aaronjamie

hey
when i have my interview for our k1 visa, we are going to use my future mother in law as our sponsor. she doesn't work but receives $40k a year from the va. this is more than enough to sponsor us as there will only be her, my fiancee and me in the household. va income isn't taxed, so therefore she doesn't have tax returns

my question is, what evidence/documents should i be taking to the interview?

proof of yearly income from the va?
letter from the irs stating she is exempt from tax?
letter from her bank showing amounts incoming every month?
what else will i need to ensure there are no hiccups or delays?

thanks

ian-mstm

Income is income... even if it isn't taxed. Whether the income is taxed or not, she may still have an obligation to file a tax return if her income is above the filing threshhold - which it is.

Ian

aaronjamie

nope, va income is exempt from tax returns

Moxie

A tax return is NOT a requirement for the I-134 in London. They need to see proof of income and if the MIL has a statement from the VA showing her monthly or yearly benefit amount, then that's good proof. A few bank statements showing direct deposit from the VA would add some extra proof. She doesn't need a tax return or anything related to the IRS to be a sponsor.


When the time comes for Adjustment of Status and the form I-864, then a tax return or reason why not IS required.

Rete

Also note that the USC fiancee is NOT included in her household numbers unless she lives with the sponsor and has absolutely no income of her own.

aaronjamie

well, my fiancee works but makes around $18k a year
she lives with my mom - so it's them two and then with me, it's three

Moxie

Is the Mom totally dependent on your fiance? Or partially? For the I-134 that's all they ask. And your fiance only has to make 100% of the poverty guidelines $15,130 for you+her (unless she supports Mom.) If your immediate concern is the I-134, then it's not as hard as later for AOS.

If Mom is your sponsor instead of your fiance, then Mom will be answering the I-134 question about who she supports fully/partially. They will consider that support question when determining what they will approve. If your fiance has an income, then her Mom probably does not fully support her. There is no adding of numbers tally of household size with the I-134. It's a subjective decision made by the ConOff as to whether he thinks you will become a public charge.

jeffreyhy

+1

Especially the last sentence, which means that the consular officer just may not be satisfied with your finacee's $18,000 income and just may want to see an income tax return from the sponsor if the sponsor is required to file income tax returns.

Regards, JEff

Moxie

I haven't ever heard of London insisting on a tax return for the I-134. Many report taking one and the document person handing it back, keeping an employer letter as the proof. Many provide tax information instead of bothering the employer for a letter. I imagine most present a tax return or transcript if they have them. But if the MIL doesn't have a tax return that proves she can support the immigrant, then another proof (or two) of income or assets will be be accepted by London for the I-134.

aaronjamie

haha, i think i confused you slightly
my fiancee's mom gets her income from the va - about $40k a year, so she doesn't need support from my fiancee. she supports herself - pays all the bills and everything. it is just her and my fiancee in their house - so that is two people. my fiancee makes about $18k a year from employment, and she doesn't pay any rent to my mother - it's just money for her car payments and insurance and saving for married life, etc
if my fiancee was the sponsor wouldn't the household be three, not two?

Noorah101

As others have said, the I-134 doesn't count household members. Have you looked at the I-134? There's a question on there about whether the sponsor supports anyone else. If your fiancee and her mother don't count on each other's income for support, then the answer for both of them is "no".

The I-864 asks about household size, but the I-134 does not...so it doesn't matter right now.

Rene

Rete

Why do you continually call her YOUR mother when she is not your mother but her mother? That is very confusing. And by the va do you mean the Veteran's Association?

aaronjamie

sorry, i keep going to write mother in law but forgetting the last word
apologies

cheers noorah

jeffreyhy

As you have been told, there is no household size associated with I-134. Nor, from your description of the situation, does your fiancee support or even partially support her mother.

The household size will be 2 when you get to the I-864 for adjustment of status.

Regards, JEff

aaronjamie

so based on her income of $18k, not supporting her mother at all, will that be good enough for us to use my fiancee as the sponsor? or do you think it'd be risky?

i'm saying this just because she obviously has tax returns and the situation is more usual, whereas using her mother would be more complicated