pettybeige

Hello everyone,
I'm new to this forum. I'm an American; my fiance is English. Now...I have a question that I've gotten several conflicting answers to. My fiance has tried calling the Embassy in London for help, but he hasn't gotten through yet.
Our I-129F hasn't been approved and sent to the Embassy yet, so perhaps we'll get more instructions on the I-134 when that happens. But I'm trying to get everything together now.
I found this: http://www.usembassy.org.uk/cons_web/visa/iv/faffidavit.htm
which seems to imply that I don't need to fill out an affidavit of support if my fiance has a notarized letter of an offer of employment. True or false? I'm not sure if I'm misreading this. Has anyone else brought in a letter like this or other evidence of being able to support oneself *instead of* the I-134?
Any help you can give me about this is greatly appreciated.
Thanks,
Christa

abba48uk

Hi Petty,
So far as I am aware, if you are petitoning for a K1 you have to provide an affadavit of support. Your fiancee's financial circumstances are irrelevant. No doubt someone will correct me if this is wrong, but I believe the job offer would only be relevant if the application being made was for a work visa.
Getting the stuff together in advance is always good because it will allow your fiancee to open a provisional file at the London Embassy before approval, and that saves time.

mrsstrickland

this is a logical thought, but unless your fiance had filled a work authorisation at the time of filing your I-129f, then i doubt the letter of intending employment would be worth the paper it was wrote on, but i do believe with every petition or application, you have to submit an affradavit, as you the petitioner have to give the government the piece of mind that they wont be held accountable to keep your fiance, on the checklist in packet 3, the affradavit in on there as to be taken to the embassy,, upon reading the DS-2000 it does say if you can provide definite proof of employment, but section 5 of the information says, you have to state whether the employment will be immediately available upon your arrival, therefore work authorisation has to be in place to use this type of support. Also you could email your question to london, and they are pretty quick in responding, email address [email protected] they will be able to explain it better for, and give you a definite answer.

Fred_nn

The section you are referring to (pasted below):


"Employment: An applicant relying on an offer of prearranged
employment to meet the public charge provisions of the law should have
the prospective employer submit a notarized letter of employment on
the letter head stationary of the employing business. The letter
should:

contain a definite offer of employment;
give a description of the job offered to the alien and an explanation
of skills which qualify the alien for the position;
state the rate of compensation to be paid and if pertinent, additional
information detailing other benefits to be included in lieu of cash
payment;
specify the location, type and duration (whether seasonal, temporary
or indefinite) of the employment offered; and
state whether the employment will be immediately available upon the
applicant's arrival in the U.S."


seems to indicate that such a guarantee of employment may at least be
used as a component of the support. The key phrase seems to be "to
meet the public charge provisions of the law." Does anyone know to
what code this refers, and where I might find a copy of it to read?

We apparently have a very complicated I-134 situation, and I would
like to know the real nitty gritty. As it stands, I can't even find
out how much cash bond could be posted in lieu of income, as it states
is a possibility on the form. I am also still trying to find someone
who knows what the effective conversion rate between assets and income
is. I have assets, but practically no income.

Matta Harri

In article ,
[email protected] (fred_nn) wrote:

    > seems to indicate that such a guarantee of employment may at least be
    > used as a component of the support. The key phrase seems to be "to
    > meet the public charge provisions of the law." Does anyone know to
    > what code this refers, and where I might find a copy of it to read?

The requirements are not stated specifically, but you can use the same
requirements as are specified for the I-864, which is 125% of your gross
income/year. Refer to this URL, and remember to multiply it by 1.25 to
get the amount that you need in income:
http://aspe.hhs.gov/poverty/02poverty.htm

Also see this page:
http://travel.state.gov/i864gen.html
--
Matta

Folinskyinla

Hi:

If your fiance immigrates based upon the fiance petiition you filed, then he will need the affidavit of support from you [and later the I-864 at time of adjustment of status].

However, if he is immigrating on an employment based immigrant visa, which you seem to imply is another option, then the affidavit of support is not needed -- his job will be sufficient.

I hope this clears up the confusion.

pettybeige

Thank you to everyone who answered my post! It looks as though the Affidavit of Support is inevitable. It only worries me because I've been staying with my fiance for several months here, and will have to get a job _immediately_ upon returning - and my time here and out of work may count against me but I've never had trouble finding a job. It's just the added stress of everything else, I'm sure all of you understand about stress!
Also mrsstrickland, thanks so much for that email address to the London consular. We've been trying to contact them via phone for ages!
Also you said " this is a logical thought, but unless your fiance had filled a work authorisation at the time of filing your I-129f "
which is what I was afraid of. When we first began filing and collecting info, I used the INS website as my only resource - thinking that's all I would need (and if it didn't read like stereo instructions, perhaps it would be all I need!). I remember reading something that led me to believe that with his K-1 Visa, my fiance *would* be issued the (EAD I believe it is?) work permit on point of entry - and only after we filed the I-129F did I begin reading about filing for a work permit seperately. It's all a little mind-boggling and confusing, which is why I was so happy to discover resources like this!

Thanks again,

Christa

pettybeige

I just tried the email address given for the london consular, and immediately got a 'failed delivery' notice. Apparently the address doesn't work. Anyone know how else to contact them?

Christa

abba48uk

Its London [email protected], and if that doesnt work .........you have a computer problem!.....

loveabrit

I just received my returned email too. I tried London [email protected] this time...so we'll see if that works!
Thanks-T.