Ntepy

London K-1 interview.... Affidavit

For AOS after my marriage we will have I-864A household members income to bring us
up to level.

Now... How do people get round this one?

If, when reviewing our I-134, they use the I-864 form requirements to determine my
likelyhood of becoming a public charge, HOW do we include a household members income
on the I-134 for them to consider? Do we include his income in with my fiancé's on
the one form? and submit all the relevant evidence, plus an explanation?

As far as I can see, a household members income can only be considered as a
co-sponsor useing a I-134. Which won't work for us because his income is below our
household size level that he'd have to meet as a
co.

Or am I misunderstanding this?

Thank you... ntepy

Mhaley12345

It is my understanding that your income alone would be considered on the I-134, if
you don't meet the requirements, you would need a co-sponsor, could be household
member, friend, anyone.....who would also fill out a I-134 and provide supporting
documentation as well. Your "combined" income would then need to meet the
requirements. Your fiance's income won't come into play at this stage.

The I-864 is for AOS....again you would be the main sponsor, but if you don't meet
the requirements.....your spouse, or a household member, who has to be living with
you for the previous 6 months, can include their income on the I-864A to make up the
difference. Usually not a problem if you need to include their income as the AOS
interview appointment usually will be past 6 months.....some are not far past that,
some take quite awhile. Hope that helps a bit.....

Jonathan_atc

Because the purpose of the I-134 has nothing to do with the purpose of the I-864.

The purpose of the I-134 is to get the K-1 visa, nothing more. They use the same form
for B visas when they believe the visa recipient can't afford the trip on their own.
Someone can sponsor them. That is all that this form is for. If you can't meet the
VERY meager requirements, (something I could not do at the time either) you will need
a joint sponsor. Simple as that. Easy to remedy. Anyone can be a joint sponsor,
provided they are a USC, USPR and over 21. A parent is usually the best bet, provided
they are not destitute as well. ;o)

What household member are you talking about? The USC has someone living with them now
who is only 18 and wishes to contribute? Or you and the USC are only 18?

--
    >
Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
"ntepy" <[email protected]>
[usenetquote2]> > It is my understanding that your income alone would be considered on the[/usenetquote2]
I-134,
[usenetquote2]> > if you don't meet the requirements, you would need a co-sponsor, could[/usenetquote2]
be
[usenetquote2]> > household member, friend, anyone.....who would also fill out a I-134 and provide[/usenetquote2]
[usenetquote2]> > supporting documentation as well. Your "combined" income would[/usenetquote2]
then
[usenetquote2]> > need to meet the requirements. Your fiance's income won't come into play[/usenetquote2]
at
[usenetquote2]> > this stage.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > The I-864 is for AOS....again you would be the main sponsor, but if you[/usenetquote2]
don't
[usenetquote2]> > meet the requirements.....your spouse, or a household member, who has to[/usenetquote2]
be
[usenetquote2]> > living with you for the previous 6 months, can include their income on[/usenetquote2]
the
[usenetquote2]> > I-864A to make up the difference. Usually not a problem if you need to[/usenetquote2]
include
[usenetquote2]> > their income as the AOS interview appointment usually will be past 6[/usenetquote2]
[usenetquote2]> > months.....some are not far past that, some take quite awhile. Hope that helps a[/usenetquote2]
[usenetquote2]> > bit.....[/usenetquote2]

Shelley

I used the equity it my home along with my income to meet the financial
requirements for the I-134 - my husband (then fiancé) had no problem getting his
K-1. Take Care. Shelley

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Ntepy

Ok Jonathan, but stop, stop, stop now. My name is ntepy, I am in the UK, British born
and breed female, I AM the foreign Fiancée. Sorry you missed that in my earlier posts
of this thread... LOL I must find a better way of making myself and our situation
known. Thx ever so, anyway... ntepy

"Jonathan_ATC" <[email protected]>
[usenetquote2]> > > Well, you can't do what you can't do. The I-134 is a sponsorship[/usenetquote2]
    >
[usenetquote2]> > > that is not even enforceable. (according some.) It is for the[/usenetquote2]
    >
[usenetquote2]> > > State, NOT INS. It is a totally separate agreement from the I-864.[/usenetquote2]
    >
[usenetquote2]> > > for INS, not DOS. Do you understand what I am saying now? One has[/usenetquote2]
    >
[usenetquote2]> > > to do with the other. The fact that they have similar burdens of proof[/usenetquote2]
    >
[usenetquote2]> > > income and/or assets has no bearing on the matter. What you are allowed[/usenetquote2]
    >
[usenetquote2]> > > do for one, you cannot do for the other. If they were the same thing,[/usenetquote2]
    >
[usenetquote2]> > > would be no need for two.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > The I-134 is used for non-immigrant visas. It is presented to the[/usenetquote2]
    >
[usenetquote2]> > > at the visa seeker's interview. It is used, when necessary, for all[/usenetquote2]
[usenetquote2]> > > non-immigrant visas.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > The I-864 is a completely separate document, for a completely separate branch[/usenetquote2]
[usenetquote2]> > > of government. It is used for immigrant visas such as the[/usenetquote2]
    >
[usenetquote2]> > > visa and also for the K-1 once married and for filing Adjustment of[/usenetquote2]
    >
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > They have absolutely nothing to do with one another. Forget you even[/usenetquote2]
    >
[usenetquote2]> > > of the I-864 and its rules because they do NOT apply to the I-134. No amount of[/usenetquote2]
[usenetquote2]> > > you saying that they should will change things either. You'll either have to do[/usenetquote2]
[usenetquote2]> > > a transfer of assets to your account to meet the qualification, or get a joint[/usenetquote2]
[usenetquote2]> > > sponsor. Ask a pastor if you don't have anyone else. I just don't see you[/usenetquote2]
[usenetquote2]> > > getting the K-1 if you don't meet the requirements on your own or have a[/usenetquote2]
[usenetquote2]> > > qualified joint sponsor who does.[/usenetquote2]
    >
[usenetquote2]> > > don't shoot the messenger. Remember, there is always a solution,[/usenetquote2]
    >
[usenetquote2]> > > we just have to look longer than others.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > --[/usenetquote2]
[usenetquote2]> > > Jonathan __|_/_/ K-1 & Adjustment of Status Help Site http://clik.to/getk1 Doc[/usenetquote2]
[usenetquote2]> > > Steen's Visa Pages http://www.mindspring.com/~docsteen/visainfo/visainfo.htm[/usenetquote2]
[usenetquote2]> > > Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service[/usenetquote2]
[usenetquote2]> > > http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For[/usenetquote2]
[usenetquote2]> > > reliable legal advice, please consult with a professional immigration[/usenetquote2]
[usenetquote2]> > > attorney.}[/usenetquote2]

[usenetquote2]> > > > Thx Jonathan[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > Surely the pupose of a "K-1 visa applicant's" I-134 is to determine financial[/usenetquote2]
[usenetquote2]> > > > ability to meet the I-864 support requirements. No point letting me in the US[/usenetquote2]
[usenetquote2]> > > > on a K-1, as an intending immigrant if we're not going to be able to meet[/usenetquote2]
[usenetquote2]> > > > I-864 requirements.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > The household member is my US Fiancés 18 yr old son. He can't co or joint[/usenetquote2]
[usenetquote2]> > > > sponsor because his income is below the level for our family size and he's[/usenetquote2]
[usenetquote2]> > > > too young. But he's old enough to enter into a I-864A contract between[/usenetquote2]
[usenetquote2]> > > > himself and his dad, making his income available to bring us up to level. We[/usenetquote2]
[usenetquote2]> > > > have no one else to co-sponsor.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > Doesn't seem right somehow, that we can't include his income at the I-134[/usenetquote2]
[usenetquote2]> > > > stage, when we can, and intend to do so at the I-864 stage. The wording of[/usenetquote2]
[usenetquote2]> > > > the I-864 insructions make it look like greatest weight is put in this[/usenetquote2]
[usenetquote2]> > > > order....[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > Primary sponsors income, total household income, assets, then joint sponsor.[/usenetquote2]
[usenetquote2]> > > > So from that point of view, we'd rather use total household income before we[/usenetquote2]
[usenetquote2]> > > > use other assets to bring us up to level. It surely looks better. Jonathan..?[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > ntepy... [/usenetquote2]

Jonathan_atc

Yes, Shelley. That is fine what you did. Can you not see how it is nothing near what
this person wants to do? They want to use the alien's assets to meet the
qualifications of the I-134. This cannot be done unless the alien's assets are signed
over to the USC. (Well before the I-134 is turned in so that it doesn't look fishy.)

--
    >
Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}

    >
    >
getting
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[usenetquote2]> > OK Jonathan [/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > All is not lost. I just thought it worth a look into, to try to make our I-134[/usenetquote2]
[usenetquote2]> > presentation look better than "sufficient" We will go back to our original plan[/usenetquote2]
[usenetquote2]> > and use all my Fiancés availabe house equity to bring us up to level.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Many thx....ntepy[/usenetquote2]
    >

Jonathan_atc

First of all, don't mistake my tone in my previous letters. What I wrote, I meant as
a friendly help. This letter too.

No, ntepy. I believe I understand your situation perfectly. It matters not whether
you are the alien or the USC. When I say "you", if it really pertains to your USC
fiancé, then you should know what I mean.

You (your USC fiancé) cannot use anyone else's assets to qualify under the I-134
guidelines UNLESS the assets of the foreign fiancé are signed over legally to the
USC. PERIOD. Only the USC petitioner's finances can be included on the I-134. Yes, it
is different for INS' form I-864, but remember... they are for different branches of
government and have absolutely NO connection whatsoever other than the name Affidavit
of Support.

I think YOU are the one who may be slightly confused. ;o) You (the alien fiancé,
beneficiary)don't have anything to do with the I-134, it is ALL the USC's
responsibility. If the USC wants to use their own home equity as an asset to qualify,
then there is NO problem and I fail to see where you are confused. Of course the USC
can use their own property as an asset for qualification purposes. All you do is
carry it to your interview.

Once again, you (your USC fiancé) cannot use any household members' income to
qualify, the I-134 is ALL the USC's responsibility.

If the income and assets are not enough, you MUST get a joint sponsor. Period. If
you want to send some money to the USC to help them qualify, that is not a problem.
Just make sure you do it WELL BEFORE you (your USC fiancé) fills out and mails you
the I-134.

Remember that if using assets, one (your USC fiancé) must have 5 times the difference
between their income and poverty level for 3 people. Poverty level @125% for 3 is
$18,287. So, if an income of $10,000, one would need $41,435 in assets plus the
income to qualify.

Fair? Not necessarily. But INS doesn't want people to be deemed a public charge.
Deeming means that one partakes in taking public aid that qualifies as the kind one
is not supposed to get. Then one is considered a public charge if they take that aid
and the Affidavit of Support kicks in and the signor must pay back any aid received.
(Even if you get a divorce, you still are on the hook)

While it is romantic to think that one can live on love, if one cannot meet the I-134
requirements, the Dept. of State is not so romantic.

I wish you much luck in your endeavor. Frankly I would be scouring for someone to
joint sponsor you two. Again, a pastor or family friend could do
it. We got my mother to do one for ours as I had just started a business after
getting out of 4 years of college and had no real income yet. By the time of AOS,
my wife had a good job and our combined income was well over the 125% for the
whole two years we were together. So, we withdrew our joint sponsor. Granted we
did it before the I-864 came into effect. But we still were able to withdraw our
joint sponsor at the time of AOS interview and I have heard some others claim
they withdrew an I-864 joint sponsor at the time of AOS.

Just food for thought. None of this is meant to bring you down, just to explain the
differences between the two Affidavits and how to figure the assets.

--
    >
Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
"ntepy" <[email protected]>
[usenetquote2]> > > > Well, you can't do what you can't do. The I-134 is a sponsorship[/usenetquote2]
[usenetquote2]> > agreement[/usenetquote2]
[usenetquote2]> > > > that is not even enforceable. (according some.) It is for the[/usenetquote2]
[usenetquote2]> > Department of[/usenetquote2]
[usenetquote2]> > > > State, NOT INS. It is a totally separate agreement from the I-864.[/usenetquote2]
[usenetquote2]> > That is[/usenetquote2]
[usenetquote2]> > > > for INS, not DOS. Do you understand what I am saying now? One has[/usenetquote2]
[usenetquote2]> > nothing[/usenetquote2]
[usenetquote2]> > > > to do with the other. The fact that they have similar burdens of[/usenetquote2]
proof
[usenetquote2]> > of[/usenetquote2]
[usenetquote2]> > > > income and/or assets has no bearing on the matter. What you are[/usenetquote2]
allowed
[usenetquote2]> > to[/usenetquote2]
[usenetquote2]> > > > do for one, you cannot do for the other. If they were the same[/usenetquote2]
thing,
[usenetquote2]> > there[/usenetquote2]
[usenetquote2]> > > > would be no need for two.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > The I-134 is used for non-immigrant visas. It is presented to the[/usenetquote2]
[usenetquote2]> > consulate[/usenetquote2]
[usenetquote2]> > > > at the visa seeker's interview. It is used, when necessary, for all[/usenetquote2]
[usenetquote2]> > > > non-immigrant visas.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > The I-864 is a completely separate document, for a completely[/usenetquote2]
separate
[usenetquote2]> > > > branch of government. It is used for immigrant visas such as the[/usenetquote2]
[usenetquote2]> > spousal[/usenetquote2]
[usenetquote2]> > > > visa and also for the K-1 once married and for filing Adjustment of[/usenetquote2]
[usenetquote2]> > Status.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > They have absolutely nothing to do with one another. Forget you[/usenetquote2]
even
[usenetquote2]> > heard[/usenetquote2]
[usenetquote2]> > > > of the I-864 and its rules because they do NOT apply to the I-134.[/usenetquote2]
No
[usenetquote2]> > > > amount of you saying that they should will change things either.[/usenetquote2]
You'll
[usenetquote2]> > > > either have to do a transfer of assets to your account to meet the[/usenetquote2]
[usenetquote2]> > > > qualification, or get a joint sponsor. Ask a pastor if you don't[/usenetquote2]
have
[usenetquote2]> > > > anyone else. I just don't see you getting the K-1 if you don't meet[/usenetquote2]
the
[usenetquote2]> > > > requirements on your own or have a qualified joint sponsor who does.[/usenetquote2]
[usenetquote2]> > Please[/usenetquote2]
[usenetquote2]> > > > don't shoot the messenger. Remember, there is always a solution,[/usenetquote2]
[usenetquote2]> > sometimes[/usenetquote2]
[usenetquote2]> > > > we just have to look longer than others.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > --[/usenetquote2]
[usenetquote2]> > > > Jonathan __|_/_/ K-1 & Adjustment of Status Help Site http://clik.to/getk1[/usenetquote2]
[usenetquote2]> > > > Doc Steen's Visa Pages[/usenetquote2]
[usenetquote2]> > > > http://www.mindspring.com/~docsteen/...o/visainfo.htm Newsgroup FAQ[/usenetquote2]
[usenetquote2]> > > > http://www.k1faq.com Immigration and Naturalization Service[/usenetquote2]
[usenetquote2]> > > > http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For[/usenetquote2]
[usenetquote2]> > > > reliable legal advice, please consult with a professional immigration[/usenetquote2]
[usenetquote2]> > > > attorney.}[/usenetquote2]

[usenetquote2]> > > > > Thx Jonathan[/usenetquote2]
[usenetquote2]> > > > >[/usenetquote2]
[usenetquote2]> > > > > Surely the pupose of a "K-1 visa applicant's" I-134 is to[/usenetquote2]
determine
[usenetquote2]> > > > > financial ability to meet the I-864 support requirements. No[/usenetquote2]
point
[usenetquote2]> > > > > letting me in the US on a K-1, as an intending immigrant if we're[/usenetquote2]
not
[usenetquote2]> > > > > going to be able to meet I-864 requirements.[/usenetquote2]
[usenetquote2]> > > > >[/usenetquote2]
[usenetquote2]> > > > > The household member is my US Fiancés 18 yr old son. He can't co[/usenetquote2]
or
[usenetquote2]> > > > > joint sponsor because his income is below the level for our family size and[/usenetquote2]
[usenetquote2]> > > > > he's too young. But he's old enough to enter into a[/usenetquote2]
I-864A
[usenetquote2]> > > > > contract between himself and his dad, making his income available[/usenetquote2]
to
[usenetquote2]> > > > > bring us up to level. We have no one else to co-sponsor.[/usenetquote2]
[usenetquote2]> > > > >[/usenetquote2]
[usenetquote2]> > > > > Doesn't seem right somehow, that we can't include his income at[/usenetquote2]
the
[usenetquote2]> > > > > I-134 stage, when we can, and intend to do so at the I-864 stage.[/usenetquote2]
The
[usenetquote2]> > > > > wording of the I-864 insructions make it look like greatest weight[/usenetquote2]
is
[usenetquote2]> > > > > put in this order....[/usenetquote2]
[usenetquote2]> > > > >[/usenetquote2]
[usenetquote2]> > > > > Primary sponsors income, total household income, assets, then[/usenetquote2]
joint
[usenetquote2]> > > > > sponsor. So from that point of view, we'd rather use total[/usenetquote2]
household
[usenetquote2]> > > > > income before we use other assets to bring us up to level. It[/usenetquote2]
surely
[usenetquote2]> > > > > looks better. Jonathan..?[/usenetquote2]
[usenetquote2]> > > > >[/usenetquote2]
[usenetquote2]> > > > > ntepy... [/usenetquote2]

Shelley

No - that is not what ntepy said This is her post
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Since ntepy is from the UK, her fiancé is from the US and it is his house that they
are wishing to use the equity from. This is what I did, and it is acceptable to do
for the I-134. I was trying to assure her that using his home equity would not cause
any problems in her getting a K-1 visa. Take Care. Shelley

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nothing
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turned
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Jonathan_atc

You're right. My bad.

--
    >
Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}

    >
[usenetquote2]> >All is not lost. I just thought it worth a look into, to try to make our I-134[/usenetquote2]
[usenetquote2]> >presentation look better than "sufficient" We will go back to our original plan[/usenetquote2]
[usenetquote2]> >and use all my Fiancés available house equity to bring us up to level.[/usenetquote2]
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is
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[usenetquote2]> > Yes, Shelley. That is fine what you did. Can you not see how it is[/usenetquote2]
    >
[usenetquote2]> > near what this person wants to do? They want to use the alien's assets[/usenetquote2]
to
[usenetquote2]> > meet the qualifications of the I-134. This cannot be done unless the alien's[/usenetquote2]
[usenetquote2]> > assets are signed over to the USC. (Well before the I-134 is[/usenetquote2]
    >
[usenetquote2]> > in so that it doesn't look fishy.)[/usenetquote2]