grindcoreUK

I was a little concerned whilst reading the following section on who "my" affident of support is to be, quote

"In the case of a K1 visa application, the financial support has to come from the sponsoring USC who filed the petition for the K1 visa. "#

Am I right in thinking that they mean my fiancee? This is a little troubling as my fiancee is currently a self employed worker and has been for under a year meaning there is little tax evidence of this. Would my fiancee be able to have her parents who both work also to be a "affiedent of support". My fiancee earns good money and has good savings to show for it but her folks have the more offical jobs working in school/hospital.

We do plan on living in the same town as them also.

please help and thankyou for your time

jeffreyhy

gcUK,

Where did you read this?

It is not correct. It's typical, but not essential.

If your fiancee's parents qualify, one or both can sponsor you. Read the I-134 instructions.

Regards, JEff

meauxna

oops, google says: BE wiki!

Anyone can make corrections.

grindcoreUK

phew thankyou, well I was a bit confused becaused I actually quoted that from the instructions. Just to be clear what is it that "qualifies". I know for a fact that my fiancee's parents both work full time jobs, have savings and have never filed for any benefits in their life. Surely that must be good enough????

meauxna

Instructions? What instructions where?

Why don't you read the official poop here and see what you think.

* Evidence of Support: An applicant for a K visa is not required to file an affidavit of support, form I-864 at the time he or she applies for a fiancé(e) visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the U.S. Citizenship and Immigration at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

K-1 and K-3 and their derivatives are 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 to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge. (more)

jeffreyhy

gcUK,

Really? From the I-134 instructions? Are you sure about that?

Keep in mind that a K visa, being a non-immigrant visa, may not require sponsorship at all if the applicant has sufficient financial resources of their own.

No, what you list may not necessarily be enough. Critical details are missing and there are some requirements other than financial status.

Regards, JEff

grindcoreUK

so basically I-134 form is not the form I need for my K-1 case. Its the I-864?

I'm a self employed carpenter and have work full time for the last two years, with an up to date tax return for these years, as well as savings.

I was wondering how much savings would be seen as enough?

Noorah101

For the K-1 visa, it is the form I-134 for the Affidavit of Support, if your USC fiance is going to do one.

If you are "self-sponsoring", then YOU don't need to fill out an I-134, you just need to present proof of your savings at your K-1 interview.

No way of saying how much is enough, it's up to the discretion of the ConOff. Some people have said 3x what would have been needed in income, so maybe around $55,000 or so? Really no way of knowing ahead of time.

My suggestion would be to try using whatever savings you have, if the ConOff rejects it, then present an I-134 to her as a backup plan.

Wait, I just re-read your last post. Are you the USC? If you are the USC, you will need to send your I-134 to your fiance overseas, to show at the K-1 interview. Use the I-864P as a guideline for your income level, and go from there...if you earn enough, you might not need to show your savings at all. I-864P can be found at www.uscis.gov, Immigration Forms. That's just a rough guideline for the I-134, though....the ConOff has the right to accept less income if she wants to.

The I-864 Affidavit of Support will come later, when you are inside the USA and adjusting status to permanent resident.

Rene

jeffreyhy

gcUK,

If an affidavit of support is needed - and it is in most cases - it will be the I-134 for the K visas. I-864 is used for immigration - immigrant visas and adjustment of status.

R answered the question about 'how much is enough' as best as it can be answered.

Regards, JEff

jeffreyhy

R,

Nah, he's the UK fiance.

Regards, JEff

grindcoreUK

ok, so I understand that its the I-134 that I need to bring with me to my interview as a "back up" to me not providing what looks to be enough in savings.

this is the part I am struggling with because my USC fiancee is self employed in hawaii but doesn't have enough work time behind her to show tax returns/ record of earnings. I understand then that her parents can help with sponsoring me on the I-134?

Noorah101

If your USC fiancee does not meet the income requirement for the I-134 (use the I-864P as a basis for that), then yes, her parents can complete an I-134 for you, if THEY qualify.

Rene

jeffreyhy

gcUK,

Asked and answered already in this thread - see posts #1 and #2.

Regards, JEff

grindcoreUK

My USC fiancee's parents are still married but currently live at separate address. They are very close family all the same just their own personal arrangement. Her mother works in the medical industry and her father at as in the cooking industry at a private school there, this I puts them above the poverty line which I checked. Should I get a I-134 from each of them because they are living separate.

I am going over to maui, hawaii on the 9th august for 4 weeks to arrange the details of the marriage and to see her family again. Really want to make sure that I make good use of the trip but getting any forms completed whilst over there, i.e the I-134 but her parents.

thanks for your help and sorry if I repeat questions this is double dutch to me. peace

Noorah101

If ONE parents qualifies for the I-134, that's all you need. With a job in the medical industry, that sounds like it might qualify. Depends on her income.

Rene