ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionI-134 Cosponsor
I'm taking your post and turning it around.

When you say you were 'barely off' - how much?
Rebecca JoFemaleUnited Kingdom2010-03-17 20:24:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?

Look it up yourself if you have doubts. I'm not your unpaid researcher.


I actually have researched it and have not been able to find anything to support the claim. However, I may have been looking in the wrong places.

Is this the new and improved attitude I've been reading about in site discussion?
Rebecca JoFemaleUnited Kingdom2010-03-25 08:29:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?

Consulates are forbidden by law to use the I-864 for a K visa. ALL Consulate process K visa cases through their Immigrant Visa Units.

If income is sufficient, you are better off leaving all asset related questions blank as well as omitting the bank letter.


You have stated previously that consulates are forbidden by law. Can you cite that please?

It makes perfect sense NOT to use the I864, but clarification would be brilliant.
Rebecca JoFemaleUnited Kingdom2010-03-24 19:12:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?

I edited my post with the links. You replied before I hit submit so I didn't see your qn first :P

It looks like Paris sees the K1 as an immigrant visa and so they expect the I-864 to be submitted and the evidence for the I-864.

As i didn't process through Paris I don't know this for sure, just based on posted info, SO please make sure you get the info for both "just in case" and then when you receive P3 it will be tailored to your case and you will have the information needed no matter what they request.


I think this may be wrong, Vanessa.

Just because a consulate processes the K1 through their immigrant visa unit does not automatically mean they will require an I-864. London also processes all K1's through their visa immigrant unit but relies on the I134.

I've never heard of a consulate using the I864 for the K1, although there are unsubstantiated urban legends about the practice.
Rebecca JoFemaleUnited Kingdom2010-03-23 22:03:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?
Read those instructions really closely and analytically.

There's actually no single document listed as mandatory as correlative to proving income.

If a consulate utilizes the form, it will have it's own requirments as to which documents substantiate income.

Few consulates require three years of 1040 as mandatory (New Delhi being one which does).

*edited for typing at work :P *

Edited by JohnnyQuest, 23 March 2010 - 12:34 PM.

Rebecca JoFemaleUnited Kingdom2010-03-23 12:34:00
US Embassy and Consulate Discussionco-signer

QUESTION 1: :unsure: If you make over the poverty line does that mean your okay example: poverty line is 23,000 and you make 28,000 is this okay or not?

QUESTION 2: If you claim someone on tax 2009 as (other) dependant child and they no longer live with you; do you need to put them on AOS?


If you are over the limit, most people will tell you not to bother showing assets. As Jim has alluded, that could vary from consulate to consulate. At a "tougher" consulate, if it were me I would show any assets I had even if my income were above level.

If you have "lost" a dependent who appeared on your 2009 taxes, you can leave them off the household count if you can explain it. If that dependent is a child who married and moved out, prove it. If the dependent passed away, show proof of the death.
Rebecca JoFemaleUnited Kingdom2010-04-02 21:32:00
US Embassy and Consulate Discussionco-signer

To be honest, I'm not sure which law or policy memo spells out how they make the determination as to whether an asset qualifies or not. A quick google search only yielded brief quotes from the I-864 instructions, but no details. It could be that they intentionally don't define it so that USCIS adjudicators and consular officers can have some discretion in determining whether they believe the value of an asset could be made available to support the immigrant.


I'd agree with that.

All other things being equal though, I tend to run with the theory that a cash asset (as opposed to physical asset) will be counted unless the sponsor is deriving income from that asset. And I believe that because I personally have experience with using assets to qualify. You may have a different perspective due to your experience with HCMC and the rigidity of that consulate.

I'd like to add this isn't a quarrel. :P My only purpose is to lend my experience.
Rebecca JoFemaleUnited Kingdom2010-04-02 21:21:00
US Embassy and Consulate Discussionco-signer

I was hoping to find the lengthy memo issued in June 2006 (by USCIS) that clarified adjudication of the I864 (it expands on the instructions).

I've got it bookmarked on my other PC.

I agree the OP is likely OK. And I agree there is wiggle room as you call it. I'd hate though to give readers the impression that their invested assets might NOT be sufficient for an affidavit. My understanding of "hardship or financial loss" has been relying on liquidation of a piece of real estate (especially the family home) or a vehicle. I recall a discussion (quite some time ago) about relying on the value of works of art.

I've always gone with the principal that if it's a "stretch" to liquidate the asset - if it could take either some time or put the family in true financial peril - then it won't fly.


Here's the memo.

http://www.uscis.gov...ppAFM062706.pdf

Here's what the memo has to say about assets:

(5) Part 7 of Form I-864: Use of Assets to Supplement Sponsor’s Income. If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, he or she may show evidence of assets owned by the sponsor, and/or members of the sponsor’s household, that are available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year.

For assets of the intending immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. USCIS should check to make sure that the Form I-864A is completed and signed by the sponsor and the household member.

(A) Evidence of assets. Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;
• Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;
• Evidence of ownership and value of other personal property and dates acquired; and
• Evidence of ownership and value of any real estate and dates acquired.
Rebecca JoFemaleUnited Kingdom2010-04-02 19:31:00
US Embassy and Consulate Discussionco-signer

The exact wording in the I-864 instructions are:

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

I suppose there's some wiggle room for interpretation there. For example, would shares of stock be considered an asset if their current value were significantly less than the basis, but you expected their value in one year to be higher than the basis? My guess would be yes - they are an asset, because there's nothing inherent in the nature of stocks that would require you to incur a loss if you sold them. I could, however, see a consulate or USCIS taking their declared value with a grain of salt, because of the speculative nature of the investment. On the other hand, a 401K would not be considered an asset because you'd be guaranteed to be hit with penalties if you cashed it out.

Anyway, she says she thinks it's cash in the bank, so there should be no problems. :thumbs:


I was hoping to find the lengthy memo issued in June 2006 (by USCIS) that clarified adjudication of the I864 (it expands on the instructions).

I've got it bookmarked on my other PC.

I agree the OP is likely OK. And I agree there is wiggle room as you call it. I'd hate though to give readers the impression that their invested assets might NOT be sufficient for an affidavit. My understanding of "hardship or financial loss" has been relying on liquidation of a piece of real estate (especially the family home) or a vehicle. I recall a discussion (quite some time ago) about relying on the value of works of art.

I've always gone with the principal that if it's a "stretch" to liquidate the asset - if it could take either some time or put the family in true financial peril - then it won't fly.
Rebecca JoFemaleUnited Kingdom2010-04-02 14:26:00
US Embassy and Consulate Discussionco-signer

What do you consider to be a "conventional financial instrument"?

The rules are pretty clear. You need to be able to convert the asset into cash within 12 months without financial loss. If cashing out an investment instrument before maturity will only mean a loss of interest, then that wouldn't be a financial loss. If you're going to lose part of the principal investment, then that would be considered a loss. For example, if you have a CD that carries a 12 month interest penalty for early cash out, and you cash out within the first year, you're going to lose some principal. They don't consider the penalty-adjusted amount as an asset - they consider the entire asset to be unavailable for the purpose of the affidavit.

I agree that the consulate is not likely to ignore $50K in assets, unless they conclude that he can't touch the money for years without incurring a significant loss in principal.


I'm not on my primary computer where I have the bulk of my research.

But I am unaware of any "rule" which indicates a penalty for early withdrawal of a financial instrument would cause it to be dismissed as a viable asset. As I said earlier, if the asset generated claimed income, I can fathom it being considered untouchable.

The only "rule" I am aware of is that the asset must be of the type which it can be easily converted to cash.

*edited for typo*

Edited by JohnnyQuest, 02 April 2010 - 12:43 PM.

Rebecca JoFemaleUnited Kingdom2010-04-02 12:42:00
US Embassy and Consulate Discussionco-signer
Jim, I've never heard of assets held in any conventional financial instrument to be unacceptable.

The only way I would think a consulate would disregard these assets were if the income stated on the affidavit were from interest on these assets.

In this case, the sponsor is short a mere $2000 (approximately) of hitting the income target. I can't imagine a consulate ignoring $50000 cash assets in this case.
Rebecca JoFemaleUnited Kingdom2010-04-02 09:56:00
US Embassy and Consulate Discussioni-134 child support?
Yes, it can be counted if it is continuous and verifiable.
Rebecca JoFemaleUnited Kingdom2010-05-20 06:09:00
US Embassy and Consulate DiscussionAre we likely to get rejected? Updated...

From the additional documents they asked you to submit, it sounds like the only holdup in your case is the "public charge" requirement. Since this is one of the more straightforward requirements, it sounds like your visa is likely to be approved after you submit the requested documents. She probably wouldn't have asked if you wanted to leave your passport unless she intended to approve the visa. If she had any doubts about your relationship, or any other aspect of your case, she probably would have asked for additional evidence.

Unfortunately, not everyone is cut out for a job in public service where they have to interact with people all day. Some people just don't have the personality for it. Unfortunately, it seems a lot of the Americans with abrasive personalities find their way into government service jobs. Perhaps it's because they can't last long in a private sector job with an attitude like that. :whistle:

It's unusual that they asked for an I-864 for your co-sponsor. This is only the second time I've ever heard of an I-864 being requested in a K1 case.

Others have already answered your question about your US friend living in Norway. Domicile in the US is required. The affidavit is difficult to enforce on a US citizen living abroad, and it's not worth much to the US government if it can't be enforced. I'm surprised your fiance can't find anyone who has already filed their 2009 tax return. A lot of people do file for extensions, but most people get refunds from the US government, so there's a strong motive to file early and get the cash.


It's the first time I've ever heard of it.
Rebecca JoFemaleUnited Kingdom2010-06-10 22:13:00
US Embassy and Consulate DiscussionHELP, Losing sleep over K1 sponsor visa (MANILA)
Aimee -

The general rule of thumb is whatever dependents are claimed on the federal income tax return must be shown as household dependants. So yes, now you have to count grandma.

Have you sent your affidavit yet? I think sometimes a cover letters to the affidavit is helpful. To be sure, your fiance will probably tell the CO that you have been in college and are just now entering the work force. I think you should reiterate that fact in a cover letter to the CO. Preparation for life by attending college is certainly a positive thing. It has, after all, gained you a job.

You MAY find that the CO will be happy with your affidavit after all. If not, your have the affidavit of your Mother or Father at hand.
Rebecca JoFemaleUnited Kingdom2010-06-04 12:36:00
US Embassy and Consulate DiscussionHELP, Losing sleep over K1 sponsor visa (MANILA)
Jim - If the petitioner is still gainfully employed at the time of her husband's adjustment of status, out of her probationary period, and earning over the requirements, she should be able to sponsor him without aid of one of her parents. I'm only mentioning this because I wonder about your comment regarding an additional statement from the K1 sponsor that they are willing to sign the I864.

Aimee - If it were me, I'd be kindly asking my employer for another letter removing the word "tempororay". Unless that happens to be the case of course. If you ARE a temporary employee, you of course MUST have someone else for a sponsor.

And Jim - I feel compelled to thank you for another well-written, helpful and kind post to the OP. We need more like you around here. :)
Rebecca JoFemaleUnited Kingdom2010-06-04 06:15:00
US Embassy and Consulate DiscussionI-134

great thanks very much...by chance...may i also ask...my fiance, usc, is retired...the form lists' employed and a few other options but none for retired?? will this be an issue...i would think it be solid, expecially in this economic downturn as far as employment goes....he's guaranteed monthly income.


Income is income. To quote meauxna, it doesn't have to come from a J-O-B job. As long as it's verifiable and ongoing, you should find joy.

And oh - if your sponsor qualifies on income alone, it's not really necessary to show assets. You can if you like, but it's not necessary.
Rebecca JoFemaleUnited Kingdom2010-07-27 16:41:00
US Embassy and Consulate DiscussionI-134

This should be sufficient. You MIGHT want to think about sending pay stubs to JUST TO BE SAFE. Some consulates are asking for pay stubs as well to prove sustaining income because of the economy and the large number of people being laid off from their jobs.

Note: The I-134 only requires ONE year of tax returns. The I-864, required for the AOS, requires three. Unless specifically required by your consulate for some strange reason, this is in the instruction packet with the I-134. If you have them, however, it's just added documentation, which doesn't hurt, but it's not required.


Note: The I-134 doesn't stipulate any number of years tax returns. It doesn't stipulate pay stubs either. In fact, it doesn't say at all what documents are required to prove sufficiency of income.

Different consulates will have different requirements for financial sponsorship. When using the I-134, some consulates will require income tax returns of the sponsor. In many cases, the requirement will be the most recent tax year. Some consulates will ask for two or three years (such as New Delhi).
Rebecca JoFemaleUnited Kingdom2010-07-27 15:17:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support

Hey Johnny,

Thanks for all the great and accurate info. on my question. Is it possible to resend this link http://digital.libra...acrs461/</span> I'm unable to open, error message say's it is corrupted.
I would appreciate it.

Thanks,
Kevin:thumbs: :dance:


Kevin - It opens in Firefox just fine. If you want it from another source, you'll have to wait till I'm on my home PC.
Rebecca JoFemaleUnited Kingdom2010-07-29 10:29:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support

Thank you, Jim. I appreciate your answer and the information to back it up. I will concede the point.


And thank you Jim for convincing Dodi! :lol:
Rebecca JoFemaleUnited Kingdom2010-07-28 09:37:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support
Here's some more reading on this issue.

http://digital.libra...531/metacrs461/
Rebecca JoFemaleUnited Kingdom2010-07-27 16:53:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support

The Affidavit of Support is a legally binding document which may be enforced in Federal or State court, if the sponsored alien receives any means-tested public benefits.

Directly from USCIS.


Does USCIS adjudicate the I-134?
Rebecca JoFemaleUnited Kingdom2010-07-27 14:51:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support
Dodi, I'll give you some other links later from my home PC.

The I-134 is not legally binding.

Really.

What embassies don't require I-134? Every embassy/consulate that I've read about requires it.


Ciudad Juarez for one. The consulate in the Ukraine, for another.
Rebecca JoFemaleUnited Kingdom2010-07-27 14:29:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support
Since it's Tuesday blast-from-the-past day, here's the skinny in a thread with some input from two who rocked.

http://www.visajourn...-134-and-i-864/
Rebecca JoFemaleUnited Kingdom2010-07-27 12:26:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support

You need to go read the instructions and the form itself. The signature is binding.

However, even just taking into account your statement - if they file for a K1, they're going to have to file for AOS as soon as they get married. They'd need the I-864 then anyway.


No, Dodi, it isn't binding.
Rebecca JoFemaleUnited Kingdom2010-07-27 12:23:00
US Embassy and Consulate DiscussionI-134 Affidavit of Support
No, the I-134 is not legally binding in any way.

It's the I-864 (filed for a status adjustment) that binds the sponsor.
Rebecca JoFemaleUnited Kingdom2010-07-27 12:17:00
US Embassy and Consulate DiscussionI-134 and supporting documents

They did come in the mail. It took about a month from the time I mailed in the request for them to arrive. They have my name, address, and SSN on them. I'm concerned about identity theft because with a SSN there's a lot more that can be done than just with a name and DOB. It's not the people at the consulate or embassy I'm worried about but about things between now and then if something gets lost.


Nothing happened while the letter was in transit to you via US Mail.

Get my point?
Rebecca JoFemaleUnited Kingdom2010-12-10 20:28:00
US Embassy and Consulate DiscussionI-134 and supporting documents
How did you get your tax transcripts? Did they come to you in the mail? With your social security number all over them?

I never worried about these things. I was more concerned with getting the job done.

Just my two cents.
Rebecca JoFemaleUnited Kingdom2010-12-09 20:54:00
US Embassy and Consulate DiscussionPolice Certificates
I believe the correct response is any country you have lived in for more than 12 months AFTER you have reached the age of 16.
Rebecca JoFemaleUnited Kingdom2010-12-17 20:48:00
US Embassy and Consulate Discussionwhich tax return would they go by?

This is the second time in the past week I saw this issue come up- sufficient current income but recent tax return not having sufficient income. In the K-1 guides and the FAQ for the Affidavit of Support there is little or no mention of tax returns. Perhaps this should be added in the guides. Unless you are someone that frequents the forums and reads the posts, this could easily be overlooked.


Are you talking about the I-134 affidavit of support and the information for it from the Guides?

If you aren't seeing specific mention about tax return requirements, that is because the instructions for the form don't specify that a tax return MUST be submitted to the consulate with the affidavit.

Whether or not one tax return is required, or none, or three, is a consulate specific issue.
Rebecca JoFemaleUnited Kingdom2010-12-26 17:42:00
US Embassy and Consulate DiscussionExpedite French Background Check?

Yes, I am filing an I-129f petition. Like I said, she sent off the petition. All done except interview.

My question was: is there a way to expedite the French background check? does anybody by chance know. thanks


If you recently filed the I129F petition, then you have plenty of time before the French police report is needed. It is not needed until she has her interview at the consulate, which is normally several months from the date you first file.

Wait - who filed for what and where? Are you the US citizen? Did you just recently file the petition with USCIS in the US? Or has the petition already been approved and your fiance' has sent off her application for a visa at a US consulate abroad?

Edited by Rebecca Jo, 08 February 2011 - 09:26 PM.

Rebecca JoFemaleUnited Kingdom2011-02-08 21:24:00
US Embassy and Consulate DiscussionK-1

If your interview is before April 18th you will not technically be required to have the 2010 because that is when it is due. However, it might be helpful to have your W-2's from this year just in case.


Some consulates violate this "assumption". Consulates in India would be on my list of folks who might indeed want the 2010 tax return.

At any rate, OP, this is one time you might want to just pay up and not file for an extension. You definitely will need the most recent year 1040. You play by their rules this time.

Edited by Rebecca Jo, 14 February 2011 - 12:16 AM.

Rebecca JoFemaleUnited Kingdom2011-02-14 00:15:00
US Embassy and Consulate DiscussionMarriage, Divorce Records and Name Change
Marriage certificates are requested to create a "name trail". It's especially useful to the Consulates with female applicants, who are more likely to have a surname change than a male applicant.

Marriage certificates list the current surname of the parties. Likewise divorce decrees. Consulates use these documents to "match up" the names reported to them on the G325a. Helpful for figuring out several things, such as the requirement that the parties be "free to marry".
Rebecca JoFemaleUnited Kingdom2011-02-13 23:58:00
US Embassy and Consulate DiscussionK-1 Visa - US citizen is behind on taxes

He was self employed for 2009, but not 2008 or 2007, which was explaining on the letter we originally sent in regards to his self employment - that the company he owns was only created in 2009.

I understand what you're saying, but I guess I'm just trying to make sure the OP has everything they need for the upcoming process. I would hate for them not to have all the necessary documents, and a mitigating circumstance come up, and they're left scrabbling trying to find/file all the documents. Better to be over-prepared.


True, but it's also important to have the correct information. Every case is different - as you have just shown us by the example of your husband's self employment. So what pertained to you won't pertain to someone else.

It is good to be prepared. But scrambling for things a person won't need causes stress. This process is stressful enough. The easier we can make it on each other with correct info, the better. :)
Rebecca JoFemaleUnited Kingdom2011-03-02 23:25:00
US Embassy and Consulate DiscussionK-1 Visa - US citizen is behind on taxes
Was your husband self-employed?

USCIS Interoffice Memorandum to adjudicators is crystal clear that only the most recent tax year is required for filing, unless there is mitigating circumstance.
Rebecca JoFemaleUnited Kingdom2011-03-02 23:15:00
US Embassy and Consulate DiscussionK-1 Visa - US citizen is behind on taxes

Your fiance is still the primary sponsor as he is the person petitioning the K-1 for you. He will still need to fill out an I-134, even though he does not meet the requirements. The aunt will fill one out too.


There is only one sponsor at the consular stage. The USC petitioner may (depending on the consulate) have to complete form I-134, but the person with the income will be the sponsor.

Not being up with your taxes is a big problem. The USCIS needs to see the last 3 years worth of tax returns. You will need them for this K-1 process and again when you Adjust Status once entering the US and marrying. He needs to file his taxes ASAP.


USCIS never needs to see any tax returns for a K1 visa. The consulate abroad may wish to see tax returns. Most only require the single most recent year. A few consulates require three years.

When adjusting status, only the single most recent tax return is required, unless the sponsor happens to be self employed.

Adding - USCIS won't know or care that he filed his taxes late, so long as they filed and he submits the returns with the I-129.


No tax returns are required when filing form I-129F.
Rebecca JoFemaleUnited Kingdom2011-03-02 22:58:00
US Embassy and Consulate DiscussionIs it common to do a drug test during the medical exam?
Doesn't matter a whole lot whether they do or they don't.

The medical questionnaire which must be completed by the beneficiary asks whether or not the beneficiary has ever used illegal drugs.

The question must be answered truthfully.
Rebecca JoFemaleUnited Kingdom2011-03-02 23:00:00
US Embassy and Consulate DiscussionUNEMPLOYMENT BENEFITS
Steve -

People are wanting to know two things -

Did you show the unemployment income on your affidavit?

Did you submit your affidavit with your sister's? In other words, did Margie hand them 2 affidavits?

Hello, I also am unemployed. However, I didn't list my unemployment as income, I only used my savings. I was unable to get a cosponsor. I am curious, did they accept your cosponsor or did you list your unemployment as income. Our interview is only 14 days away and I am really concerned about this. My income is only $770 per month not counting unemployment. I do have about $100, 000 in savings, stock market, and in property and was hoping that would help. How much longer do you have on unemployment if they used that. Mine is due to end in 2-3 months. Thanks, Jim


Jimmy, how much of this is cash? How much is stocks? How much is property?

Edited by Rebecca Jo, 29 March 2011 - 08:19 PM.

Rebecca JoFemaleUnited Kingdom2011-03-29 20:19:00
US Embassy and Consulate DiscussionUNEMPLOYMENT BENEFITS

WE WERE APPROVED!!!!


Many congratulations!

Your original post was in December. Can you tell us - has your situation changed? Are you working now? Did someone else sponsor your fiance? Did the unemployment benefits come into the equation in any way? Did you show them on an affidavit?

Pardon all the questions, but I think this is an important issue for many right now, and your experience would be illuminating for them.
Rebecca JoFemaleUnited Kingdom2011-03-25 17:44:00
US Embassy and Consulate DiscussionUNEMPLOYMENT BENEFITS
It's pertinent.
Rebecca JoFemaleUnited Kingdom2010-12-11 21:18:00
US Embassy and Consulate DiscussionUNEMPLOYMENT BENEFITS

That's technically correct. Cosponsor is a term coined to describe the second sponsor, not an official government term. I find the communication tool to be useful, particularly with Manila cases because Manila actually uses the term cosponsor when they tell you they won't accept one. :thumbs:


Well then Manila is speaking incorrectly. I'm surprised you are following their bad example.

After all, correct terminology is everything, right?
Rebecca JoFemaleUnited Kingdom2010-12-09 20:45:00