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K-1 and affidavit of support

K-1 and affidavit of support

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Old Jan 10th 2014, 1:24 am
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Default K-1 and affidavit of support

Hi, everyone.

I am a U.S. citizen and my fiance is a U.K. citizen. We are getting ready to file form I-129f. I have read at http://london.usembassy.gov/faffidavit.html that the consulate in London does not require us to file an affidavit of support. However, we must establish, to the consular officer's satisfaction, that my fiance won't become a public charge.

Currently my income is pretty low. However my fiance has a greater income and more savings than I do. Could we get away with just having him bring in his bank statements and other financial info and not bring in any of mine? Can anyone offer their experiences?
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Old Jan 10th 2014, 1:30 am
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Default Re: K-1 and affidavit of support

Originally Posted by merrodri
Could we get away with just having him bring in his bank statements and other financial info and not bring in any of mine?
Yes. It will be up to the ConOff to decide if the amount in his savings (or other assets) is enough to overcome becoming a public charge in the USA. His income probably won't be helpful unless it's going to continue from the same source inside the USA after his arrival.

Make sure you also look into the I-864 Affidavit of Support for his adjustment of status after marriage. You must still complete an I-864, but if your income is not enough, you can use assets or a joint sponsor.

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Old Jan 10th 2014, 11:31 am
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Default Re: K-1 and affidavit of support

The intent of the K1 is to marry and immigrate - so the job of the alien is not going to be strong evidence since they cannot work there after entering the US!

Savings are far stronger.
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Old Jan 10th 2014, 2:14 pm
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Default Re: K-1 and affidavit of support

Can the fiance show his retirement savings?
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Old Jan 10th 2014, 2:20 pm
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Default Re: K-1 and affidavit of support

Originally Posted by merrodri
Can the fiance show his retirement savings?
Yes, as long as those funds will be immediately available to him once he moves to the USA.

If it's some kind of fund where he can't draw the money out for another 10 years or so...then no.

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Old Jan 10th 2014, 4:43 pm
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Default Re: K-1 and affidavit of support

Originally Posted by merrodri
Currently my income is pretty low. However my fiance has a greater income and more savings than I do.
It may simply be easier to find another sponsor - rather than worry about endless permutations of what might be acceptable or sufficient.

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Old Jan 10th 2014, 5:38 pm
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Default Re: K-1 and affidavit of support

Originally Posted by merrodri
Hi, everyone.

I am a U.S. citizen and my fiance is a U.K. citizen. We are getting ready to file form I-129f. I have read at http://london.usembassy.gov/faffidavit.html that the consulate in London does not require us to file an affidavit of support. However, we must establish, to the consular officer's satisfaction, that my fiance won't become a public charge.

Currently my income is pretty low. However my fiance has a greater income and more savings than I do. Could we get away with just having him bring in his bank statements and other financial info and not bring in any of mine? Can anyone offer their experiences?
The way your post's written, it suggests you may be sending the I-134 with your I-129F petition. The I-134 isn't needed until your fiancé's interview in London. This will be several months after you send off your I-129F petition. If you're just asking so you can prepare ahead of time, carry on. I'm all for being prepared!
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Old Jan 10th 2014, 5:45 pm
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Default Re: K-1 and affidavit of support

Originally Posted by technolog
The way your post's written, it suggests you may be sending the I-134 with your I-129F petition. The I-134 isn't needed until your fiancé's interview in London. This will be several months after you send off your I-129F petition.
Quite right... good catch!

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Old Jan 11th 2014, 2:29 am
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Default Re: K-1 and affidavit of support

Correct, I am aware that the I-134 isn't sent in with the I-129F. I'm just trying to get my ducks in a row and this was one of the things I was nervous about.
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