jjw152

Hi. I've read loads of threads asking questions about the I-134 Affidavit of Support. I think I've got a handle on it now, but I just want to run a few things by the group before I gather the info and mail it over to England.

Is one year's tax return enough? It dosn't even ask for a tax return unless you are self-employed.

I'm currently laid off until April. What should I say about that? Will it affect me that much?

Even though this form dosn't mention the %125 above the poverty line requirement, am I right to assume that they want to see that level of income here?

I will require a co-sponsor. Is there anything that they will need to do differently on this form?

The I-864 will duplicate most of this information. It seems like this is unnecessary paperwork. Does anyone else share this view?

Thanks!
Jeff

FlyergirlUK

The DS-2000, Evidence which may be presented to meet the public charge provisions of the law states:

Obviously, it's best to have more than enough evidence than a lack of when it comes to something like this.

The I-134 covers the first three years following the alien's entry into the United States; the I-864 covers the sponsor's obligation until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently or dies. Divorce does not terminate the obligation.

jjw152

Thanks. Isn't that DS-2000 a form that comes in packet three? They ought to include that bit in the I-134 instructions. Here is a question. What if the foreign fiancee is wealthy? Does the goverment still require the affidavits of support? Unfortunately this isn't our case. But I'm curious anyway.

Jeff

Pallyn

The big difference between the two affadavits is that the I-864 is enforceable and the I-134 is not. The I-134 and accompanying documentation is used to determine whether the alien is likely to become a public charge, so anything you can send to counteract that assumption is helpful. If your prior tax returns show consistency of income, they might be helpful if you are in a seasonal profession. I sent three years, but that is because our embassy was more challenging that London appears to be.
If you are laid off until April, maybe you can substitute a letter from your employer stating they will be taking you back, for the letter that is usually provided stating that your job is permanent, full time, etc.

I have no idea about the cosponsor bit, sorry.

FlyergirlUK

Apparently so; the DS-2000 also states that:

The applicant would then have to show evidence of funds or income.

It does seem, also, that if you were to do this, the affidavit would not be submitted as there is no option for the alien to fill in under the name and address as they would not be an American citizen in any way, shape or form.

I agree that the DS-2000 should be issued with the I-134; it seems that the primary aim of the USCIS is to confuse applicants and tie them up with RFEs for this kinda thing.

Bluegrass Lass

Everyone else has pretty much answered all but one of your questions. If you are going to require a co-sponsor, they fill out their own, separate, I-134 and attach all of the relavent information (i.e. tax returns, employer statement, appraisal of property, etc..).

We're still going through this (since we just got Pkt 3). I'm worried that we will need a co-sponsor since I was a student until last year and didn't meet poverty guidelines. I've written a letter attesting to that, and hope that the ConOff will put more emphasis on the current situation (with my job) and not the last few years.

Good luck!
Jamie

jjw152

Jamie,
Do you think they take into account the beneficiary's income and their job prospects, and if they have a job waiting for them in the US? I'm hoping that will offset my lack of substantial income.

Thanks,
Jeff

Bluegrass Lass

Unfortunately, I don't think so, Jeff. For the purposes of the I-134, I believe that they will only consider the (co)sponsor's income, not the beneficiary's. The only time on an Affidavit of Support that the non-USC's income is considered is when filing for AOS after marriage. If you have been married for at least 6 months before the interview, I believe that you can file a new I-864 Aff. of Support that can include the beneficiary's income. I'm fairly certain this is how it works, and if I'm incorrect, I'm certain someone will correct me.

I understand how worried you probably are - this is eating away at me as well. I'm thinking about asking my mother if she could fill out an I-134 just in case it's necessary, but I really hate asking that.

Jamie

jeffreyhy

Jeff,

Yes, DS-2000 is an instructional form that comes with the visa application packet, and to my mind DS-2000 is what people should be asking about - not the I-134.

The consulate is required to determine that the visa applicant will not become a public charge while in the US, and I've seen that different consulates may look for slightly different things and may customize the DS-2000 a bit to suit their preferences. An affidavit of support is only one of the pieces of evidence that a consulate might want to see, and not all consulates use the I-134. Some ask for an I-864. I've seen a DS-2000 that just says if an affidavit of support is supplied it should contain the following information .... (the emphasis is mine).

My point is that it is not the I-134 instructions that dictate what the consulate wants to see. (The I-134 is not even a DoS form, it is simply a conveniently available form that can serve the desired purpose) Each consulate dictates what evidence it wants to see, regardless of what the I-134 instructions might say.

Regards, JEff