californian

In regards to the I-134 for a K-3, does the petitioner need to fill one in? I know this is a requirement of the I-864 but I haven't read that the petition must *sponsor* the K-3 applicant.

My income is UK based --- so I thought it would be better to have my Dad do the I-134, as he is well established in the US. But now, with the interview up and coming . . . I am getting nervous! Any advice is much appreciated.

Tracym

Just wondering why you're doing a K-3 instead of just filing for your spouse to become a permanent resident. Most people don't use the K-3 these days.

If you've already done it, moot point I suppose.

As for the I-134, I'd say put yourself down anyway - while you don't have the income in the U.S. it shows your intent imo.

californian

I have a definitive date I need to be in the States and the K-3 processing times were more in line with that date than the IR-1 (I know its only a couple of months but it seemed like a lifetime at the time). Both have however been speedier than we hoped!

We are essentially getting the K-3 as this point, in case there is some long (unforeseeable) delay with the IR-1. I imagine it is only a couple of months behind the IR-1 but we're going to proceed with the K-3, just in case. London has assured us that they are happy to process both but suggested I write to NVC to let them know we'd like the IR-1 to be processed in London (which I have done, so fingers crossed).

Thanks for your thoughts on this. It might difficult to get the I-134 notarized on this side of the pond (I believe the Embassy is the only source accepted) --- which is why I have asked instead of just including it for good measure.

Tracym

Interesting question - I can't seem to find the answer to it either. Everywhere I see, it appears that the spouse is the sponsor, and then a co-sponsor is added. I can't seem to find anything that says whether you can (or can't) omit the spouse as the main sponsor.

My impression though, is that they'd generally expect the spouse to be there. We'll see what some other folks here think, I hope.

I did find the requirements for "notarizing" though - "If you are outside the United States, the affidavitmust be sworn to or notice affirmed before a U.S.consular or immigration officer."

californian

Thanks for your thoughts and research --- I can't seem to find anything either. I haven't been able to find info on whether or not the Spouse must do an Affidavit but the Embassy's website seems to imply that the applicant can use an Affidavit from anyone in the US (maybe I'm grabbing at straws).

This is a quote taken for the Embassy's website, from the *Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law* section:

"Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services. Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant."

Unfortunately, this doesn't entirely clear it up for me!


Since we are in no real rush for this visa (as I am not leaving for a month or so after hubby's interview date) I may simply abandon ship on me doing an I-134 --- if asked my husband can always explain that I didn't feel I would qualify and see how it goes. I suppose the worst that can happen is they ask us to send one in via courier?

Tracym

Perhaps a silly question, but... if you are IN London now, why not just do the I-134 and have it affirmed at the consulate like they seem to want?

Am I missing something?

Noorah101

I don't know the answer to your main question, but as far as notarizing the I-134, you can have it notarized on the day you guys go to the embassy for your interview.

My opinion is that if you are going to have your dad do an I-134, I think you should also do one, as that will seem more like a regular "sponsor + joint sponsor" affidavit of support scenario that the officer might be more familiar with. The officer will look at your I-134 and see that your income is UK based and not acceptable, then will look at your dad's I-134 and see that he qualifies as a joint sponsor. That's the route I think I would take if I were in your shoes.

Rene

californian

Thanks, Rene. That line of thinking makes sense to me.

Their website says they require an appointment (and they are all booked up). Should I email them and ask for an appointment at the same time as his interview?

Noorah101

You can try that, although I'm pretty sure the officer behind the window at the interview can find someone right then and there to notarize it. The appointment thing is probably for someone who has no other business at the embassy.

californian

I have tried emailing them but if I don't hear from them, I will definitely try this. Thanks for your help!

meauxna

IN the past it has not been necessary to make an appointment for this. The visa officer handling your interview can either do it herself or call over someone to notarize your signature.

californian

Thanks, that helps. I have emailed the Embassy --- who I am hoping will confirm.

We were never quite sure if I could attend the interview . . . but just to clarify, I can if I bring my passport, right?

Noorah101

To my knowledge, you will be allowed in the building (with your passport as your ID). You might not be able to "attend" the interview, but since you will have to sign the I-134 in front of a notary, they can call you up to the window when it's time to do this.

Rene

jeffreyhy

C,

No, the petitioner does not need to be the sponsor for a K visa. (If the visa applicant has sufficient financial resources of their own then a sponsor is not required, same as any other non-immigrant visa.)

But if the consular officer you deal with asks you to provide an I-134 I suspect that things will go much more smoothly if you comply with the request rather than debate it. So you might want to be prepared and have your own I-134 in your back pocket should it be asked for.

Regards, JEff

californian

Thanks for this info, Rene. The Embassy just clarified that I can have the docs notarized at my husband's interview.

I should have clarified that I am aware the K visa applicant can use other means as evidence that he or she will not become a public charge. What I was/am trying to figure out is if the K visa applicant is going to use an I-134 than does the petitioner need to fill one out? (i.e. in our case, I don't meet the requirements of sponsor since my income is in the UK --- so is my husband able to use only an I-134 from someone else or do I need to add my I-134 as well?)

Since we can't seem to resolve whether I need to do the I-134 . . . I think you're right --- better to be safe than sorry. Thanks for your response.