Jump to content

Ja&Jo

Members
  • Posts

    68
  • Joined

  • Last visited

Posts posted by Ja&Jo

  1. Hey there,

    I'm just looking at the I-134 form.

    Here is my situation. My US fiance is currently unemployed because he has been caretaking for his mother.

    His income for 2012 and 2013 is 0, but he has received monetary gifts from her. For Question 7. on the http://www.uscis.gov/files/form/i-134.pdf do I add the monetary gifts in 'deposits in savings banks in United states" and should we get a letter from his mother starting that she gifts him money in lieu of caretaking?

    Also, we are relying on his IRA assets that can be liquidated into cash. Where do I put the amount of his Assets for Question 7. on the I-134 form?

    Can we print out the assets statements online (it will have his name and amount) or do we need LETTERS from the banks and investment company?

    Thanks

  2. I was in the same situation. Overstayed for 8 months (that is on top of my 6 months), so I was in the states for 14 months. I got a 3 year ban.
    I needed to get a i-192 waiver of inadmissibility first. After 7 months of waiting for the waiver I enter the states, still having to prove STRONG ties to canada. Rental agreement, letters from employers, visa/bank statements. This is when I received the I-94 card. I've been in the states 3 times now since getting my waiver and they always give me a I-94, and usually for a couple of months. They will not grant me the regular 6 month visitor visa like most other canadians get.

    After I got my waiver my fiance applied for the K1 visa. In the initial application, we included my waiver and a letter from me apologizing for my overstay. It is best to tell them everything in the beginning. Our application was approved and now we are waiting for the interview.

    From my experience I've had different CBP officers tell me different things. I would advise you seeking advice from a lawyer. I used http://www.usborderlaw.com/attorneys.html

    It is a long and expensive process. It has been a year since I filled for the I-192 waiver, but I'm expecting my K-1 interview in a couple of months.

    Another thing you can do is apply for the I-192 waiver, get married, and then apply for the K3 visa.

    hope this helps!

  3. We just got our NOA2 and I'm starting to gather the documents for the interview.


    I'm concerned about the I-134 affidavit of support form. We do not have anyone to be a co-sponsor.


    For the past two years my fiance's income has been under the poverty level. This year he has been unemployed, but caretaking his mother who has cancer. She has been giving him monetary gifts throughout 2013 with value of $40,000.


    He has ~$322,000 in retirement funds (10% penalty when taken out before 60yrs of age)

    ~ $ 213,000 in non-retirement

    ~ $ 50, 000 in regular saving account


    I'm wondering if this will be sufficient for the interview, as he is not currently employed and will not be employed at the time of the interview (december).


    Also, not sure how to fill out the form with all of separate savings and the monetary gifts from his mom.


    Any advice is greatly appreciated, as i'm wondering if we did the right thing in applying for a K1.


    Thanks


  4. Thanks for your help.

    It looks like my fiance and get his assets converted to cash in a few weeks. He will lose a little money on his assets ( he's not sure how much) and he will have to pay taxes.

    From the I-864 instruction "Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value." So, I'm not sure if his assets will be of use if he will lose a little money on them? Does anyone have suggestions.

    We can't find a co-sponser, so we are a little stuck right now. We did just receive our NOA2!

  5. The net cash value of the assets is what will be used. Assets need to be able to be converted to cash within a year. I am not sure what you mean by only part of the value can be applied. They show proof of ownership of the assets and proof of value. That amount is used at 3 or 5 times depending on the consulate/CO to make up for the shortcoming in the USC petitioner's income, since they are only working part time. Even if the net cash value makes it a little lower, it is still a large amount. Using assets alone at 5 times is only $96,935.

    The I-864 instructions give details on assets> "Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value."

    All that being said, I think it is a good idea to have a co-sponsor lined up anyway. Not because the assets are not enough, but because the work/income history is shaky and you never know how the CO will see it and what decision they will make on it.

  6. Thanks Jay-Kay,

    From your reply, I'm feeling that we don't need to get a joint-sponsor. The one concern is that he made very little money last year because he was caretaking his mother and she paid for everything. He doesn't have any proof of this besides a letter from his mom. Do you think this will throw up a red-flag? Then the 3 years prior his income was under the poverty line. So, we would be relying solely on his assets.

  7. My Fiance (petitioner) for the K1 visa has income under the poverty level for the past 4 years. Due to part-time work, taking a leave of absence for a year, and caretaking his mother for this past year.


    He does have over 300,000 dollars in assests. He lives with his mother and owns a car. I am wondering if he can still qualify as my sponser or do we need to get a co-sponser. We both live really simply and together could live on $20,000 per year



    Thanks for your help!


×
×
  • Create New...