Chris

Hi, in a nutshell, my fiance has been in school for the past 4 years, is
there anyway to avoid the affidavid of support as he has not been working.
We wanted to start the K1 and have approval for me to go to the US (I'm in
Canada) as soon as he graduates, so he'll be just starting to work when he
graduates. We don't have anyone that can co-sponsor so that's why I'm
asking if there's any way to avoid the affidavid of support.


Chris.

[email protected]

No.
If it could be avoided, what would be the purpose of having it?

Chris wrote:
    > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > there anyway to avoid the affidavid of support as he has not been working.
    > We wanted to start the K1 and have approval for me to go to the US (I'm in
    > Canada) as soon as he graduates, so he'll be just starting to work when he
    > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > asking if there's any way to avoid the affidavid of support.
    > Chris.

Chris

Gee, I don't know Mrtravel, what's the point of replying to messages where
people are needing help and being a jerk about it?

Obviously I was asking if there was another way about getting all this done
without the K1 visa, maybe a K3? If I go there and we get married when we
apply for adjustment of status he'll have been working already so would that
make a difference? How soon does one have to apply for adjustment of
status, any idea? Does anyone have any ideas or thoughts please?
wrote in message
news:[email protected]
t...
    > No.
    > If it could be avoided, what would be the purpose of having it?
    > Chris wrote:
    > >
    > > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > > there anyway to avoid the affidavid of support as he has not been
working.
    > > We wanted to start the K1 and have approval for me to go to the US (I'm
in
    > > Canada) as soon as he graduates, so he'll be just starting to work when
he
    > > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > > asking if there's any way to avoid the affidavid of support.
    > >
    > > Chris.

A-Lee

Even with a K3, it must be filed too. I see no way around it and if there
is, no one has found it yet.


"Chris" wrote in message
news:xZei9.369396$f05.18-
[email protected]...
    > Gee, I don't know Mrtravel, what's the point of replying to messages where
    > people are needing help and being a jerk about it?
    > Obviously I was asking if there was another way about getting all this
done
    > without the K1 visa, maybe a K3? If I go there and we get married when we
    > apply for adjustment of status he'll have been working already so would
that
    > make a difference? How soon does one have to apply for adjustment of
    > status, any idea? Does anyone have any ideas or thoughts please?
    > wrote in message
    > [url="news:[email protected]"]news:[email protected][-
    > /url]...
    > > No.
    > > If it could be avoided, what would be the purpose of having it?
    > >
    > > Chris wrote:
    > > >
    > > > Hi, in a nutshell, my fiance has been in school for the past 4 years,
is
    > > > there anyway to avoid the affidavid of support as he has not been
    > working.
    > > > We wanted to start the K1 and have approval for me to go to the US
(I'm
    > in
    > > > Canada) as soon as he graduates, so he'll be just starting to work
when
    > he
    > > > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > > > asking if there's any way to avoid the affidavid of support.
    > > >
    > > > Chris.

L D Jones

Chris wrote:
    > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > there anyway to avoid the affidavid of support as he has not been working.

No, there is no way to avoid it

    > We wanted to start the K1 and have approval for me to go to the US (I'm in
    > Canada) as soon as he graduates, so he'll be just starting to work when he
    > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > asking if there's any way to avoid the affidavid of support.

The USC must file an affidavit and a co-sponsor is necessary if the
income is not sufficient. The co-sponsor can be any US citizen or
permanent resident who lives in the US

Niraj Agarwalla

"Chris" wrote in message news:...

    > Gee, I don't know Mrtravel, what's the point of replying to messages where
    > people are needing help and being a jerk about it?
    > Obviously I was asking if there was another way about getting all this done
    > without the K1 visa, maybe a K3? If I go there and we get married when we
    > apply for adjustment of status he'll have been working already so would that
    > make a difference? How soon does one have to apply for adjustment of
    > status, any idea? Does anyone have any ideas or thoughts please?
    > wrote in message
    > [url="news:[email protected]"]news:[email protected][-
    > /url]...
    > > No.
    > > If it could be avoided, what would be the purpose of having it?
    > >
    > > Chris wrote:
    > > >
    > > > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > > > there anyway to avoid the affidavid of support as he has not been
    > working.
    > > > We wanted to start the K1 and have approval for me to go to the US (I'm
    > in
    > > > Canada) as soon as he graduates, so he'll be just starting to work when
    > he
    > > > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > > > asking if there's any way to avoid the affidavid of support.
    > > >
    > > > Chris.

There is no real away to avoid the Affadavit of Support.

K1 and K3 visas require a I-134 Affadavit of Support, and when you
file AOS in the states you will need to file I-864.
Regardless , he will have to produce an employment letter or evidence
he is self-employed. If not, he must have enough liquid assets--
stocks, bonds, bank accounts-- to support you. He must also produce
three years worth of tax returns, which is not necessary for I-134
(depends on embassy or consulate) but it is for I-864.

Best bet for you would be to come on a K3, this will give you at least
two years (can be extended for another two years) before you have to
file AOS.

Though the K1 is faster, but you must get married within 90 days and
file for AOS soon after that.

Spirit

Hey Chris,
I really dont' think you can. I think that the Affidafit of Support
is to prove that your spouse can support you, or vise versa. To show
that you're not going to go on Welfare and what not when you get
there. They want to make sure that he's earned a certain amount of
money in the past 3 years I believe it is. You really should find a
means of support. Like his parents maybe? Or another family member?
Someone like that. But it is necessary for that form to be filled
out. My husband and I didn't go throught he K-1. Im from Canada and
he's here in the US. We just sort of got married, and now we're
applying for all the paper work. We still have to do the Affidafit of
Support even though we didnt' file a K-1. I think it's in all form
packages...they just need to know how much the US citizen makes and if
he can support you. Hope this helps a bit.

Cindee

Claire23

Hi,

We're on the same situation when my fiance now husband petitioned me on K1. He still student as of now but he included a letter on his affidavit of support that he doesn't have tax returns since he wasn't working while studying. We have a co-sponsor (his father) that time but the consul accepted just his I-134.

-Claire

Bill

You could get a co-sponsor. Any family members willing to do it?

Mike

"Chris" wrote in message news:...
    > Gee, I don't know Mrtravel, what's the point of replying to messages where
    > people are needing help and being a jerk about it?
    > Obviously I was asking if there was another way about getting all this done
    > without the K1 visa, maybe a K3? If I go there and we get married when we
    > apply for adjustment of status he'll have been working already so would that
    > make a difference? How soon does one have to apply for adjustment of
    > status, any idea? Does anyone have any ideas or thoughts please?
    > wrote in message
    > [url="news:[email protected]"]news:[email protected][-
    > /url]...
    > > No.
    > > If it could be avoided, what would be the purpose of having it?
    > >
    > > Chris wrote:
    > > >
    > > > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > > > there anyway to avoid the affidavid of support as he has not been
    > working.
    > > > We wanted to start the K1 and have approval for me to go to the US (I'm
    > in
    > > > Canada) as soon as he graduates, so he'll be just starting to work when
    > he
    > > > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > > > asking if there's any way to avoid the affidavid of support.
    > > >
    > > > Chris.

Anyway you do it you will need Affidavit of Support, allyou can do is
find a co sponser such as Parents or Friends....Mike C

Chris Parker

    > Hi, in a nutshell, my fiance has been in school for the past 4 years, is
    > there anyway to avoid the affidavid of support as he has not been working.
    > We wanted to start the K1 and have approval for me to go to the US (I'm in
    > Canada) as soon as he graduates, so he'll be just starting to work when he
    > graduates. We don't have anyone that can co-sponsor so that's why I'm
    > asking if there's any way to avoid the affidavid of support.

Employer sponsor for H1B and/or employer-sponsored green card. No
affidavit of support necessary for immigration that way.

Also, after accruing 40 qualifying quarters of social security credit
(normally this takes 10 years of work to earn), affidavit of support
is not necessary. Taking this option places a heavier burden on you,
however, because you have to prove in another way that the immigrant
is not likely to become a public charge.

Otherwise, find a co-sponsor!


CP

Marc Sil

I don't know what the folk in Montreal demand. This is from a Department of
State FAQ:

12Q: What about the I-864, Affidavit of Support?

A: K-3 and K-4 visa applicants do not need to submit the Form I-864, Affidavit
of Support, until they adjust status to legal permanent resident in the U.S.
The Form I-134, Affidavit of Support for non immigrant visas, may bee deemed
appropriate by the consular officer.

http://travel.state.gov/kvfaqs.html

Mrtravel

Chris wrote:
    > Gee, I don't know Mrtravel, what's the point of replying to messages where
    > people are needing help and being a jerk about it?

How was I being a jerk?? If the truth hurts, don't come here.
You can get sugar coating from someone else. I prefer the honest, direct
approach.

You can't avoid it, and what is the point of having the affidavit if you
could avoid it if you didn't have enough money???

    > Obviously I was asking if there was another way about getting all this done
    > without the K1 visa, maybe a K3?

You are living in the US...
The purpose of the K1 and K3 are to live in the US.
The purpose of the affidavit is to avoid having immigrants be a
financial burden on the taxpayers.

Harvey Leems

It does NOT "depend on the consulate". You are misreading what you quoted.
That means that instead of an I-864 an I-134 is necessary, as is almost
always the case with every consulate. Anyone know of a consulate that
doesn't require an Affidavit of Support in one form or another?

--
Harvey Leems
"Marc Sil" wrote in message
news:20020919191830.03711.00-
[email protected]...
    > I don't know what the folk in Montreal demand. This is from a Department
of
    > State FAQ:
    > 12Q: What about the I-864, Affidavit of Support?
    > A: K-3 and K-4 visa applicants do not need to submit the Form I-864,
Affidavit
    > of Support, until they adjust status to legal permanent resident in the
U.S.
    > The Form I-134, Affidavit of Support for non immigrant visas, may bee
deemed
    > appropriate by the consular officer.
    > http://travel.state.gov/kvfaqs.ht-
    > ml

Bob Autrey

in article gm%[email protected] .net, Harvey
Leems at [email protected] wrote on 9/21/02 9:28 AM:

    > It does NOT "depend on the consulate". You are misreading what you quoted.
    > That means that instead of an I-864 an I-134 is necessary, as is almost
    > always the case with every consulate. Anyone know of a consulate that
    > doesn't require an Affidavit of Support in one form or another?

I have been told that Moscow does not require any Affidavit. Only tax
returns. Moscow also states this on their web site. I also understand that
they complete the K-1 Visa in such a way as to force one to apply for AOS at
the end of the 90 day K-1. It's at AOS application that an Affidavit is
absolutely required. Makes some sense right??¿¿

Bob