biggish data

I-134 Assets - 5 times or 3 times the shortfall?

Thanks so much Aws and Jay-Kay. :thumbs:

Do you happen to know if they count the equity in a person's home as an asset for these purposes? My fiancé has no income at the moment and probably just about the right amount of equity in his house to cover the 3 times. I spoke to a lawyer about also showing evidence of my own assets together with the I-134 and she said to go ahead and that it might be taken into account. If they do take my things into account we'd be alright, but if not it is down to his house!

We're looking at having a friend be a co-sponsor but she doesn't earn a very high salary so we weren't sure if her I-134 would be compelling, especially given she isn't family. We decided to just try to go with what my fiancé has first up and try to get through on our own steam. If we get asked to have a co-sponsor we'll have the friend lined up and ready to go. It's all getting a bit tricky!

Edited by riss, 28 September 2012 - 12:13 AM.

riss

Female

Australia

2012-09-28 00:10:00

I-134 Assets - 5 times or 3 times the shortfall?

Hi All, I've just got a question about the I-134.

I've asked questions about this a few times here and at other forums and people have always responded that if my fiancé (the USC) earns less than the minimum income, he needs to have three times the difference in assets. In the guidelines for the I-134 it says that it needs to be five times. I think it's in the I-864, for the AOS stage, that it needs to be only 3 times because at that stage we would already be married. Can someone help clarify this for me? Are the rules for the I-134 different for K-1 applicants perhaps?

Thank you in advance,

(F)

Riss

Edited by riss, 27 September 2012 - 09:29 PM.

riss

Female

Australia

2012-09-27 21:27:00

I-134 advice?

Have him fill out the I-134 and put that he is unemployed and his current income is $0. He needs to provide his most recent tax transcript or a statement as to why he was not required to legally file. He does not have to list any assets if he does not want to. They are not a requirement. For home/property, he would need an appraisal from a licensed appraiser and documents of any liens against it to prove the net value. You cannot just list property without proof of ownership and value.

The co-sponsor fills out their own separate I-134 and provides their most recent tax transcript, letter from employer and most recent pay stubs. They also need to provide proof of being a USC or LPR. Assets are not a requirement and if they qualify on income alone, which yours does, then no need to list assets. They can leave that part of the I-134 blank.

Oh, great, thanks a lot Jay-Kay. L just got the letter from USCIS saying our case has been forwarded to the consulate. So I'll get a move on with this now! Thanks again for all your help over the months.

Riss.

Edited by riss, 25 November 2012 - 01:10 AM.

riss

Female

Australia

2012-11-25 01:10:00

I-134 advice?

Just bumping this in case anyone's got some ideas. (F)

Thanks for your input JEC.

Every time I've emailed the consulate I have had automated replies that really didn't address my question properly. I've also called their immigration information line but the people there sound like they're a foreign country and they can't tell me much more than to read what's on the travel.gov site and so on! I will probably just end up figuring something out along the lines of what you've suggested. Hope all is well with your journey my dear!

Riss

Edited by riss, 23 November 2012 - 09:58 PM.

riss

Female

Australia

2012-11-23 21:53:00

I-134 advice?

Hi there everyone. Just wondering if I can have some advice on the I-134.

My fiance is unemployed and we are going to have a friend be our cosponsor. I've read around the place that this means we have to send in an I-134 for him as well as for the co-sponsor, is that correct?

I've also read that if you are not trying to qualify on assets, then you shouldn't put any assets down. My fiance will not be putting anything down for income/salary, and it seems to me that perhaps we can't put anything down for his assets either, as the only significant asset he has is equity in the home that he lives in, which as I understand it wouldn't be considered as a liquid asset anyway. Besides that, he has a reasonable mortgage on it and I guess that would only indicate that he has extra outgoings, which would make our financial situation look even less strong.

So does he send in an essentially blank I-134? With a few thousand dollars worth of assets like his little boat, or computers, and things like that?

And with the co-sponsor, I would guess that she earns something in the $30-40K range - with only herself and me to count as household members - what should we ask her to do? Should she list her home and assets as well? She would also have a significant mortgage being paid off I think. Or would she just put down her income and that would be enough?

Thanks for your help,

Riss.

riss

Female

Australia

2012-11-22 03:21:00

Medical Test

Wow, that's great. Thanks for that extra info, Juan and Kay - I had seen someone refer to the i-693 and DS-3025 issues in another post but didn't quite understand what they were referring to. I'll make sure to have all this lined up.

Now I just need an emoticon with a little guy holding his palms together and bowing his head. (F)

riss

Female

Australia

2012-12-01 05:51:00

Medical Test

Thanks again Kay, you're really wonderful. I'm starting to think you ought to set up a consultancy! (F)

riss

Female

Australia

2012-11-29 02:59:00

Medical Test

Hi all, I just have a question about the medical test, I've booked in to have mine done next week.

I've read that the test results are usually valid for 12 months, and that at some stage further down the track during AOS, these medical tests are required again - so if anything is incomplete or the results are no longer considered current, I might need to have more medical things done at that point. Can somebody tell me what this involves and when it's likely to happen? If all goes well I expect that I'll be in the US about three months from the time that I do my medical. We'd get married probably within a month or two and then send off our paperwork. Am I likely to be fine as far as medical work then? I'll be having any required vaccinations done here.

Thanks in advance,

(F)

Riss

riss

Female

Australia

2012-11-29 00:19:00

No Cosponsor but Freelance Income?

Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

riss

Female

Australia

2012-12-22 12:17:00

I do not know where you can read it or print it but the I-134 is not a legal document and in the case of the K-1 it is replaced by the I-864 when you adjust status. So the very small risk is very short term.

The I-864 is a guarantee that the government will be repaid for any means tested benefits you receive. Period. That's it. IF you receive means tested benefits and IF the government decides to try and collect the money back and IF the sponsor (your spouse) is unable to pay and IF they decide to pursue it further, THEN they could collect money from the co-sponsor for means tested benefits you received.

Thanks Gary and Alla. Yes, this is what I really want to be able to get across to our potential cosponsors, that it's only like, a few months!!! I just can't find anywhere that that is stated to be the case. The only thing I could find giving a duration of sponsorship responsibilities was this DS-1858 that says the responsibility under an 'affidavit of support' goes for 3 years. Everybody wants to be able to verify what I/my fiance tell them, to their own satisfaction - which is certainly what I'd want to do myself if I were them, so I totally understand it. It would be different if it was like, one of our parents or absolute best buddy who would just trust exactly what we tell them. But these are good friends who would be happy to help, yet want to make sure and have proof that they are not putting themselves or their families at any kind of serious financial risk. It would help so much if there was just one very clear official document that could be handed to prospective sponsors - it would make life so much easier for so many people! But that's my soapbox. Thanks for providing such a clear and concise summary - I appreciate it.

Edited by riss, 22 December 2012 - 06:08 PM.

riss

Female

Australia

2012-12-22 18:05:00

lol, thanks for that Vanessa! I'm glad somebody else knew what I was trying to get at! :lol:

riss

Female

Australia

2012-12-22 17:14:00

Okay, my fiance found something useful on the travel.gov site. It's an information sheet about the i-864, and there's a section on 'means-tested benefits' and it actually lists what they are, and also lists benefits that *won't* be counted as means-tested - including emergency medicaid, which I think is one of the big ones people are scared of. Here's the link in case anyone wants it for future reference.

Jay-Kay, thanks for the googling idea, I'll do that myself and see if I can come up with some helpful pages. :thumbs:

https://docs.google....CTOfNEGMPfjy2gA

riss

Female

Australia

2012-12-22 17:00:00

Sorry Jay-Kay, I posted before I'd found that line in Vanessa's document. It's certainly a piece of written evidence, but the document itself is a bit overwhelming and I can imagine that scaring people off in itself because it's all about the legal stuff intended for immigration officials to be looking at to determine if someone is going to become a public charge... It seems as though there isn't anything that I can actually just hand to the sponsor where they can read clearly and simply what their obligations include - and do not include. I know it is common knowledge amongst all of us that the i-134 isn't too big a deal, but to people new to the whole process who don't have time or inclination to study up on it - it's all just scary to them and we don't know how to overcome that. :huh:

riss

Female

Australia

2012-12-22 16:00:00

Regarding stepping up to the i-864, as Nigeria mentioned, I have cash and part-ownership of a home in Australia, and if these are taken into account at that stage we would have more than enough. It's just that my fiance on his own does not have any assets other than equity in his home. So I believe we will be okay at AOS stage, based on that. That's my thinking anyway, someone please correct me if I'm wrong.

No one will get sued over the I-134. It is not legally binding and the government knows that. Besides, when you adjust status, the I-864 will take the place of the I-134 anyway.

Jay-Kay, that's exactly what we want to get across to people, but how do I prove it to them? All I can say is that people on VJ know all about it and I trust them, lol. It's kind of driving me nuts because obviously I believe what you're saying, but when I'm showing someone a form that tells them they are responsible for my welfare and support and can be sued, and I have no evidence to explain to them exactly what they are or are not responsible for - how do I convince them that it isn't a serious and major undertaking? I can't even find it written down anywhere that their responsibility will cease once I send in my i-864. They just have to take my word for everything - or my fiancé's anyway - and nobody so far has found that quite enough. Our previous cosponsor wanted very much to help but she was just too nervous about how it might affect her finances and credit issues. I had no way to prove anything to her, no basic document outlining what she's actually agreeing to do or not do.

Vanessa, thanks a lot for finding that link. It's kind of massive, that document - it's really designed for immigration officials rather than prospective sponsors, isn't it.

Edited by riss, 22 December 2012 - 03:48 PM.

riss

Female

Australia

2012-12-22 15:44:00

Hi everyone,

Is there anything written down, officially, somewhere that describes the responsibilities of a cosponsor for the i-134 - or for the i-864 for that matter? There are short descriptions in the instructions of each, but I really need something more detailed.

My cosponsor decided to pull out just as we were getting ready to submit Packet 3. My fiance is rushing around to try and find someone else, and we're struggling to explain to people what is involved.

I keep reading here that the I-134 is not binding and no big deal. But it's just so hard to tell anyone that without sounding like we are trying to minimise the seriousness of the matter. They read the instructions on the I-134 which say that they will be liable and can be sued. They're imagining all kinds of things they could be sued for, and I don't even know how to tell them what it would and would not involve. The only written/official information I've found is a DS-1858, 'Sponsor's Financial Responsibility Under The Social Security Act', which says they are responsible for 3 years. It doesn't really work for us to tell them to disregard that - that basically we know better and this really isn't a big deal. They envision all kinds of scenarios, e.g. credit checks being done on them, being denied for loans or mortgages, having to pay my medical bills, etc. I don't know how to prove to them what the scope of the i-134 (or the i-864) actually is. Is there any official document that actually lists clearly what the supposed responsibilities are?

Thanks for any advice,

Riss

riss

Female

Australia

2012-12-22 15:09:00

A good US immigration lawyer?

Oops how rude of me! :blush:

Thank you to all you other guys who answered me - Melissa&Alfredo, Wakey, and Brother Hesekiel. I appreciated all your comments and help too.

I'm feeling hopeful at the moment, had a good talk with my fiance and he is going to renew his efforts to find someone to cosponsor. It helped a lot that we got hold of some documentation that he can show people to indicate what the responsibilities really are - and he was really impressed when I told him about the pdf that Vanessa gave me stating that the i-134 isn't binding. He just didn't know how to approach people when he himself was confused about what the thing meant. So now he's more confident about it and prepared to ask some others. We'll work on pulling together the best case we can with our own finances, and if we can have someone else to back us up that will be ideal.

Thanks so much to all of you. It's been such a huge comfort to have all your help and moral support here to get through this bit. (F)

Riss

Edited by riss, 24 December 2012 - 01:08 AM.

riss

Female

Australia

2012-12-24 01:06:00

A good US immigration lawyer?

What is this about not leaving the country for 2 years? This is completely incorrect. Someone can travel outside the US and re-enter as soon as they have AP or their green card. Once they file for AOS, they will receive the AP in about 2-3 months after filing. Also, her assets would be able to be used on the I-864 for AOS.

Riss, save your money. The lawyer cannot really help you in this situation. He will need to show the required amount for the I-134 or find a co-sponsor that is willing to help. Vanessa&Tony stated that Australia follows the I-134 instructions, which calls for only 100% of the poverty level. Maybe that will help. In another thread of yours she stated he might be able to show proof of his annual income and list his home equity to get you approved. http://www.visajourn...ost__p__5885620

Thanks Kay. (F)

I think you and Vanessa should be named VJ's resident guardian angels.

I think you're right. Vanessa's also given me encouragement to hang in there and not rush off to a lawyer. I guess I was getting a bit overwrought over the last few days and felt like I just couldn't figure it all out anymore. I'm feeling calmer now, much thanks to the help I've received here, and I think you're right that the lawyer probably wouldn't be able to do much that I can't. We're going to keep working on our game plan along the lines that you've both suggested. I didn't realise that Australia only needs 100%, that makes it even easier for us then? If we are only trying to meet $15K instead of $19K, that's quite hopeful.

riss

Female

Australia

2012-12-23 04:21:00

A good US immigration lawyer?

Hello everyone,

I'm just writing to ask if anybody knows a good immigration lawyer. My co-sponsor for the i-134 just pulled out and my fiance and I are left not sure what to do. We don't really have anyone else to co-sponsor, but he has some freelance income from the past 6 months, and I have some assets, which might just be enough if we can present it all properly and if they are wiling to take my things into account - but I feel like I really need some professional advice at this stage. I was hoping for a lawyer who would work with me on an hourly consultation basis, seeing as I have all my paperwork more or less together and just need some clear answers and directions on a number of points. So far I have one lawyer who comes highly recommended but will charge me $2000 just to get me through the packet 3 to interview/visa approval. Can anybody here recommend someone to me? Please send me a PM if you can help - I imagine we're not meant to provide public promotion of anyone's services here on the forums.

Thanks,

(F)

Riss

riss

Female

Australia

2012-12-22 05:46:00

Affidavit of Support

thankyouuuu :thumbs:

Heysofia

Female

Australia

2012-04-06 17:33:00

Affidavit of Support

Ok so my partner at the moment has been searching for a job, so for now we've asked his mum to sponsor us for a K-1 and she said yes

I know that the poverty line for 5 people(including me) in the house is $33,762. His mum earns $36,000 a year but after tax it's $31,000.

So 2 questions:

1. Do the visa people count the before tax income or do they count the income that's after tax for the Affidavit of Support?

2. If it is the after tax amount that they count so there's a shortfall of $2762, if I put $8286 in her bank account, that's 3x the income loss made up in assets, will that count and cover the loss? Or can the assets count from being over in my account in australia?(I read somewhere that I can use my assets but I'm not sure if that is true).

Edited by Heysofia, 06 April 2012 - 04:03 PM.

Heysofia

Female

Australia

2012-04-06 15:55:00

After K-1 Approved?

Yea I knew the marriage part because we want to have a proper wedding so I was planning to stay a bit(after getting approved) to book everything ahead because we knew you only have 90days to marry, we were just not sure about how long I HAVE until I have to be in the USA by

But thanks

Heysofia

Female

Australia

2012-08-20 20:07:00

After K-1 Approved?

Oh ok, cool! Thanks everyone for your help :thumbs:

This is a great website to get help with the visa process

Heysofia

Female

Australia

2012-08-20 20:03:00

After K-1 Approved?

Just wondering that after the interview and everything and your k-1 visa gets approved, how long do they give you to move to the USA? Do you have to move instantly over there or do you have a couple of months?

Thanks

Heysofia

Female

Australia

2012-08-20 19:21:00

assembling i-129f packet

No originals, only use photocopies(she'll need the originals). We had a table of contents for ours and put post-it notes at the top so the officer could find everything easily. Photos were in a hardened envelope saying "photos"

Edited by Heysofia, 24 August 2012 - 04:20 PM.

Heysofia

Female

Australia

2012-08-24 16:16:00

thanks everyone

Heysofia

Female

Australia

2012-08-28 20:56:00

*i'll be in oregon*....

Heysofia

Female

Australia

2012-08-27 22:46:00

well what i mean is do i need a SSN to get married in america?

Heysofia

Female

Australia

2012-08-27 22:43:00

I was reading the K-1 visa flowchart and it had for its order:

- Apply for social security number(SSN)
- Apply for marriage certificate
- Get married

....does this mean you cannot get married without a SSN?

Also how do you "apply for a marriage certificate"? I don't know much about the logistics behind marriage so i didnt know you needed one

Heysofia

Female

Australia

2012-08-27 22:33:00

Can you change the interview date??

As far as I know you can get your police cert. while overseas(my mum got a NZ one while in aussie, she ordered it so you may be able to for aussie certs.). I did read somewhere on the forums though someone mentioning that the police cert. for aussie was longer to get because fingerprints are required(?), again im not quite sure but hopefully someone will answer you soon

Search the forums and you might be able to find something.

Edited by Heysofia, 29 August 2012 - 05:39 PM.

Heysofia

Female

Australia

2012-08-29 17:38:00

Can you change the interview date??

You'll need to do your medical in aussie and it has to be close dated to your interview

Heysofia

Female

Australia

2012-08-28 21:05:00

70-page application?

OP there is no need for you to be saying members are "joking" about your situation and then being harsh to them, they are just giving their advice. To be realistic, expedites are only really given in life or death situations, the USCIS isn't really going to care too much about the fact that you may lose out on a few grand. The way they see it, if you're committed to this, then you're committed to any losses along the way. The beneficiary is giving up EVERYTHING in their country, so I don't think they're going to think much on the US citizen losing out on a bit too.

So yes, there MAY be a small chance that it will be approved, but as our experience goes on this site, they have only seem to be approved for life or death situations. If you do get approved that's great

It will be good knowledge for VJ too to see a case like this approved.

Edited by Heysofia, 04 September 2012 - 05:58 PM.

Heysofia

Female

Australia

2012-09-04 17:53:00

Case status info

Ohhhhhh ok, will do that, thanks

Yea I know a touch doesn't mean much, but it's nice to know that someone has touched our case and it's one touch closer to an approval each time

Heysofia

Female

Australia

2012-09-12 07:13:00

Case status info

Oh, yea I know that

(my timeline stats say I should be approved around end of november because of quick california processing times, by the way) But people say they get "touches" and note it on their profiles/timelines but I was wondering where on the USCIS site you find where you've had a "Touch".

Heysofia

Female

Australia

2012-09-11 22:59:00

Case status info

Ok so I put in my receipt number and it says its in "Initial Review", the second bubble thing, and to the left side it says "Your Case Status: Initial Review"....

I'm just wondering if when your case gets a "Touch" if it shows up on this? I'm just not sure where people get the "touch" info etc.

If you could tell me where to find this info, or if the left side case status is where it will come up with "Touched", it would be greatly appreciated. :thumbs:

Thanks

Heysofia

Female

Australia

2012-09-11 18:56:00

Question about applying for K1 visa while US citizen is a student progressing to college

You can go to college as soon as you go over, look into the college/university you want to go to. Only issue is how much it will cost you. For me the university that I want to go to, if I go there straight away they will charge me as an "International Student", which is about $30,000 a year :blink:

But if I wait a year, THEN apply, then I get charged as a resident and it drops to about $9000 (which obviously I'm gonna do hahaha, so I'm gonna wait it out and save up more money)

So look into your colleges guidelines on that and see what rates they will charge you at.

Also, your reply to nich-nick, the point of a co-sponsor is to ensure that you do not become a public charge to the US government, eg. dole payments, food stamps etc. So they want to make sure that the income covers 125% of poverty guidelines to make sure you don't.

Heysofia

Female

Australia

2012-09-13 21:38:00

Question about applying for K1 visa while US citizen is a student progressing to college

I'm in the same boat as you, I'm 19(soon) and my fiance is 21. As far as age goes with a visa, age is never really a problem because if you're 18 then your more than welcome to do the visa. At your interview(end of process) they may ask you if you think that you guys are a bit young to be married, but as long as you show that your committed to it then your fine

Co-sponsor should be fine, you just have to prove that you are able to support the household and be 125% over the poverty line, we are getting my fiance's mother to sponsor us as we both want to be doing our college soon when I finally move over. Every embassy is different, most Iv'e heard prefer that you use a family member to sponsor you as they see a friend as not a reliable sponsor, so as long as her mother's income/assets can cover you all then there will be no problem there.

Hopefully some more people will respond who have more of an input on the college situation, I do remember there being a few forum posts on people who are in college and doing this, so search around. Hope you get some more input on the out-of-home sponsor situation too

Heysofia

Female

Australia

2012-09-12 18:55:00

Petitioning for K1 whilst visiting on B2

I would send it when you get back to the UK. Main reason being is that because you need that 2 year requirement proof, its always good to have too much evidence than not enough and include your boarding passes/stamps from that trip too :thumbs:

I was in the USA with my fiance and we did all our paperwork there(to get original signatures and stuff), went home(to AUS), copied my boarding passes and passport stamps and sent back to him then he filed. Plus we weren't too sure about that "currently in the USA" situation on the I-129F either, so we waited until I got back home because we didn't want to mess up the application somehow by writing something wrong in that section

Stayed on the safe side haha :lol:

Heysofia

Female

Australia

2012-09-17 06:33:00

Embassy on I-129F Form

Yea I think there is 3 in Australia

Heysofia

Female

Australia

2012-09-17 17:05:00

Embassy on I-129F Form

Phew, thanks for answering

I was worried for a bit there haha

Heysofia

Female

Australia

2012-09-17 16:48:00