purplecub

Hi again,

Thanks to all those here who spend a lot of their time answering posts from people such as myself! It is very much appreciated

My situation:

I am UKC and my fiance is a USC. She filed the I-129f in mid October 2008 and we had the NOA2 saying it's been approved mid March 2008. So it's taken about 5 months from sending off the I-129f to receiving the approval. (I include that info as it might be helpful to other peeps watching )

I received a letter from the London US embassy, I think this generically referred to as 'packet 3'. My letter just contained these two links:

http://london.usembassy.gov/cons_new/visa/iv/iv_15.html

http://london.usembassy.gov/cons_new...v/medexam.html

This is where I am now - forms DS-230 Part 1, DS-156, DS-157 and Form DS-156-K have been completed and I will arranging my medical and getting the needed forms (such as the police certificate etc) together.

Re the first link above - scrolling down to 'Evidence of Support' there is a little link there (so little in fact that it took me two days and much hair pulling out to find it!!! :curse that talks about the sort of evidence that may be used to meet the public charge issue. This is where I am getting a headache and could really use your help please

http://london.usembassy.gov/cons_new...affidavit.html

Questions: (and these all pertain to dealing with the London US Embassy)

1. The I-864 is not needed at this stage - only used for the AOS stage in USA - is this correct?

2. The 1-134 - does this form have to be completed in all cases? i.e. will the London officer be expecting me to have this? My fiance's finances exceed the poverty level definitions - do we still need to complete it? (It's as though everyone completes one anyway, like it's just what everyone does?)

3. Regarding the section 'Affidavit of Support' in the the last link I posted above. It has this paragraph:

"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."

The bit that is really confusing me and making me very unsure of what to do is "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."

The 'may elect' bit - small words but I have a feeling they are important!! Does that mean we should be also be submitting something like that, as well as the I-134?

4. Although we think that my fiance exceeds the poverty guidelines could someone please confirm what they are and what criteria the London embassy will be judging us against?

I realise every case is different but to be honest this whole issue of 'evidece of support' is starting to cause me real stress and anxiety - mainly because I simply cannot find a document or a factsheet that sets it all out simply for a plank such as myself!!

A little more detail in case it helps:

My finace is employed and has her own house in USA with considerable equity in it.

I am retired with a pension, which will be paid monthly in USA. I own a house in the UK here which I plan to rent out for a while, then sell it later and transfer funds to USA. I have considerable equity, too.

So our problem right now is not so much a financial one as such but just how to proceed and which forms to use!!

Any help or advice would be greatly appreciated, thanks. What do I need to prepare, what do I need to take with me for my interview, etc

meauxna

hi there!
You had linkies, so you had to wait for an OK on your thread btw.

1-Yes, correct.

2- Pretty much, yes. The I-134 is the easiest form to satisfy the Public Charge issue.

3- No, a marriage-based visa is a little different than the other uses for I-134.

4-You can look up the PG for your household at uscis.gov under 'forms' I-864P. These will go up slightly, soon.

The evidence of support is not the hardest part of this, relax!
In the simplest terms, a couple needs an annual, gross income of about $17 THOUSAND US dollars.
Not millions. Thousands.

ian-mstm

Correct.


No... if you are able to self-sponsor, an I-134 is not required. If however you are not self-sponsoring, then yes - your USC fiancee needs to send you a completed I-134.


No... the I-134 is sufficient (along with whatever supporting docs that form requires).


There is no specific criteria for the I-134... it's entirely up to the interviewing officer whether to accept her I-134. Generally though, if your fiancee makes more than 125% of the current poverty level that should suffice. http://www.globallawcenters.com/forms/I-864P.pdf. For 2008, it was $17,500.

Ian

purplekitty

I'm a USC filling out the I-134 Affidavit of Support and what I make is above the 125% of poverty level (I've heard 100% and 125%... I'll compare against 125% to be safe, and for a family of 2, that is around $18k/yr based on 2009 figures)

Is all I have to do is show that I make more than $18k/yr? Do I have to get into all the assets I do have if just one will show that I meet the minimum guidelines? (the I-134 asks for salary, bank accounts, stocks/bonds, life insurance, home value and mortgage)

As for verification of employment and salary, what would be acceptable proof? I work for a very large company that typically does not provide letters on corporate stationary. Instead, they utilize "The Work Number" (www.theworknumber.com) for all inquiries about employment and salary. Through that website, I, as an employee, can print out a sheet that provides info including how long I've worked there, current title, current pay per pay period and number of pay periods, and what I made over the past 2 years, and includes the company logo.

My concern is whether or not it would be accepted, or do I need to start the uphill battle with Human Resources to find someone who will write a letter? (their response is always "use theworknumber") :curse:

There is also a way for an employee to request a salary key as a means to give someone else permission to view current salary details. While that may be useful for some things, my understanding is that the I-134 is handed to someone at the Consulate and they want to see the data, not have to look things up.

I also requested official transcripts from the IRS for the past 3 years of taxes filed. Is that sufficient, or does it have to be notarized too?

So, what should I provide to my fiance so he is prepared when handing over the I-134 as part of his interview? and what needs to be notarized?

(with all the info they ask for, I'm surprised they don't ask for a credit report too! )

Thanks so much for any insights!

--purplekitty

meauxna

If your income is sufficient, you do not have to state your assets. It's much simpler that way. Remember, the visa is the easy one to get past with the finances. The I-864 is much more structured in how it must be met.
But if you have regular income at/above the poverty guideline of 18K gross, neither of them should be an issue.

Yes, that website is fine. A lot of companies use it now.

I'm with you; it needs to be something on paper that the CO can hold in her hand. She won't go looking things up.

Those are perfect, and they don't need to be notarized. Don't be alarmed when you see them.. they don't look like anything official, but they are.


My top tip for you when getting started out is to save a photocopy of *everything* you submit. You'll be using a lot of the same documents over and over for the coming years, so organize your stuff in a way that makes sense to you. Never throw anything away; I even save envelopes with postmarks.
Well not anymore.

purplecub

Thanks Ian


Any thoughts on that other paragraph I originally posted (from this link http://london.usembassy.gov/cons_new...affidavit.html ), the one that says:


"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."

It's as though the Embassy is saying 'look, you don't have to do this but it might help your case if you do ' !!! Seriously though, I'm trying to work out in what circumstances would someone do that in addition to the I-134 and if it applies to our situation? That section ('Evidence of support') under the above link seems to talk a lot about other things to do in addition to the I-134 and I'm worried that we should be doing that, too?

Btw.....it isn't coincidence that there are 2 purples on this thread....purplekitty is my fiancee

ian-mstm

I didn't comment on it, because it's largely irrelevant if your fiancee has sufficient income for the I-134.


People might do this extra bit if their income is only barely above the minimum threshhold.


You guys are just so... um... cute! If Sheila and I were to do that, her username would be sheila-dnp.

Ian

meauxna

Dang, caught out!
I had to approve my own post #2 also, in case you didn't see it earlier.

purplekitty

Thanks Ian and Meauxna! Meauxna, your kitty reminds me of the one curled up to me right now

Just a few more questions on the I-134.

1. If I exceed the minimum income level required, do I really need to fill out all the financial questions on the form?

On one hand, the consulate could only care if I meet minimum and if there is documentation to support it, and not look further.

For supporting documentation, I was going to provide my fiance with the printout from theworknumber, copies of my IRS transcripts and if necessary, copies of my W2s for the past 3 years.

My concern is whether it is possible that someone could look at the form and see nothing for the bank and brokerage accounts, personal assets, life insurance, and home value/mortgage and say that it is incomplete?

2. Since the I-134 is used for more than marriage visas, there seems to be some things that look like they don't apply and I wanted to be sure I was answering them correctly.

Under #3, it asks "this affidavit is executed on behalf" [of] and then I fill in the info on my fiance. But in #10, it asks "I have submitted a visa petition to USCIS on behalf of the following person"... and I assume I list my fiance there as well since I filed on his behalf for the I-129.

Based on info in another thread, Question 11 about specific support, it seems that I should put "NO" there. (otherwise, how does one define the kind of support that is inherent in a marriage?)

Does that sound right? Summary: Fiance listed in 3 and 10, and no on 11?

3. I saw something in the k1 denial thread about insurance.
I have emails from the Employee Help line at work that document that my spouse will be covered under all my policies (medical, dental, vision, etc.) starting on the date of our marriage, regardless of visa status or any pre-existing conditions.

Should my fiance have that information available when he goes to his interview? Or do they get into those questions only when the income is too close to the minimum?

Thanks so much for all your assistance! It makes me wonder how people without access to this forum manage to get through this process!

Blessings,
--purplekitty

purplekitty

I hear ya! I'm just finishing up a binder with 4 copies of everything for my fiance to have in the UK, and another binder here in the US that has another copy (easier for me to make copies), plus originals of certain things like the NOA's and NVC letters go into the firebox. There are enough forms that require duplicates that having an extra set will help.

--purplekitty

ian-mstm

You should, yes. Unlike the I-864 which you'll file later, the I-134 does *not* have specific guidelines with respect to what the adjudicating officer is looking for. Your salary alone should be enough, but I can't tell you how many times we've had reports that the officer requested a joint-sponsor because he deemed the I-134 insufficient - even though it was clearly well above the "minimum" level.


Correct.


We left this one blank. In earlier versions of the form, this question dealt with someone who was coming to the US for a temporary stay. I'll let someone else answer... someone who's done this a bit more recently!

Ian

penguinbar

Hi. We put no for question 11 and we were approved last June.

Loum

oh my goodness...

this all looks so complicated ... it looks really hard and daunting thinking I'm looking at doing this all now

ian-mstm

It really isn't complicated *IF* you do things one step at a time. If you try to take in the entire process all at once and start thinking about all the forms in one go... it's very easy to get confused.

If you take things one step at a time and concentrate only on what you need to do at the moment... you'll be fine.

Ian

Loum

i have a feeling I'll be on here a lot then over the next few months )