jeffreyhy

I agree with meauxna. Your petitioner is the most logical person to sponsor, and the consular officer will be expecting them to sponsor as it is the usual thing to do. They might want to see what your petitioner's financial situation looks like before going with a different sponsor.

Regards, JEff

chrisroach

Just to bring you all up to date on where i am.

I have had my fiance fill in the I-134 (she earns around $15-16k) although it is a relativly new job so she doesnt have much in the way of pay slips showing this.

I will also print off my savings account balance (around £6000).

Finally, (and i feel this is the one which i will draw the immigration peoples attention to) i have my fiances dads I-134. He owns his own landscaping business and his own home. I feel this should put me in good stead. All this stuff is in the post now, so im not sure what evidence shes sent, but it sounds like his tax returns and mortage information are included (he owns the house).

Rete

Private homes cannot be used as assets. If the future f-i-l's business earns him enough money to cover a household his size plus you, then all is well.

I do hope that since he is self-employed that he included the schedules with the returns or at the very least that he is forwarding IRS generated tax returns.

Noorah101

Dad in law needs to include a copy of his most recent tax return, including ALL pages, including Schedule C and 1099's (I know this doesn't mean anything to you, but when you get the tax return, if it's not sealed, make sure it's a lot more than just 2 pages long. If it's only a couple of pages, he didn't include everything). Even better are official IRS tax transcripts. If he is using tax transcripts, the tax return info might be fewer pages.

Also dad in law should include proof of his current income. Self-employed people have a little harder time showing their individual income vs the business income. He can only use his individual income to sponsor you. Individual income is calculated by taking the total business income and subtracting the business expenses. Whatever is leftover is his profit and individual income. For example, my husband is self employed...the business might earn $30,000 a year, but he might have $20,000 a year in business expenses. That would make his individual income only $10,000 a year.

Proof of income for a self-employed person can be in the form of copies of ongoing contracts, current profit & loss statements, or other items that show his current and ongoing income.

A private residence CAN be used as an asset, but lately the ConOff's are not keen on allowing it because of the bad housing market. The assets have to be able to be liquidated within 1 year at the value you claimed on the I-134. With the housing market the way it is here, that's not always likely to happen.

Rene

chrisroach

Ok, but given that for the K-1 they usually accept a number of differnt sources (i.e. my fiance, her dad, and my savings) should i be able to relax knowing i have enough?

I have no idea how strict they are going to be on this at the embassy?

Noorah101

I was not aware that for the I-134 they accept a number of different sources combined. Perhaps they do.

Neither do we.

Rene

jeffreyhy

The assets also have to be able to be liquidated without hardship or financial loss. Taking out a mortgage or 2nd mortgage is one thing, but selling one's home to support an immigrant may present a hardship.

Regards, JEff

jeffreyhy

It sounds plausible, considering that a sponsor is not a requirement for a K visa, and that even when a sponsor is required (which is the vast majority of cases) I-134 is not necessarily required. One could create their own version of an affidavit of support as long as it contains all the required information.

It's not "for the I-134", it's for demonstrating that the visa applicant meets the public charge provisions of the law. It's not like the immigrant visa situation where the I-864 is the specific demonstration required.

I'm not placing any bets, though!

Regards, JEff

scrubbedexpat099

The London Consulate seem to only require you to have enough dosh for the 90 days, which is logical.

chrisroach

It is logical. In which case, my savings of £5000 should be enough. But many people on here have already dismissed this.

jeffreyhy

I'm one of them, because most people who have successfully met the public charge requirement without a sponsor had a lot more than £5000. But Boiler was successful with that amount, maybe you will be also. The only way to know for sure what will work for you is to try.

Good luck, and be sure to report the result.

Regards, JEff

scrubbedexpat099

I did have a lot more, and wondered why he only took a quick glance at my bank statement and moved on. I had a rucksack full of paper covering everything else.

I found out later from others why.

I would check with the Consulate the current number, last number I had was not very much.

Rete

Really do appreciate your experience, Boiler. However, bear in mind your interview was several years ago and lots has changed since then. Logic doesn't normally mean a great deal in these situations and it now appears that the adjudicating officer wants to see that after entry on the K-1 that there will be someone who can successfully complete an affidavit of support for the foreign fiancee.

jeffreyhy

Good points, I agree. These days it may take an immigrant a lot longer than 90 days to become self-supporting.

Regards, JEff

adjudicator89

Chris... I believe she has to show some type of pay-slip, perhaps a direct deposit from the employer (stating on her bank statement) If pay slips are not available, she needs to attach a letter from her supervisor where her boss clarifies her income. In other words, USCIS needs to see some type of proof of that she is really making 15-16k a year. Applicants can't just "say" oh I am making this much and expect the officials to believe it without a valid pay slip. Best wishes

Milan