In order to petition for someone's K1 visa or K3 visa (marriage visa) or Relative visa, you must have sufficient income to be a financial sponsor for the person receiving the visa. If not able to meet the requirements, a co-sponsor or joint-sponsor is permitted. This is to assure the petitioned person (beneficiary) does not become a "public charge."
This is accomplished with with form I-134 Affidavit of Support for nonimmigrant visas, or
form I-864 Affidavit of Support for immigrant visas. The gross income requirement for this is determined by the Health and Human Services Bureau Poverty Guidelines.
The required minimum personal gross income (as shown on your latest federal income tax return) must be at least 125% of the poverty guideline for nonmilitary petitioners. Those in the military do not require the extra 25%. There are two kinds of Affidavits of Support.
Such affidavits are not required to be supplied until the visa interview at the end of the visa process, except in concurrent filings.
1) Gross income from employment (before deductions).
2) Net profit from a business (after deductions). (Shown on 1040 Sched. C.)
3) Equity or cashable assets in real estate, money market accounts, boats, retirement accounts, etc. Note: Any equity or assets MUST be cashable within 1 year. Up to 20% of such assets may be used to supplement "income."
4) Cash, savings accounts, and depreciating assets (such as automobiles or home furnishings) are generally not considered. Savings can be cashed out at any time, and cars depreciate in value.
5) Beneficiary spouse or household member's income (for K3, or Concurrent cases only). See details.....
One or more co-sponsors, or Joint-sponsors may be used to supplement a petitioner's lack of income or assets.
Form I-134, used for nonimmigrant visas (K1 fiancés and K3 spouse visas), until the person arrives in the U.S. and applies for change of status from non-immigrant to immigrant visa.
The I-134 Affidavit of Support is a Paper Tiger without legal support, and is "requested" at the time of the K1 visa, or K3 visa interviews. This is basically a "Fishing" document to see if the sponsoring petitioner has the ability to supply an I-864 Affidavit of Support for adjustment or change of status after the K visa beneficiary arrives in the U.S.
The form instructions cite their legal authority as "(8 U.S.C. 1182(a)(15),1184(a) and 1258)." This is NOT a valid legal authority as it is NOT promulgated as a Code of Federal Regulations.
While most U.S. Consulates request this affidavit, it is not required by law. However, at the U.S. Dept. of State admits, they "may" request. The point here is that whomever signs one, is NOT on any legal hook. A co-sponsor is usually accepted in addition to a petitioner's affidavit, if the petitioner cannot meet the poverty guideline level. Without the regulations, there can be no penalty - so says the U.S. Supreme Court. So, co-sponsors can rest.....
Forms I-864, I-864A and I-864EZ used for immigrant visas, Especially the Adjustment of Status, (I-130 relative petition) have legal teeth. See liability. This Affidavit of Support is REQUIRED by law and is valid until:
1) the immigrant pays 40 annual quarters toward their own Social Security;
2) the immigrant obtains U.S. Citizenship;
3) leaves the United States permanently;
4) or dies. (Murder is not recommended. However, a one way ticket to Mars is acceptable.)
When the K1 visa, or K3 visa beneficiary applies for adjustment / change of status, the petitioner becomes the primary sponsor and must supply this I-864 Affidavit of Support in order that the beneficiary can qualify for Permanent Residence.
If the petitioner cannot meet the minimum income requirements of the poverty guidelines, a joint-sponsor may be used.
Asset equity such as the principle amount in real estate, expensive boats, etc., may be used to supplement income. Dividends from investments, money market funds, etc. may also be used to supplement income. But only 1/5th of those funds may be used as supplement of annual income. While such assets are not actually listed as income, the required income is offset by 1/5 of such assets (determined by interviewer from supporting documents).
Form I-864EZ, may be used instead of the common I-864, IF:
1) No children are involved;
2) no assets are used to supplement income;
3) no joint-sponsor is used;
4) petitioner's spouse is not used to supplement income.
Income from Household members, including the primary (K3 spouse) beneficiary, may add form I-864A to the petitioner's Affidavit.
Cashable assets (except actual cash or savings) may be substituted. For example: cashable assets, such as savings bonds, other bonds, stocks, money market accounts, real estate equities, etc., can usually make up for the difference in required gross income or no income at all.
This option is usually acceptable on a prorated basis over five years. To do this, you must prove you have assets that can be converted to cash within one year, that are equal to 5 times the difference of the poverty guidelines, minus your income. For example, lets say you have an annual income of $3,562.50. Subtract this from $13,562.50 (a 1997 125% gross income requirement example). This would leave a difference of $10,000. That would mean you could use $50,000 (remember, 5 times) in cash valued assets to make up for what you lacked in income.
The liability on the I-864 or I-864EZ is that you, and/or joint-sponsor, and/or I-864A household memeber, must reimburse all means tested welfare payments made to your spouse or affidavit supported person. So the liability is next to nothing.
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