Jade84

The AOS thing really scares me. We are in the middle of waiting for a K-1 approval now and I know that is the next lovely thing to look forward to.

I know for a fact that right now, there is no way that I can show that I make enough money to support us both - I can't. There are 2 reasons for this:

a) because my UKC fiance was denied entry in the US this year on a visa waiver, I spend a lot of time in the UK with him, which pretty much keeps me from being able to keep a high-paying full time job.

b) I work as a private chef, meaning when I am working in the US, all of my money is paid in cash or personal check. I do this for a couple of reasons, but the main reason is that I have about 60k in private student loan debt. At some point, they will probably start to garnish my wages for payment. So, I keep a part time job at a cafe for that reason. The way I see it, if they are going to garnish, they can take as much of my 12-hour-a-week income as they want, because I'm making a hell of a lot more money under the table.

My parents are willing to vouch for us financially if need be, but I'm not sure if you can do that or how that works. So basically, under the table, I make plenty of money for us. I just can't really admit to it.

ian-mstm

Yes they can. The instructions are on the I-864.


Well, you can admit to it -you just don't want to. Don't try to convince us that you don't have a choice here.

Ian

Jade84

Please excuse me for that. I wasn't trying to convince anybody of anything. What I was saying is that I can't admit to earning money under the table if I'd like to continue doing so. Does that make sense?

Noorah101

It makes sense, but you know it's not really the right thing to do, right? You are supposed to claim all income on your yearly tax return.

But yes, you can have a Joint Sponsor, so as far as the I-864 goes, you will have that covered.

Rene

jeffreyhy

J,

So then you're dealing with I-134 at the moment, not I-864 - yes?

There are some differences, but whether they will be useful to you is not evident from the information that you have provided. In any case, if your parents qualify to be joint sponsors for your fiance's adjustment of status down the road they should qualify to sponsor him for his K1 visa now.

Regards, JEff

Jade84

Hi Jeff, thanks for the info.

I'm not sure what I was asking about, to be honest. This is all very confusing to me still. Mainly, I was referring to the Affidavit of Support that comes after the K-1 is granted. I believe that takes place when we adjust his status. Please correct me if I'm wrong.

Are they going to be taking a look at my financial standing at the interview for the K-1 visa?

I feel really stupid asking question after question, but its really a lot of information to keep track of. :/

One thing I have been wondering, and this is simply for my own curious reasons - I'm over in the UK now on a 6 month tourist visa. If we were to just get married here and choose to live in England instead, what would happen after we married? Would they send me back to America immediately or could we adjust my status as you would in America if a USC married a UKC in the states? Just curious if it works the same way over here.

Noorah101

You are correct, the I-864 Affidavit of Support is the one that goes with the AOS process after you get married. There is also an I-134 Affidavit of Support which is used for his K-1 visa, if he does not have enough savings to "self-sponsor". Let us know if he does not, and we'll help you with the I-134 requirements.

Possibly, if your fiance does not have enough savings to show to support himself.

You can't get married in the UK on your tourist visa. USCs need a special visa to get married in the UK, so that's not even an option for you unless you return to the USA and obtain the appropriate marriage visa for the UK.

Rene

meauxna

Non EU citizens can't marry in the UK from a tourist entry. You need a special 'visit to marry visa'.
You can't 'adjust' status there anymore, without the correct advance visa.

Jade84

Thats what I assumed, but had never actually looked into it.

So, when is this I-134 supposed to be completed and by chance, does anyone know how much money he needs to have in savings to self-sponsor? There's a chance he could swing it.

You guys are awesome help. I wish I could take you all our for drinks after this is finished.

Noorah101

The I-134 (if used) is due at the time of his K-1 interview. He'll bring it with him to the interview.

There's no set dollar amount on how much he needs to self-sponsor, it's up to the ConOff to decide if it's enough or not. In general, you can use the same poverty guidelines as the I-864 uses (www.uscis.gov, Forms, I-864P), but even if he's under that amount, the ConOff can approve it.

If he doesn't have enough in savings, and you don't have enough income and/or savings, your parent can do an I-134 on his behalf.

Rene

meauxna

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

That's what you need to know about the K-1 visa interview part.

Move on to the I-864 for the Adjustment of Status after marriage.

Jade84

Thats super, thanks for the info. I'll give that a look and see what all we can do in advance.

It has already taken over 5 months to get the I-129F approved, but thats partially because they requested evidence in the 4th month, so I'm now just trying to get it all sorted as much as I can. The wait is killing me!

meauxna

What Happens to an Approved Petition?

The K visa Interview

Documents Required for the Visa Interview

The Medical Examination

There are a host of good, current instructions from other users posted here; spend a little time snooping now so you feel prepared when your time comes.

ian-mstm

Sure... whatever. You must live with the burden of your own integrity - or lack thereof.

Ian

Jade84

Ouch.