Just Jenney

Hello everyone!

Ok -- quick question: Exactly how long is the I-134 in effect?

Is it until you marry and file for AOS (with the new affidavit, the I-864)? Or is it until you have your AOS interview?

If the I-134 is in effect until your AOS interview, but your interview is 6+ months after you've been married and living together (and, thus, the foreign spouse's assets/income can be considered), can you supply a *new* I-134 in order to have a co-sponsor removed? Or is the co-sponsor on the hook until the AOS interview?

Hope this makes sense.... Thanks in advance!

~ Jenney

Just Jenney

*bump!!*

Anyone got some feedback for me?

~ Jenney

Rete

I don't recall that it has every come up for discussion before since it is not enforceable. Even if you were to go on the dole, there is little the government can do with just the I-134. At least that is my understanding.

Rete

Mrs_blackross

"Rete" wrote in message
news:[email protected]...
    > I don't recall that it has every come up for discussion before since it
    > is not enforceable. Even if you were to go on the dole, there is little
    > the government can do with just the I-134. At least that is my
    > understanding.
    > Rete
    > --
    > Posted via http://britishexpats.com



that was also my understanding of it, and it explains why they came out with
the "new" I-864 a few years ago...the I-134 was not enforceable so they made
one that is.

Just Jenney

Soooooo....... From what you're saying then, the I-134 is just a formality??

Strange as this may seem, this frustrates me even more!! Mark and I are seriously stressing over this I-134 thing, trying to get a co-sponsor in case I don't make the minimum income in time for his interview. (And trying to figure out what to do if they say no.)

And now I'm discovering that it's a lot of running around and worrying for nothing, because the I-134 isn't binding anyway....

EXCEPT -- the consulate can STILL deny his visa if our I-134 is inadequate, even though the I-134 is essentially an empty document.

This was the question posed to me by our potential co-sponsors. I have assured them that the I-134 is not binding, and that even so, the government would come after me (the primary sponsor) first should Mark ever go on public assistance. (I have also emphasized that the chance of that happening is zero.)

But their question was a good one -- they want to know when they'd definitely be off-the-hook -- and I didn't know the answer...... and I *still* don't know the answer.

~ Jenney

katnap8

Does this mean that your brother and sister in law are seriously considering being a co-sponsor. That would be great if they did. Good luck and I hope they do it for you guys. Let us know

Just Jenney

Yes, I've talked to them about it a couple of times already. I went over two Sundays ago and first approached them about it. They asked that I send them some online links so they could look up more information themselves before making a decision.

Unfortunately, they were swamped with stuff to do last week and hadn't had a chance to both look over the information I'd given them. This past Sunday they asked a few more questions (like the one I've asked here) and said they'd try to let me know by the end of this week. All I can do now is cross my fingers and wait.

This is probably going off on a tangent a bit, but this seems as good a place as any to address this....

I was looking up info on the London Consulate's website about how to set up a provisional file, when I found this:

An applicant for a fiancé(e) Kii or V visa is not required to file an affidavit of support, form I-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish... that he or she is not likely at any time to become a public charge.

An applicant for a fiancé(e), Kii or V visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
3. relatives or friends in the U.S. will assure the applicant's support; or
4. a combination of the above circumstances


You can find this here -- http://www.usembassy.org.uk/cons_web...faffidavit.htm

I was under the impression that the foreign fiance's assets and earning potential were considered irrelevant in the K-1 visa process. From what I've read previously, it seemed to me that only MY income was considered to prove that Mark wouldn't become a public charge -- and that if my income was under 125%, that we'd need a co-sponsor's whose income was sufficient.

This information here -- straight from the London Consulate's website -- clearly contradicts that notion.

From the way I read this, then, I could submit a I-134 even with an income under the 125%, as long as Mark submits evidence that he's got sufficient savings/assets and/or arranged employment.

Does anyone have any direct experience with using the foreign fiance's assets to show support in addition to the I-134 in London??

~ Jenney

katnap8

[QUOTE][SIZE=1]Originally posted by Jenney & Mark
Yes, I've talked to them about it a couple of times already. I went over two Sundays ago and first approached them about it. They asked that I send them some online links so they could look up more information themselves before making a decision.

Unfortunately, they were swamped with stuff to do last week and hadn't had a chance to both look over the information I'd given them. This past Sunday they asked a few more questions (like the one I've asked here) and said they'd try to let me know by the end of this week. All I can do now is cross my fingers and wait.

This is probably going off on a tangent a bit, but this seems as good a place as any to address this....

I was looking up info on the London Consulate's website about how to set up a provisional file, when I found this:

An applicant for a fiancé(e) Kii or V visa is not required to file an affidavit of support, form I-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish... that he or she is not likely at any time to become a public charge.

An applicant for a fiancé(e), Kii or V visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
3. relatives or friends in the U.S. will assure the applicant's support; or
4. a combination of the above circumstances


You can find this here -- http://www.usembassy.org.uk/cons_web...faffidavit.htm

I was under the impression that the foreign fiance's assets and earning potential were considered irrelevant in the K-1 visa process. From what I've read previously, it seemed to me that only MY income was considered to prove that Mark wouldn't become a public charge -- and that if my income was under 125%, that we'd need a co-sponsor's whose income was sufficient.

This information here -- straight from the London Consulate's website -- clearly contradicts that notion.

From the way I read this, then, I could submit a I-134 even with an income under the 125%, as long as Mark submits evidence that he's got sufficient savings/assets and/or arranged employment.

Does anyone have any direct experience with using the foreign fiance's assets to show support in addition to the I-134 in London??



Jenney, I believe the I-864 is for the AOS, and your fiance needs the I-134 for his interview in London. To open a provisional file, you just need the DS-230, DS-156 and DS-156k, and the checklist IV-15. You shoudl probably include a letter stating you would like to open a provisional file. The affidavit of support is sent to your fiance so that he can show it to the consulate official along with the other documentation requested on the checklist at the time of his interview. The I-864 is used once you apply for the Adjustment of Status and you can use both your employment and his. At least this is how I think it's done. Perhaps someone can clarify for us, if I'm wrong.

Just Jenney

Thanks for your response. I understand the I-864 is for AOS, and NOT for the K-1 interview. And I'm aware that after we've been married and living together for six months, Mark's assets/income are considered for the I-864.

My question here is about using the foreign fiance's assets and/or potential income at the K-1 interview, as proof that he won't become a public charge. I say that because the information on this London consulate webpage specifically refers to the assets and arranged employment the fiance has BEFORE entering the US on the K-1.

That, to me, sounds like the fiance's assets and potential income ARE considered as proof that they won't become a public charge once in the US with a K-1 visa. I'm wondering if anyone has ever tried this approach -- using the foreign fiance's assets/potential income alongside the I-134 provided by the US fiance.

~ Jenney

dazeychain

Hiya Jenney,

If you read page 1 of the OF-167 that London sent you with Packet Three, it explains there about the non-US fiance's assets. I'm sorry I don't have it with me (I'm at work), and as its London specific, I don't know if it's on the web, but if you can't find it/don't have it, please feel free to private message me on this, and I'll give you my email address, and I'll do my best to help you based on the info I have, when I get home. Phew, what a long sentence!

Peace,

D.

Just Jenney

Thanks for the input..... Mark hasn't opened his provisional file and thus hasn't received Packet 3 yet. I tracked down an online PDF copy of OF-167, and it is exactly the same as the information posted on the link I posted before. (The online PDF copy was via the London consulate, even.)

~ Jenney

Mrs_blackross

    > From the way I read this, then, I could submit a I-134 even with an
    > income under the 125%, as long as Mark submits evidence that he's got
    > sufficient savings/assets and/or arranged employment.
    > Does anyone have any direct experience with using the foreign fiance's
    > assets to show support in addition to the I-134 in London??
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com

yes, according to the laws, however, each consulate may have their own way
of doing things. for an I-134 he needs to overcome the "public charge"
grounds of excludability, which the easiest way is to show 125% of the
poverty line, but can be overcome in other ways.
from the affidavit of support FAQ on INS' website:

The 125 percent minimum income requirement, the need for the last three
years income tax returns, and other criteria only apply when an I-864 is
required. All other cases will be adjudicated using public charge guidelines
which apply under Section 212(a)(4).

and the following is quoted from a previous reply I made when you asked
about the I-134 being legally binding:

so basically, the I-134 doesn't even have the same requirements as the I-864
so even if YOU don't make enough money for the I-134, you could
theoretically still get his K1 if he can show proof that he will not become
a public charge...i.e. offer letter from potential employer on arrival,
transcripts showing education and skills, liquidating his assets prior to
moving. If you are going to try this route, it would probably be wise to
have him bring the relevant sections of the law to show the officer if they
don't want to consider it.
http://www.ins.usdoj.gov/lpBin/lpext...-20/slb-1987?f
=templates&fn=document-frame.htm#slb-act212a4
(I would probably have the cosponsor forms done and bring it with you just
as insurance, if nothing else it would add to his confidence level!)

Then, once he is here and it comes time to file the I-864 for AOS, he will
be able to include his own income on it as long as he has been living with
you for at least 6 months at the time of his AOS interview (not at the time
of filing the I-485 and I-864). The odds of that are very high, considering
how long it takes INS to process anything.

Mrs_blackross

; "Mark" wrote in message
news:[email protected]...
    > Thanks for your response. I understand the I-864 is for AOS, and NOT for
    > the K-1 interview. And I'm aware that after we've been married and
    > living together for six months, Mark's assets/income are considered for
    > the I-864.
    > My question here is about using the foreign fiance's assets and/or
    > potential income at the K-1 interview, as proof that he won't become a
    > public charge. I say that because the information on this London
    > consulate webpage specifically refers to the assets and arranged
    > employment the fiance has BEFORE entering the US on the K-1.
    > That, to me, sounds like the fiance's assets and potential income ARE
    > considered as proof that they won't become a public charge once in the
    > US with a K-1 visa. I'm wondering if anyone has ever tried this approach
    > -- using the foreign fiance's assets/potential income alongside the
    > I-134 provided by the US fiance.
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com

Jenny, I believe rogerpennycate used his own assets (sale of his home) to
qualify and he was approved (cant remember if it was K1 or K3, but the
requirements are the same I think). do a search on google groups for his
posts

Rete

You really aren't looking at the entire picture Jenney. Even though the I-134 is not enforceable in a US Court of Law, the US Consulate can reject you on the grounds of inability to sponsor if you don't have a co-sponsor. Why? Because if you can't sponsor for an unenforceable affidavit of support, how are you going to sponsor for an enforceable one. Yes, I know you will counter that is not fair because you might be able to get a co-sponsor for the I-864 or that your foreign spouse's income might be includable if you interview pass the 6 month mark, so forth and so on with arguments, but the fact is that the US Consulate wants a financially capable sponsor for your fiancee before they will issue the K-1.

What Mrs. B says is true, but remember also that it is discretionary on the part of the US Consulate. Even if he has a job offer, they don't have to say Yes to the petition. They might turn around and say okay you have the offer but you won't have an EAD for at least 90 days so how long is this company going to hold the job for you?

His assets would have to be 5 times the difference between what you earn and the 125% mark. Say you are missing $5,000 then he needs $25,000 US.

Also remember many years ago the K-1 was set up when things were simplier and POEs and INS offices worked efficiently. At one time all POEs gave out the 90 day EAD and most INS offices gave the one year EAD in 90 days or less. Today it is different. Few POEs give the stamp and not many INS offices give you an expedite one year EAD.

The perfect scenario is to have a financial sponsor and/or co-sponsor for the I-134. Perfect because you don't have to worry about convincing US Consulate personnel that you won't become a public charge or rely on their discretionary powers.

L D Jones

Mrs_Blackross wrote:
    >
    > ; "Mark" wrote in message
    > news:[email protected]...
    > >
    > >
    > > Thanks for your response. I understand the I-864 is for AOS, and NOT for
    > > the K-1 interview. And I'm aware that after we've been married and
    > > living together for six months, Mark's assets/income are considered for
    > > the I-864.
    > >
    > > My question here is about using the foreign fiance's assets and/or
    > > potential income at the K-1 interview, as proof that he won't become a
    > > public charge. I say that because the information on this London
    > > consulate webpage specifically refers to the assets and arranged
    > > employment the fiance has BEFORE entering the US on the K-1.
    > >
    > > That, to me, sounds like the fiance's assets and potential income ARE
    > > considered as proof that they won't become a public charge once in the
    > > US with a K-1 visa. I'm wondering if anyone has ever tried this approach
    > > -- using the foreign fiance's assets/potential income alongside the
    > > I-134 provided by the US fiance.
    > >
    > > ~ Jenney
    > >
    > > --
    > > Posted via http://britishexpats.com
    >
    > Jenny, I believe rogerpennycate used his own assets (sale of his home) to
    > qualify and he was approved (cant remember if it was K1 or K3, but the
    > requirements are the same I think). do a search on google groups for his
    > posts

If I am not mistaken Roger did I-130 since he and his wife lived in the
UK at the time they filed DCF.