Thanks Rita & Alvena
Jun 12th 2001, 12:09 pm
#1
Guest
Posts: n/a
The level of knowledgeable help on this forum is astounding and I am very grateful
for it. My father steadfastly refuses to sign the Affadavit of Support using his and
my mother's joint taxable income. They just will not do it, being extremely
conservative. Rita, you say the I-134 is not enforceable and would be superceded by
the I-864 when we marry and apply for his adjustment of status. We are married
already. I cannot understand what you mean, it all seems beyond me and overwhelming.
Please, if you can, explain a bit? Of course, I will be on the fon again today trying
to cut through some of this, but the information I have gotten here is just first
class. I am very grateful. Lili Sovero The paperwork I downloaded from the INS site
said very clearly assets were acceptable in lieu of income but that a letter/addendum
explaining why I did not have income was required. I have read this over and over in
both the document I downloaded and the one the Embassy have my husband. Each time I
manage to read something different into it and frighten myself. What a mess now!
for it. My father steadfastly refuses to sign the Affadavit of Support using his and
my mother's joint taxable income. They just will not do it, being extremely
conservative. Rita, you say the I-134 is not enforceable and would be superceded by
the I-864 when we marry and apply for his adjustment of status. We are married
already. I cannot understand what you mean, it all seems beyond me and overwhelming.
Please, if you can, explain a bit? Of course, I will be on the fon again today trying
to cut through some of this, but the information I have gotten here is just first
class. I am very grateful. Lili Sovero The paperwork I downloaded from the INS site
said very clearly assets were acceptable in lieu of income but that a letter/addendum
explaining why I did not have income was required. I have read this over and over in
both the document I downloaded and the one the Embassy have my husband. Each time I
manage to read something different into it and frighten myself. What a mess now!
Jun 12th 2001, 3:05 pm
#2
Guest
Posts: n/a
lili wrote:
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You *might* want to cruise over to this site and read the affidavit of support
link...there is some info that might soothe the savage beast in your father.:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
alvena
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You *might* want to cruise over to this site and read the affidavit of support
link...there is some info that might soothe the savage beast in your father.:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
alvena
Jun 12th 2001, 3:11 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,400
I misunderstood and thought you were going for a K-1 (Fiancee Visa). Apparently you are going the I-130 route with him interviewing in his country.
Explanation: For the K-1 the I-134 Affidavit of Support is used. This Affidavit is not enforceable by the federal government if the foreign spouse takes means tested benefits, i.e. welfare, etc. However, the I-134 canNOT be used for the I-130 and/or for the adjustment of status if the spouse is inside of the US and instead INS and the US Consulate require the I-864 Affidavit of Support. This one is enforceable and the person sponsoring the foreigner can be made to repay the funds expended on behalf of the foreigner by the government.
I can understand your parents reluctance. It is a burden because not only are they responsible for him while you are married, if you divorce the responsibiity continues until he
1) Works 40 quarters (10 years); or
2) Becomes a US citizen.
Even if he marries someone else after your divorce, as long as he has his greencard before your divorce that I-864 is still in effect until one of the two things above occur.
Your situation is a bit tough as the US Consulates can make demands outside of what is on the I-864. We have seen that some US Consulates demand tax returns when they are not required because the sponsor is NOT self-employed. Also the climate of distrust of immigrants from South American countries is high. I can imagine that they will make you jump through hoops and over fire to get him here.
Just keep plugging away at the personnel at the US Consulate and remember to get names and record the times you called for future use if necessary.
Does your husband have a skill? If so, can he start job hunting here (online). Is it a marketable skill? Can you supply classified ads from your area showing that he has the potential to work almost from day one of entering the US?
Rita
Explanation: For the K-1 the I-134 Affidavit of Support is used. This Affidavit is not enforceable by the federal government if the foreign spouse takes means tested benefits, i.e. welfare, etc. However, the I-134 canNOT be used for the I-130 and/or for the adjustment of status if the spouse is inside of the US and instead INS and the US Consulate require the I-864 Affidavit of Support. This one is enforceable and the person sponsoring the foreigner can be made to repay the funds expended on behalf of the foreigner by the government.
I can understand your parents reluctance. It is a burden because not only are they responsible for him while you are married, if you divorce the responsibiity continues until he
1) Works 40 quarters (10 years); or
2) Becomes a US citizen.
Even if he marries someone else after your divorce, as long as he has his greencard before your divorce that I-864 is still in effect until one of the two things above occur.
Your situation is a bit tough as the US Consulates can make demands outside of what is on the I-864. We have seen that some US Consulates demand tax returns when they are not required because the sponsor is NOT self-employed. Also the climate of distrust of immigrants from South American countries is high. I can imagine that they will make you jump through hoops and over fire to get him here.
Just keep plugging away at the personnel at the US Consulate and remember to get names and record the times you called for future use if necessary.
Does your husband have a skill? If so, can he start job hunting here (online). Is it a marketable skill? Can you supply classified ads from your area showing that he has the potential to work almost from day one of entering the US?
Rita
Jun 12th 2001, 4:19 pm
#4
Guest
Posts: n/a
THANKS! I spoke to INS this morning after a fruitless spell on the fon with the
Embassy ( today featured disconnections and busy signals, no live help. I know you
ALL have been throught this
) The INS told me assests were indeed acceptable and
that income tax forms that i did not have were not a problem. It was not necessary
that I didn't work if I had assets and that, that was the law and the Embassy should
know it. Now I see, that I may be in for a long haul here. Thanks, Rita, I am
steeling myself once again. Lili Sovero
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Embassy ( today featured disconnections and busy signals, no live help. I know you
ALL have been throught this
) The INS told me assests were indeed acceptable andthat income tax forms that i did not have were not a problem. It was not necessary
that I didn't work if I had assets and that, that was the law and the Embassy should
know it. Now I see, that I may be in for a long haul here. Thanks, Rita, I am
steeling myself once again. Lili Sovero
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Jun 12th 2001, 11:47 pm
#5
Guest
Posts: n/a
Again thanks alot. I have been reading the sites you suggested. I appears the Lima
consulate may be a bit ougher than some. I do feel that if I were there with him
things might go easier. Perhaps that is what we will have to
do. In the meantime we will plug away at them and continue going broke doing so!!!
Lili Sovero
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consulate may be a bit ougher than some. I do feel that if I were there with him
things might go easier. Perhaps that is what we will have to
do. In the meantime we will plug away at them and continue going broke doing so!!!
Lili Sovero
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