Slipstream

Hello,
I have a few quick questions, basically my father was a bigamist and liar, I never knew him but I know his first and last name. My mother doesn't however know his DOB middle name or when or where he was born and his name is omitted from my birth and baptismal certificates. My fiancée & son are US citizens and today I send back my packet 3 forms with a letter explaining why my fathers information (except first and last name) is missing from the forms. but is there anything else I need to do to cover myself before my interview as the US embassy website says i need a birth certificate with both parents names.
Also on the matter of financial support, we have decided to file the affidavit of support at AOS, and instead show some evidence such as bank statements but I only currently have 2K pounds in savings, and my fiancée has only been working in the US since september. her sister could provide additional support but we'd rather not ask her until needed when we file the affidavit of support for AOS, though I'm not sure whether the income we have is enough to prove I will not become a burden.

Any advice would be greatly appreciated
Regards
James

ian-mstm

Regardless of what the web site says, you need your long-form birth certificate. Usually, the names of both parents are on it... but not always, as in your situation.


You must present a signed and dated I-134 at your K-1 interview. When you file to adjust status, you'll use form I-864. Two different forms, both are affidavits of support. Unless you have enough in income/assets to self-sponsor, you must present a signed/dated I-134 at your interview. Other than by self-sponsoring, there's no option to not present an I-134.

If you don't have enough in income/assets to support yourself ("2K pounds in savings" is not sufficient), you must have a sponsor - either your fiancee, or anyone else. You must either self-sponsor or have a sponsor prior to your interview or, quite simply, you won't get the K-1 visa. Be aware that even if you did have sufficient income/assets, people have been asked to secure a sponsor anyway.

Ian

Noorah101

Read through this: http://britishexpats.com/forum/showthread.php?t=675309

Rene

jeffreyhy

With only 2,000 pounds he'll need an I-134 from someone. If he had, say, 100x that amount he could probably get away without it.

Regards, JEff

Slipstream

Thank you very much for all of your replies,

I have the long form birth certificate but like I said before only my fathers name is missing, but I take it that should be fine for the interview.
As for the financial support, wow its quite high, I'm only I working class guy, however my fiancée does work in the states and probably earns enough to support me above the poverty line stated in I-864P, however the problem is she has only been working since September, so she had not made enough money in that time to apply for tax returns.
So would payslips & letter of employment suffice as evidence for the I-134 in this situation, or would we need to find a sponsor with a longer employment history?

Regards, James

ian-mstm

It's a common error to conflate two separate requirements... tax returns and current income. Tax returns show income in prior years. If, due to low earnings, she was not required to file a return, she can simply send a statement to that effect. That said, current income is more important and is a completely separate requirement from the tax returns.


Understand that the I-134 is not directly linked to the I-864P. For the I-134, the I-864P is a guideline only... so even if she was earning the minimum amount, she might still be asked to provide a sponsor for you. Later on in the process, once you're married and applying to adjust your status, she'll complete an I-864 and that is directly linked to the I-864P for minimum income purposes.

So, there's no way to know in advance whether or not the officer will accept her evidence for the I-134. Probably best to have a sponsor in your back pocket. Take the sponsor's I-134 with you to the interview and present it only if the officer says your fiancee's is insufficient.

Note: employment history isn't the issue... it's all about income and/or assets.

Ian

Slipstream

Thanks for the reply, however this seems like an impossible mess unless I win the lotto before the interview. Basically my fiancée loves to see the world through "rose tinted glasses" and thinks that because her and my son are US citizens that I have to be let in. When I told her about this she pretty much accused me of being "scared" and not having the balls to attend the interview, to think positive, and everything would be ok.
and basically refused to listen or hear anything to do with sponsorship issues, right down to the point of wishing me the best of luck at the interview and to let her know if there were any problems, but not to call or contact her until after the interview. Yes very childish I know and not the woman who sent the I129F in a while back. Because her and her sister work part time, I doubt even a joint sponsorship would reach more than 16K dollars, So I suggested that she maybe found a full-time post until I could obtain EAD, which wouldn't take forever because we planned to get married and send off the forms within the first weeks of me being there so to quicken the process, but she thinks because the I-134 says support for a indefinite period that its a ticket for me to sit around for a year and live off of her, and also because my son is in kindergarten 3 hours a day she would have to find someone to look after him before I got there and she's not prepared to do so. She says that if I don't get the visa we can try another route but I'm a FLT driver, and unskilled so work visas are pretty much out of the question and the I-130 and K-3 still require a I-134 and later I-864. About all she will do is send an I-134 out with evidence but I'm certain it's not going to be enough, However I will go to the interview and see what happens just to prove a point. Though it does leave me wondering whether I'll ever get to be with my son & her. Sorry about the long boring post but I need to get it out.

ian-mstm

I hope you understand that this is not normal behavior... and you have no idea who is feeding her such information (which, IMHO, almost never originates with the USC fiancee). Her pattern of thought/action suggests she has suffered emotional abuse and, in turn, is now an emotional abuser. Perhaps it's time to rethink whether or not you actually want to marry this woman. In my experience, it's nice to think that people can or will change... but it rarely, if ever, happens.

Ian

meauxna

I have to say, Slipstream, it doesn't sound good, the way you've put it.

You have given us the information, so I'm not sure what your question is (about the finances). Since it appears to be marginal, the question is, what is your (mutual) plan if the CO says 'no, you need more money.'?

Slipstream

I'm not sure Ian, at times she is perfect to be with. I think that its probably the whole case has gotten on top of her. We have known each other since early 2004 and in August 2006 we decided to apply for a K1 visa as she was pregnant with my son. We were living in Mexico at the time so the case was processed and sent to Cuidad Juarez who sent us the packet 3 in May 2007, however we had moved and although we had notified the USCIS of the address change the packet must have got sent to the old address, so we never received it and we never chased it up because I had to return to England in November 2007, and she later followed on a 6 month permit.
It wasn't until after she left I asked her to call the USCIS from the US and ask about it. they told us the packet was sent to they received no reply and so closed the case, but they said that they could reopen it, and so they did and send out a packet 3 in November 2009 however the situation in Juarez had gotten quite bad with random shootings etc. So we decided to ask London to request the papers which they did in May 2010 but they never got there until sept 2010, because I can't visit the US on the VWP and instead need a B2, the last time I seen them was for a month in Sept-Oct 2009 in Mexico. I have everything ready and I can send the DS-2001 but its just this damn I-134 which I'm worried about, but I think its got so close that she has become desperate after waiting so long

meauxna

I guess she wants me to try going to the interview first then if the CO does come to that conclusion (which I personally think they will), then I guess maybe that will light a spark with her for us to find a solution. which would probably end up being her working full time and hiring childcare to satisfy the poverty guides until I receive an EAD. there wasn't a question as such in the last post I made, I wasn't going to post it at one point, but because I'm facing this alone at the moment, airing my opinions and problems with some knowledgeable people lightens up the load. Hope you don't mind.

Regards James.

Noorah101

Hi James,

Your wife is a USC, right? Is she now living in the USA? I couldn't quite follow why she was in Mexico...

Rene

Slipstream

Yes she is a dual citizen, her parents are Mexican but she was born in the US

meauxna

Thanks James, with the rest of your story it all makes more sense now. I don't mind your sharing the burden here.. that's what we do best.
All I can suggest is to collect the best evidence you can gather and go for it. Sounds like you've got a back up plan if it is 'no' and who knows, it might be a 'yes'. Best wishes for success.

Slipstream

Hi,

Just thought I'd let you all know that last Friday I had my appointment for this VISA, and after a 6 hour wait, and being called to the window 3 times I got accepted by a very nice man who knew a lot of the places I had lived in Mexico.
It was so surreal I could hardly believe it, but it was a great feeling.

Now I'm looking forward to getting out there and being with my family who I haven't seen for about 1 and a half years

Best Regards,
James

Noorah101

Congratulations!

Rene