I-134 Affidavite of support

[david_dawei]

This is also the greatest rumor on VJ.. that I-134 is considered the same as the I-864 in terms of poverty level...

 

The I-134 does not need 125% coverage.. that is for I-864.

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

 

Should K-1 fiance(e) visa applicants use the I-864 or the I-134?

 

Since fiance(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to BCIS when they adjust status to conditional immigrant in the United States after they are married.

 

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

 

No. The 125 percent minimum income requirement, the need for the last three years income tax returns and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

 

---

 

You can read 9FAM, the OF-167, and the FAQ above.. The bank statements are for 'resources' outside of current income, which are substantiated by your employment letter, taxes and W2.

 

If you have no other resources to claim, there is no need for bank statement to prove other resources...

[LeeFisher3]

Not to throw a wet blanket on anyones ideas, but it is extremely important to keep things simple, you are dealing with government employees who like easy.

 

If you make things too complicated it only creates more questions that can be asked or they may not wish to be bothered digging through a 132 page financial package and just request you provide evidence at the overcome window so someone else can deal with it.

 

If your income meets the requirements then supply your employment letter and tax return alone. Otherwise add only what is required to meet the requirements.

 

From the I-134 Instructions:

 

II. Supporting Evidence.

 

As the sponsor, you must show you have sufficient income

and/or financial resources to assure that the alien you are

sponsoring will not become a public charge while in the

United States.

 

...

 

The sponsor must submit in duplicate evidence of income

and resources, as appropriate:

 

 

You might remember one of our members recently provided overcome evidence and was denied, then with a bit of assistance the pile was weeded down to something the VO would review and only that which answered their questions and the visa was approved.

 

I agree it is important to provide for their questions, but in a 5 minute interview the VO wants to see what they can easily review that will allow them to check off on the visa. Prepare for closing a real important sale, not a supreme court case.

Edited August 26, 2005 by LeeFisher3 (see edit history)

[lomeru]

I know this is probably an easy one, but I really wanted to make sure before writing-off the need for a co-sponsor:

 

Let's say I made around $16,000 in 2007, but I have 10,000 in the bank. That would be enough, right?

 

assuming a 17,600 125% poverty line:

16,000 income

2,000 X 5 years

18,000 for affidavit purposes?

 

Thanks a lot!

[MikeandRong]

I know this is probably an easy one, but I really wanted to make sure before writing-off the need for a co-sponsor:

 

Let's say I made around $16,000 in 2007, but I have 10,000 in the bank. That would be enough, right?

 

assuming a 17,600 125% poverty line:

16,000 income

2,000 X 5 years

18,000 for affidavit purposes?

 

Thanks a lot!

 

I like your theory, but.....

 

Will the VO?

 

Best suggestion is to not write off the co-sponser in your case B) .

[MikeandRong]

Let's say I made around $16,000 in 2007, but I have 10,000 in the bank. That would be enough, right?

Thanks a lot!

 

Second thought.

 

You have only been back since August of 2007, maybe working for 5 months, making 16000 in that time.

 

NOA1 only in December 2007.

 

You are at CSC (long wait).

 

Quite possible you won't see an interview date until early 2009.

 

If you keep working what you are doing, you should have about 38400 for 2008 wages, based on what you have said so far.

 

That should be more than enough to satisify the VO for just the 2 of you.

Edited January 26, 2008 by MikeandRong (see edit history)

[lomeru]

Right, that's a good point, I'll just keep it simple so the VO doesn't have to go through piles of papers.

[lomeru]

I also forgot to ask do they use your Net or Gross income from the tax sheet? (I know this is probably answered somewhere, but I can't find it for the life of me)

[Shenzhen K-1]

I also forgot to ask do they use your Net or Gross income from the tax sheet? (I know this is probably answered somewhere, but I can't find it for the life of me)

 

The big number!!!!!!

[Randy W]

Right, that's a good point, I'll just keep it simple so the VO doesn't have to go through piles of papers.

 

I would think you would need a letter from your employer here, showing your date of hire and annual income.

[dnoblett]

I know this is probably an easy one, but I really wanted to make sure before writing-off the need for a co-sponsor:

 

Let's say I made around $16,000 in 2007, but I have 10,000 in the bank. That would be enough, right?

 

assuming a 17,600 125% poverty line:

16,000 income

2,000 X 5 years

18,000 for affidavit purposes?

 

Thanks a lot!

For Marriage based visas the factor is only 3 years not 5 years. This is the case because the immigrant could naturalize and become a citizen 3 years after getting the green-card if continuously married to a US Citizen.

 

I-864 page 9

29. Total Value of Assets.

 

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.

http://www.uscis.gov/files/form/I-864.pdf Edited January 26, 2008 by dnoblett (see edit history)