What if I-134 co-sponsor is retired?
#1
What if I-134 co-sponsor is retired?
Hey everyone!
I have a couple of questions about the I-134 which I'm hoping someone can help me out with.
Question One: I just *barely* earn above the 125% income level. (How depressing! *sigh*) I've had my current job for almost a year, but will be looking for a better-paying job soon. But for the sake of argument, let's say I stay in this job at this income.
I know I'm not required to submit last year's tax return with the I-134, since my fiance is in the UK and they don't seem to require it there. But should I get a co-sponsor anyway, just to be on the safe side?
Question Two: We will definitely need a co-sponsor when we file for AOS, because my income over the past three years hasn't been enough to meet the 125% requirement. (I was married and filed jointly with my now ex-husband, who was the primary income earner.)
My most logical choice for a co-sponsor is one of my parents (either one will do). They have enough in assets, pensions and interest-earning accounts to meet the 125% minimum, no problem.
But the thing is, they're both retired. They don't have any INCOME, per se. Is that a problem? How would they go about filling out the I-134 if we require a co-sponsor when going for the K-1? Or would it just be easier for me to ask someone else who has a regular job to be a co-sponsor? (Not sure I'd know whom to ask, which is why I'm trying to cover my bases here!)
Thanks in advance...
~ Jenney
I have a couple of questions about the I-134 which I'm hoping someone can help me out with.
Question One: I just *barely* earn above the 125% income level. (How depressing! *sigh*) I've had my current job for almost a year, but will be looking for a better-paying job soon. But for the sake of argument, let's say I stay in this job at this income.
I know I'm not required to submit last year's tax return with the I-134, since my fiance is in the UK and they don't seem to require it there. But should I get a co-sponsor anyway, just to be on the safe side?
Question Two: We will definitely need a co-sponsor when we file for AOS, because my income over the past three years hasn't been enough to meet the 125% requirement. (I was married and filed jointly with my now ex-husband, who was the primary income earner.)
My most logical choice for a co-sponsor is one of my parents (either one will do). They have enough in assets, pensions and interest-earning accounts to meet the 125% minimum, no problem.
But the thing is, they're both retired. They don't have any INCOME, per se. Is that a problem? How would they go about filling out the I-134 if we require a co-sponsor when going for the K-1? Or would it just be easier for me to ask someone else who has a regular job to be a co-sponsor? (Not sure I'd know whom to ask, which is why I'm trying to cover my bases here!)
Thanks in advance...
~ Jenney
#2
Forum Regular
Joined: Jun 2002
Posts: 88
Re: What if I-134 co-sponsor is retired?
does their social security they draw 125%? Or do they draw a pension? Otherwise all of their assets can count towards it also.
See this link http://k1.exit.com/affidavitframes.html also look to tips section. The not having 3 years of taxes is not a big deal. Just as long as you 125% or have co sponsor. When AOS time comes you can submit yours and your co sponsor and then when interview comes you can replace them with yours and your fiance if you have been married 6 months and do fall into the 125% guideline.
See this link http://k1.exit.com/affidavitframes.html also look to tips section. The not having 3 years of taxes is not a big deal. Just as long as you 125% or have co sponsor. When AOS time comes you can submit yours and your co sponsor and then when interview comes you can replace them with yours and your fiance if you have been married 6 months and do fall into the 125% guideline.
#3
Guest
Posts: n/a
Re: What if I-134 co-sponsor is retired?
In article <[email protected]>,
pezeke <[email protected]> wrote:
> does their social security they draw 125%? Or do they draw a pension? Otherwise all
> of their assets can count towards it also. See this link
> http://k1.exit.com/affidavitframes.html also look to tips section. The not having 3
> years of taxes is not a big deal. Just as long as you 125% or have co sponsor. When
> AOS time comes you can submit yours and your co sponsor and then when interview
> comes you can replace them with yours and your fiance if you have been married 6
> months and do fall into the 125% guideline.
>
Actually, there is a memo from INS in 2000 which states that the I-864 income
requirement does not have to be met until you attend the AOS interview:
http://www.ins.usdoj.gov/graphics/services/clarify.pdf (reference page 2,
"sufficiency of I-864 at filing")
The safer thing to do, if you want to try it without a co-sponsor, would be to print
that file and take it with you to the INS office, just in case you happen upon a
snotty uninformed INS officer who tries to give you a hard time.
However, I understand there are a couple of "badass" INS offices (the De-Portland
group, I think), that don't go by the rules anyway. With them, you will probably
have to have a co-sponsor unless you can get your congressman to give them a piece
of his mind.
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
and if you don't like it, then I suggest you see an immigration attorney. It'll cost
more, but it may be worth more, too.
=========================================
pezeke <[email protected]> wrote:
> does their social security they draw 125%? Or do they draw a pension? Otherwise all
> of their assets can count towards it also. See this link
> http://k1.exit.com/affidavitframes.html also look to tips section. The not having 3
> years of taxes is not a big deal. Just as long as you 125% or have co sponsor. When
> AOS time comes you can submit yours and your co sponsor and then when interview
> comes you can replace them with yours and your fiance if you have been married 6
> months and do fall into the 125% guideline.
>
Actually, there is a memo from INS in 2000 which states that the I-864 income
requirement does not have to be met until you attend the AOS interview:
http://www.ins.usdoj.gov/graphics/services/clarify.pdf (reference page 2,
"sufficiency of I-864 at filing")
The safer thing to do, if you want to try it without a co-sponsor, would be to print
that file and take it with you to the INS office, just in case you happen upon a
snotty uninformed INS officer who tries to give you a hard time.
However, I understand there are a couple of "badass" INS offices (the De-Portland
group, I think), that don't go by the rules anyway. With them, you will probably
have to have a co-sponsor unless you can get your congressman to give them a piece
of his mind.
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
and if you don't like it, then I suggest you see an immigration attorney. It'll cost
more, but it may be worth more, too.
=========================================