-James

I am an American looking into filing for a fiancee visa for a filipina woman I finally met after 3 years of communication.
One of the requirements is an Affidavit of Support. I can understand this requirement if sponsoring someone for a tourist
visa, because government doesnt want to become responsible for the tourist during his/her stay. But for a finacee visa? From
what have read, a fiancee visa is good for only 90 days, which the fiancee must marry or go back to their home country. I am
a mid 30's man who is employed, owns a car, rents a house etc, paying child support and am pretty much just getting by. How
steep are these requirements for the Affidavit of Support for a fiancee visa? I dont want to spend the money to file, wait
and hope for months for an approval only to be told I dont make enough money. I find it a bit rediculous that an Affidavit of
Support is required for a finacee visa, since if we do marry, her and I both plan on her working so we can pool our incomes
for a better life.

Any suggestions or info on this?

Thanks in advance!

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Ray

[You are supposed to be decided on marriage before you apply for the
K-1 visa ... its not for a test run ...

It is presumed you have actually met up ...that is a requirement

If there is just the two of you in the household you need a $16500
minumum income..

Noorah101

Form I-134 is the affidavit of support used for the fiance visa. There is no fee for filing this form. Your fiancee will bring it to her interview with her, to show that she indeed has a fiance who meets the financial requirement in the USA. So if she doesn't get her visa approved, you won't lose any filing fee money for the I-134...there isn't one.

Ray has given you the amount you need to be earning if it's just you and your wife in the household (it will be higher if you have a bigger household), so you will know ahead of time if you meet the requirements or not...no surprises at the last minute as you seem to think (you are worried about "only to be told at you don't earn enough money". You will know ahead of time if you make enough or not. Go to www.uscis.gov and look at the I-134 or I-864...there is a link there to the income requirements).

You are correct that she's only authorized to come here for 90 days at first. Once you marry, the I-134 is finished. After you marry, you will use a different affidavit of support for her AOS, it will be form I-864. This one is a legally binding contract between you and the US government, and divorce does not make the I-864 null and void. You will be her financial sponsor until she meets one of the criteria (listed on the I-864...which could be never...), and divorce doesn't take that responsibility from you. It could be true that she will work and help contribute to the income once in the USA, but it's really YOUR income that will count on the I-864. It's doubtful she'll be working soon enough to be included on the I-864 when it's time to file her AOS. But, if you made enough to cover the I-134 for her fiancee visa, it will be enough to cover the I-864 as well....they use the same income requirements.

So if you are worried about the Affidavits of Support, think carefully about whether you want to continue. The I-864 is a big responsibility.

Best Wishes,
Rene

tally27

By income requirements, do they mean money you may have saved, or money that will actually be brought in by a salary etc? I'm in the midst of a fiancee visa issue too, my partner works and we've both been saving up money...

Just Jenney

The fiance(e) must only go back to their home country within 90 days if they end up NOT marrying their USC sponsor. While that sometimes happens, I would wager that most people who go down the K1 path DO end up marrying within 90 days. These same people end up filing for adjustment of status so that their new spouse can remain in the US and become a permanent resident, and possibly obtain US citizenship a few years later.

The K1 is not a "let's-get-you-here-and-see-how-things-go-and-then-possibly-get-married" visa. It's a visa specifically for fiance(e)s of USCs, where BOTH parties not only have the intention to marry within 90 days, but must submit a written statement of intent to do this with their I-129F petition. If one or both of you is not at that stage, then getting a K1 visa is premature.

A tourist is someone who is just here visiting. They don't live here. A K1 recipient is someone who has the opportunity to apply for permanent residency and remain here, theoretically, for the rest of their lives. They wouldn't be able to do that without someone sponsoring their visas. Tourists don't need visa sponsors. Big difference.

Plus, when was the last time you heard of a tourist applying for means-tested welfare benefits?

Are you saying that you would enter the crazy world of immigration without preparation or educating yourself first? If so, you are NOT ready for immigration.

There are countless resources right at your fingertips. Use them. Start with USCIS.gov and Google. Also search this forum.

If you don't want to do the affidavit of support, there is a simple solution: Move to the PI and live there. Problem solved.

Otherwise, you are sponsoring and bringing a foreigner into the United States with the intention of having her live here indefinitely. As such, you need to satisfy the US government that the beneficiary of your sponsorship -- your fiancee -- will not become a public charge.

Don't assume that she'll be able to work right away, because she probably won't. In fact, she probably won't be able to work for at least 2-3 months, and that's if everything goes well. The district offices no longer provide interim EADs, so she'll have to wait until she has her one-year EAD in hand before she can work legally.

Sorry, not trying to sound all gloom and doom, just being realistic.

~ Jenney

Noorah101

They are talking about the USC's current income. There is a minimum income requirement which uses a poverty guideline. if you go to www.uscis.gov and look up form I-864, there will be a link which will show you how much you need to earn per year, to qualify.

You can use savings, but the ratio is different. You will need to have 3x the amount required, in savings. So for example, if your minimum *income* requirement is $20,000 a year, then you will need to have $60,000 in savings to compensate for that if you don't earn that much. You can also use liquid assets such as your home.

Rene

cranners99

the 3x rule is only for spouses or children of USC. For others (eg fiance(e), sibling) it is 5x or $100,000 in your example.

Cranners

meauxna

4-6 months of no work is even more realistic these days.

ian-mstm

What do you mean "...if we do marry"? If you're not prepared to marry her within 90 days of her entry to the US, you're not fully prepared for what lies ahead. If you're not sure you want to marry this woman, you should not pursue a K-1 visa at this time.

As for working, I came to the US on a K-1 visa... and I was out of work for 4 months before finding a part-time position - and I already spoke English fluently, was familiar with the customs and culture, and had both an undergraduate and graduate degree. It was 7 months before I found a full-time position.

Ian

tally27

If you already had a job waiting for you in the US, would you be able to start doing so immediately with a K-1?

ian-mstm

In the first place, sponsoring a fiancee is done using form I-134 which has no asset restriction. In the second place, by the time the I-864 comes into play, the fiancee is already a spouse... and so is covered by the 3x assets allowance.

Ian

ian-mstm

In an ideal world - yes, although you'd still need a SSN (or proof of filing) which takes about 2 weeks to get. However, in the real world, most employers will not accept the visa as a valid employment document. However, the K-1 beneficiary is authorized to work from day one incident to their status.

Ian

meauxna

The SSA relies on the USCIS to enter the POE information into a database in a timely fashion. This doesn't always happen. However, you do not have to wait to start working if you are employment authorized.

Employers may hire candidates who have applied for, but not yet recieved, their Social Security Card.

http://tinyurl.com/3aqah6
Do legal aliens need a Social Security number to work?

Question
We are a company who is hiring legal aliens without Social Security numbers. Do they need a number to work, or just a work permit?

Answer
You are required to get each employee's name and Social Security number and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. The employee is required to show the card, if available. You may, but are not required to, photocopy the Social Security card if the employee provides it.

A non-U.S. citizen employee who does not have a Social Security number may apply for one by completing Form SS-5, Application for a Social Security Card. To apply for a card, he or she will need to complete Form SS-5 which is available for download. Or they may obtain Form SS-5 by calling 1-800-772-1213 or visiting the local Social Security office.

The employee will need to submit Form SS-5 with evidence of age, identity and current authorization to work from the Department of Homeland Security (DHS). (The application cannot be filed by the employer.) The immigration document may be acceptable as evidence of both identity and authorization to work in the United States. All documents must be either originals or copies certified by the issuing agency.

To apply for a replacement card, the employee will need to submit Form SS-5 with evidence of identity and current authorization to work from the DHS. We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

If the employee is a noncitizen, we must verify their documents with the (DHS) before we issue a card. We will issue the card within two days of receiving verification from DHS. Most of the time, we can quickly verify documents online with DHS. If DHS can't verify the documents online, it may take several weeks or months to respond to Social Security's request.

Employers may hire foreign workers who have applied for and are waiting to receive Social Security numbers and cards. The employee may work while the Social Security number application is being processed. If your employee applied for an SSN but does not have it when you must file Form W-2, enter "Applied for" on the form. When the employee receives the SSN, file Form W-2c, Corrected Wage and Tax Statement, to show the employee's SSN.

Note that these are SSA's instructions to employers.

-James

Wow, thanks for all the replies! You have all been very helpful, but I have a few more questions based on the new information
you have given me..

Ray, where did you find the amount of $16,500 for just the two of us? And as I mentioned, I pay child support for two
children who dont live with me (but I see every other weekend). I also looked at the I-134 for, and it asks for "Persons who
are dependant on you for support". Would my children who don't live with me be, or the child support I pay for them be
factored into the $16,500 amount?

Rene: I didnt see a link for other amounts if indeed my children who dont live with me, or the amount I pay for them in child
support is factored in. Also, I saw on the I-134 that is asks for banking information. My paychecks get deposited into my
bank, but at the end of each month my checking account is near zero, because I usually spend most if not all of it on bills,
living expenses and fun things for my children. So, is my income the only thing they really worry about, or do they look for
how much you have left at the end of the month?

It also wants to know assets, I own my own car is about 8 years old now and worth around 7,000. Would that be considered an
asset? What about household things, are they assets? Or are they just interested in land, houses etc. I currently rent a
house with a roomate, so I dont have a mortgage or anything to list.

I do expect to marry my fiancee if things get approved, and I dont expect her to be able to work right away. I had figured
probably around 4 to 6 months before she can start working. She has a bachelors degree in business and speaks fluent english,
so I figure once she can work it wont take long for her to get a decent job here. I myself make around 22,000 a year, Im not
rich, and usually dont have much left over at the end of the month after child support and bills. Do you think that they will
focus on that fact, or just look at my yearly income? Also, is that gross or net income?

I did read the rest of the replies, and thank you for posting them. I dont mean to leave anyone out, but the questions above
were the first ones I thought of after reading the replies, and the ones I am concerned most about.

Any help is much appreciated!

On Sat, 24 Feb 2007 10:05:37 +0000, Noorah101 <[email protected]> wrote:

>
>> I am an American looking into filing for a fiancee visa for a filipina
>> woman I finally met after 3 years of communication.
>> One of the requirements is an Affidavit of Support. I can understand
>> this requirement if sponsoring someone for a tourist
>> visa, because government doesnt want to become responsible for the
>> tourist during his/her stay. But for a finacee visa? From
>> what have read, a fiancee visa is good for only 90 days, which the
>> fiancee must marry or go back to their home country. I am
>> a mid 30's man who is employed, owns a car, rents a house etc, paying
>> child support and am pretty much just getting by. How
>> steep are these requirements for the Affidavit of Support for a
>> fiancee visa? I dont want to spend the money to file, wait
>> and hope for months for an approval only to be told I dont make enough
>> money. I find it a bit rediculous that an Affidavit of
>> Support is required for a finacee visa, since if we do marry, her and
>> I both plan on her working so we can pool our incomes
>> for a better life.
>>
>> Any suggestions or info on this?
>>
>> Thanks in advance!
>>
>> --
>>
>> .................................................. ...........
>> > Posted thru AtlantisNews - Explore EVERY Newsgroup <
>> > http://www.AtlantisNews.com -- Lightning Fast!!! <
>> > Access the Most Content * No Limits * Best Service <
>
>Form I-134 is the affidavit of support used for the fiance visa. There
>is no fee for filing this form. Your fiancee will bring it to her
>interview with her, to show that she indeed has a fiance who meets the
>financial requirement in the USA. So if she doesn't get her visa
>approved, you won't lose any filing fee money for the I-134...there
>isn't one.
>
>Ray has given you the amount you need to be earning if it's just you and
>your wife in the household (it will be higher if you have a bigger
>household), so you will know ahead of time if you meet the requirements
>or not...no surprises at the last minute as you seem to think (you are
>worried about "only to be told at you don't earn enough money". You
>will know ahead of time if you make enough or not. Go to www.uscis.gov
>and look at the I-134 or I-864...there is a link there to the income
>requirements).
>
>You are correct that she's only authorized to come here for 90 days at
>first. Once you marry, the I-134 is finished. After you marry, you
>will use a different affidavit of support for her AOS, it will be form
>I-864. This one is a legally binding contract between you and the US
>government, and divorce does not make the I-864 null and void. You will
>be her financial sponsor until she meets one of the criteria (listed on
>the I-864...which could be never...), and divorce doesn't take that
>responsibility from you. It could be true that she will work and help
>contribute to the income once in the USA, but it's really YOUR income
>that will count on the I-864. It's doubtful she'll be working soon
>enough to be included on the I-864 when it's time to file her AOS. But,
>if you made enough to cover the I-134 for her fiancee visa, it will be
>enough to cover the I-864 as well....they use the same income
>requirements.
>
>So if you are worried about the Affidavits of Support, think carefully
>about whether you want to continue. The I-864 is a big responsibility.
>
>Best Wishes,
>Rene


--

.................................................. ...........
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> http://www.AtlantisNews.com -- Lightning Fast!!! <
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Ray

http://aspe.hhs.gov/poverty/06poverty.shtml

Remember you have to be at 125% of the amount listed ..
Can you really afford to get married ..It seems not ..