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I-134 Affidavit of Support for K-1


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I understand that the point of I-134 is for the government to make sure your fiance(e) is not going to be a "public charge" or financial burden to society. They want to make sure the sponsor's income and/or assets total at least over 125% of poverty guideline.

 

So my question is: my current salary is way over 125% of poverty guideline. I can prove it with employment verification letter from my company and my pay stubs. Do I still need to list my assets like stocks and bond, bank accounts, etc?

 

By the way, this video was pretty helpful to me: http://www.youtube.com/watch?v=rgyk7TBqmOo. The most interesting thing I learned is for question number 11, you should check "do not intend to make specific contributions to the support of the person(s)....

 

The key word is "specific." Since you are sponsoring your fiance(e), you are going to make GENERAL (non-specific) contributions. "Specific" contribution means only items listed e.g. three months of rent at $1000/mo, 2 months of food at $300, 1 month of medical insurance at $500, etc. You are very specific about the time and monetary value of your contribution.

 

 

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No, assets are needed only if income falls below the 125% line.

 

When I did this I only listed income.

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I understand that the point of I-134 is for the government to make sure your fiance(e) is not going to be a "public charge" or financial burden to society. They want to make sure the sponsor's income and/or assets total at least over 125% of poverty guideline.

 

So my question is: my current salary is way over 125% of poverty guideline. I can prove it with employment verification letter from my company and my pay stubs. Do I still need to list my assets like stocks and bond, bank accounts, etc?

 

By the way, this video was pretty helpful to me: http://www.youtube.com/watch?v=rgyk7TBqmOo. The most interesting thing I learned is for question number 11, you should check "do not intend to make specific contributions to the support of the person(s)....

 

The key word is "specific." Since you are sponsoring your fiance(e), you are going to make GENERAL (non-specific) contributions. "Specific" contribution means only items listed e.g. three months of rent at $1000/mo, 2 months of food at $300, 1 month of medical insurance at $500, etc. You are very specific about the time and monetary value of your contribution.

 

 

 

 

My advice? Beware of lawyers playing word games - you DO intend to make BOTH specific AND general "contributions to the support of the person(s)...."

 

My belief, though, is that the question is irrelevant for fiance visas, and your answer will make no difference.

 

The best discussion of the question seems to be this one on CFL, where the word from USCIS is that the answer is “N/A – Fiance Visa.” - http://candleforlove.com/forums/topic/6394-i-134/

 

Anyway, April at the USCIS Customer Service line (called at 4:45PM PST 08/05/04) stated “Don’t worry. That form is used for multiple purposes. It is really speaking to another situation like if you brought a student over and if you were handling room and board etc. For a fiance visa technically they are a non-immigrant but of course the intention is for them to become an immigrant for it to be permanent. It really doesn’t apply.“ She stated that since I had already gotten it notarized it wouldn’t be a big deal to leave it as it was – it really just doesn’t apply to the fiancé visa situation. It is a multipurpose form.

 

She went on to say that technically it would have been better to say ‘N/A’ since it is a fiancé visa but since I checked a box off, it is good that I checked “Intend.” And she said even if I had checked “Don’t intend” the whole form being filled out and all my financial records attached ad being signed by me still means that I am accepting responsibility if this person becomes a public charge so I am still agreeing to liability anyway.

 

Anyway – the Reader’s Digest condensed version is just write “N/A – Fiance Visa.” But if you’ve filled it out already maybe give USCIS a call and make sure the comment you wrote is OK.

 

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When I did my wife's K-1 affidavit of support I used the VJ template.

 

#11 Check neither, and on line state: "N/A, K Visa process for permanent residence"

 

http://www.visajourney.com/examples/Form-I-134.pdf

 

Many topics tagged I-134: http://candleforlove.com/forums/tags/forums/I-134/

Form-I-134.pdf

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  • 2 years later...

On the visa website fo the State Dept and USCIS I keep seeing a tax return requirement for self employeed petitioners only for the most recent tax year. And yet on this site I keep seeing three years. Why the discrepancy? My recent return will have over the 125% level for the I-134 but the previous two returns were zero because of all the deductions I took and would rather not send them. Any suggestions or clarification? Plus I really don't know of anyone who would be willing to be a joint sponsor but not sure why I would need them if my level is right and I will have the recent return that is being asked for. This discrepancy has me so confused.

 

Thank you!

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On the visa website fo the State Dept and USCIS I keep seeing a tax return requirement for self employeed petitioners only for the most recent tax year. And yet on this site I keep seeing three years. Why the discrepancy? My recent return will have over the 125% level for the I-134 but the previous two returns were zero because of all the deductions I took and would rather not send them. Any suggestions or clarification? Plus I really don't know of anyone who would be willing to be a joint sponsor but not sure why I would need them if my level is right and I will have the recent return that is being asked for. This discrepancy has me so confused.

 

Thank you!

 

 

The Consulate is charged, by law, with determining whether a prospective immigrant might become a public charge in the U.S. This is above and beyond the requirements of the I-864, or I-134.

 

They are concerned more with your career prospects, and your ability to support her. They can always ask for something different than what is "required".

 

It is YOUR responsibility, above and beyond your tax returns, to document your level of income.

 

Above all, be prepared for what they MIGHT ask for.

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