runbirduk

Hi.

In the process of just starting to apply from scratch for the fiance visa.
I am UK and my girlfriend is a USA citizen.

My girlfriend is a student graduating in May and will be looking for a job from then. As such, she lives a typical student life with minimal savings and with occasional support from her parents.

I own my house (well, with mortgage) but aim to rent this out when I move so would hopefully have an immediate monthly income of approx $600. I'll have around $6000 savings, maybe more, maybe less depending on costs incurred in moving/renting etc. Then obviously looking for a job when I get there.

I know it's a bit down the line yet as we are just away to file the first set of paperwork but I know you have to prove you won't be a drain on the US and I've seen bits of info relating to poverty level(??) and the sponsor support stuff (her parents are US citizens).

With everything involved, we don't want to start applying if this goes through late summer and she doesn't have a job and this proves to be a problem. She rents an appartment and I would just be moving in there with no additional outlay on her behalf.

Any easy to understand info/links appreciated.

Chris

Noorah101

The form you need to look at for the K-1 affidavit of support is the I-134. Go to www.uscis.gov, Forms, I-134, and read the form and instructions.

You must be able to prove that you won't become a public charge in the USA. There are several ways of doing this...either you have enough cash ($6,000 probably isn't enough); the USC has enough income and/or assets (she doesn't, from the sound of it); or someone else can be your sponsor (her parents, if they are willing to do so).

Once you get to the USA and adjust status to permanent resident (AOS), there is a different affidavit of support required, the I-864 (www.uscis.gov, Forms, I-864). The I-864 is more strict than the I-134, but her parents can a joint sponsor if she doesn't earn enough income by that time.

The poverty level you are referring to can be found at www.uscis.gov, Forms, I-864P. You'll look at the 125% column for a household of her size plus the immigrant.

Rene

Noorah101

Here's a good thread to read on the topic: http://britishexpats.com/forum/showthread.php?t=675309

Make sure to read the link inside the thread.

Rene

runbirduk

Hi.

Thanks for the info/links and unsurprisingly I have a couple of questions.

I originally thought there was an actual minimum value of funds required, something to do with that poverty level having seen it mentioned on this forum but in the wiki it says otherwise. Is it just taken on a case by case basis?

If the I864P is a guideline for a potential sponsor would I assume those figures would be the guidelines for us too? So the minimum my girlfriend and I would need to show is approx $23,000?

Plus, if we didn't have that at the time of applying (before my gf had found employment) would me having UK property as an asset be taken into account in lieu of the savings? As my house would be minimum $100,000 profit if sold.

Is it right that I'm more confused the more I read?
You don't need to answer that one people!

ian-mstm

For a K-1 visa, you must submit an I-134, and the I-864P is a rough guideline only... there is no specific $$ minimum amount for the I-134. Once you're married and you file to adjust your status, there is another form... the I-864. For the I-864, the I-864P numbers are an absolute minimum - meaning once you're at or over the threshhold, you're most likely fine.

That said, many people have had success using the I-864P as a guideline for the I-134... but, on occasion, people have been asked for another sponsor.


If it's just the two of you, $18,212.


Yes.


It's the "if sold" bit that'll be called into question. Can you, in fact, guarantee that it'll be sold?


Actually... yes. Immigration is a whole new language, and like any new language it takes time to learn!

Ian

meauxna

http://britishexpats.com/wiki/K1_Lon...ancial_Support

"the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge."


http://www.uscis.gov/files/form/i-864p.pdf

"Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

* bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;
* proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
* letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;
* statement from insurance company showing policies held and present case surrender value;
* proof of income from business investments or other sources.

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided."

That's pretty normal.

Noorah101

I could have sworn I covered all that in posts 2 and 3....lol

Rene

meauxna

Or the wiki.


Sometimes, we don't know what we're reading.

jeffreyhy

9 FAM 40.41 Notes, N4.6-2 and N4.6-3

Regards, JEff

runbirduk

I guess the jokes on me with this answer!
Thanks for the other responses.

Couple more questions though.
If we proceeded with paperwork and got to the point where they needed to see proof of money and my girlfriend hadn't found employment would they then "pause" the process and ask for a sponsor or funds before we could proceed rather than canceling the whole thing and us having to start from scratch again?

And how likely are they to take into account the value of my house if I just rented it out rather than selling it?
We just don't want to spend money if we have to repeat everything later.

Is it worth writing to the London consulate with questions? Do you know if they respond? I notice there is no email address and the phone is £1.something a minute.

Thanks in advance.

Noorah101

Yes, once you get all the way to your visa interview, they will ask about the Affidavit of Support, or other documentation showing you won't become a public charge. If you don't have anything to overcome this, they will hold your visa approval until you can provide the information. You don't have to start all over.

Houses are not currently very good assets because of the bad market. An asset has to have a high enough value to use on the affidavit of support, AND it must be able to be liquidated within 1 year at that value. It would be hard to liquidate yours if you still have tenants living there. However, tenant income MIGHT be able to be used as "ongoing income from the same source", so it MIGHT provide some help.

No, it is not.

They do have an email address, but you have to call ahead and pay to get a code number to use for your specific email, and you don't yet even have a case going, so I don't think they will respond or even if they do, they won't be much help.

Rene

jeffreyhy

How so? Those are the instructions to consular officers on how to evaluate the public charge issue - isn't that what you're trying to learn?

If you've got a renter then you've got income. Document it with the lease or rental agreement.

You have it both ways - claim the house both as an asset and as a source of income. If you sell it you've got the cash proceeds from the sale but no income, if you rent it you've got income but you aren't going to have access to the equity in the house.