applying for work permit as soon as I can. 

Okay but until then this is a financial issue in terms of the i-134 - when is she moving out? 

 

if she isn't moving out until after you'd hypothetically get there then you'd have to include her current income and situation (so basically she won't have enough for the household size in question) on the i-134 otherwise the information isn't true aka you'd be lying.

 

Look at using a co-sponsor.

 

So the answer to your question 

15 hours ago, Wagoneer said:

Should she put me as her only dependent on form I-134?

Well no?

 

You're not her only dependent. Until she's moved out, by herself in her apartment, isn't paying other family members' bills or anything, they are also her dependents; and if that doesn't happen until after you move there (using the visa), then any other situation you put on the i-134 would be lying? So until that happens, you need to look at alternatives; a co sponsor.

 

6 hours ago, Wagoneer said:

planning on applying for work permit as soon as I can. 

This is several months, potentially longer away - after you arrive, after marriage, after filing the documents, and potentially several months wait (no guarantee it'll be fast, could be up to 6 months). So realistically you having EAD is still a decent time away; that is why the US citizen is supposed to be financially responsible for you and must show that via having the income to do so accordingly. 

 

A lot of things for you to think about here. This should've been something you considered before applying for the k1; cr1 would've been a better option in terms of this situation. 

[Wagoneer 4]

1 hour ago, apnzz said:

Okay but until then this is a financial issue in terms of the i-134 - when is she moving out? 

 

if she isn't moving out until after you'd hypothetically get there then you'd have to include her current income and situation (so basically she won't have enough for the household size in question) on the i-134 otherwise the information isn't true aka you'd be lying.

 

Look at using a co-sponsor.

 

So the answer to your question 

Well no?

 

You're not her only dependent. Until she's moved out, by herself in her apartment, isn't paying other family members' bills or anything, they are also her dependents; and if that doesn't happen until after you move there (using the visa), then any other situation you put on the i-134 would be lying? So until that happens, you need to look at alternatives; a co sponsor.

 

This is several months, potentially longer away - after you arrive, after marriage, after filing the documents, and potentially several months wait (no guarantee it'll be fast, could be up to 6 months). So realistically you having EAD is still a decent time away; that is why the US citizen is supposed to be financially responsible for you and must show that via having the income to do so accordingly. 

 

A lot of things for you to think about here. This should've been something you considered before applying for the k1; cr1 would've been a better option in terms of this situation. 

Mhm, I see.  Thanks for your input.  I still don’t think it’s fair that documents do not reflect the true nature of “two of us in an apartment” but oh well.  I guess we’ll figure some thing out.  
 

And for y’all who suggested we “should have chosen CR-1”   You do not know our whole situation and K-1 was and still is our best way of moving forward. We were aware of I-134 from the very beginning but we didn’t realize the trouble we would run into when it comes to document proofs 

[apnzz 262]

53 minutes ago, Wagoneer said:

Mhm, I see.  Thanks for your input.  I still don’t think it’s fair that documents do not reflect the true nature of “two of us in an apartment” but oh well.  I guess we’ll figure some thing out.  
 

And for y’all who suggested we “should have chosen CR-1”   You do not know our whole situation and K-1 was and still is our best way of moving forward. We were aware of I-134 from the very beginning but we didn’t realize the trouble we would run into when it comes to document proofs 

 

What do you mean by "I still don't think it's fair that documents do not reflect the true nature of "two of us in an apartment".. Well - until she has no dependents and is in an apartment by herself then the documents are showing the true nature of things? - (she has to include any dependents and the appropriate required income according to household size and that is the reality of your situation currently) That's what evidence and proof is.. 

 

It is completely fair. Documents show what the facts are and what the current state of finances are. Financial and other documents won't show what the hypothetical future is or what plans are, people lie, people deceive, facts and evidence do not, that is why it is a requirement.

 

Until your fiancés financial situation changes and she doesn't have dependents etc then you have to tell the truth and fill the i-134 out accurately to show that. 

 

Imagine the chaos etc if everyone could get away with "ok well right now we cant afford it/meet that requirement right now but in the near future we will so" lol. There's no way for the embassy to even know you aren't lying just to get through the process. 

 

There's a reason why the i-134 is there and you have to show the USC can financially support the beneficiary and prove that using the appropriate and required evidence and that information has to be accurate and true at the time of filling out the i-134 and the interview, it can't just be "ok it's gonna be true after we move out" or "it'll be true in the next XX months". Not everyone is honest and truthful and one of the responsibilities of the embassy and this process is to ensure the applicants meet the requirements.

 

Hope you figure it out because seems a bit unprepared or perhaps lack of research.

 

All the best & Good luck!

Edited September 19 by apnzz

[belinda63 3,039]

The I-134 has to reflect the petitioner's current situation. She can always use a co-sponsor to assist with showing the needed income. 

Once you arrive and the two of you secure living quarters together without the parents you can reflect that on the I-864 which will be filed with the adjustment of status. When you file to adjust status, after you are married, you can also apply for a work permit. It is a roll of the dice as to how long it will take to receive the employment authorization, maybe a few months after filing maybe 8 months after filing. Until you have the employment authorization in hand you will not be allowed to work.

[Wagoneer 4]

5 minutes ago, belinda63 said:

The I-134 has to reflect the petitioner's current situation. She can always use a co-sponsor to assist with showing the needed income. 

Once you arrive and the two of you secure living quarters together without the parents you can reflect that on the I-864 which will be filed with the adjustment of status. When you file to adjust status, after you are married, you can also apply for a work permit. It is a roll of the dice as to how long it will take to receive the employment authorization, maybe a few months after filing maybe 8 months after filing. Until you have the employment authorization in hand you will not be allowed to work.

I see.   Thank you! Yeah I guess I wasn’t thinking straight about the whole dependents thing.    I guess... moving out early it is 🏠 

[Crazy Cat 41,980]

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Edited September 19 by Crazy Cat