I-134 Question 7 - Both outside USA

[dave196 0]

Good afternoon everyone,

First time posting on here.

My partner is an American who has been living with me in New Zealand for the past 3 years.

We have decided to go ahead and start the process of getting a K1 visa.

On question 7 of the I-134 form, she needs to declare income - BUT we are both working outside of the USA, and will be unemployed on arrival in the states.

Do declare her New Zealand income as part of this? Or do we say unemployed?

Unfortunately, we are young, so have no assets by which to support our application.

Any advice is much appreciated.

[SalSterling 10]

There is no condition for I-134 that overseas income is not acceptable. US citizen working overseas must file their tax returns and your US citizen partner just need to 3 years of returns and also need to send last six months of bank statements along with 1-134 to prove you both can move there and get married in US. It is better to consult with an immigration attorney to be on safe side.

[Alaska2012 462]

Unless it's an income that will continue once you move it won't count for anything. You will need a joint sponsor.

[pushbrk 12,085]

There is no condition for I-134 that overseas income is not acceptable. US citizen working overseas must file their tax returns and your US citizen partner just need to 3 years of returns and also need to send last six months of bank statements along with 1-134 to prove you both can move there and get married in US. It is better to consult with an immigration attorney to be on safe side.

This is wrong. The only income that can be counted, and therefore entered on the I-134 is income that will continue from the same source, once the US Citizen returns to the US. When stating zero income, no tax returns are required, but the tax returns will need to be filed anyway to do the affidavit of support needed AFTER the marriage. (I-864)

Sounds like you'll need a qualified co-sponsor for the visa stage, at least. If the USC is employed by the time you apply to adjust status after marriage, then they can qualify as sponsor for the I-864 on their own.

You do NOT file an i-134 with the petition though. It is taken to the interview at the end of the visa process, along with one from a qualified co-sponsor.

[pushbrk 12,085]

Unless it's an income that will continue once you move it won't count for anything. You will need a joint sponsor.

The I-134 does not provide for a "joint sponsor". I know what you mean though. "Co-sponsor" is a term we use here to describe what is really just a "qualified sponsor" submitting an I-134 in addition to the unqualified petitioner.

"Joint sponsor" is a term that applies to the I-864 used, in this case, when applying to adjust status after marriage.

[dave196 0]

This is wrong. The only income that can be counted, and therefore entered on the I-134 is income that will continue from the same source, once the US Citizen returns to the US. When stating zero income, no tax returns are required, but the tax returns will need to be filed anyway to do the affidavit of support needed AFTER the marriage. (I-864)

Sounds like you'll need a qualified co-sponsor for the visa stage, at least. If the USC is employed by the time you apply to adjust status after marriage, then they can qualify as sponsor for the I-864 on their own.

You do NOT file an i-134 with the petition though. It is taken to the interview at the end of the visa process, along with one from a qualified co-sponsor.

Thanks for your very informative response.

We have some savings (~15kUSD) which I think should be enough to cover me for the 90 day K-1 period, would I still require a sponsor?

USC already has a job offer for once we are back so will meet sponsorship requirements for the greencard.

Thank you again.

[pushbrk 12,085]

Thanks for your very informative response.

We have some savings (~15kUSD) which I think should be enough to cover me for the 90 day K-1 period, would I still require a sponsor?

USC already has a job offer for once we are back so will meet sponsorship requirements for the greencard.

Thank you again.

No, not even close. You would need three times the annual income requirement to qualify, at minimum. If a job is lined up for once the petitioner is here, you have two options. First, simply have the US Citizen come back ahead of the foreign fiance(e), so that they have current income to qualify. Otherwise, yes, you'll need a qualified joint sponsor. Easier to find one, when they only have to sign the non-binding I-134 and never the I-864 which could bind them for (potentially) the rest of their life.

[dave196 0]

No, not even close. You would need three times the annual income requirement to qualify, at minimum. If a job is lined up for once the petitioner is here, you have two options. First, simply have the US Citizen come back ahead of the foreign fiance(e), so that they have current income to qualify. Otherwise, yes, you'll need a qualified joint sponsor. Easier to find one, when they only have to sign the non-binding I-134 and never the I-864 which could bind them for (potentially) the rest of their life.

Thank-you once again for your reply.

I think I will likely get a friend in USA to be my I-134 sponsor for my K1, and then once we are over there my fianceé will be the sponsor on my I-864.

Is the liability for the sponsor on the I-134 is only for the period before my Greencard is processed, at which stage the liability is transferred to the sponsor on the I-864 (my fianceé)?

Thanks,

Dave.

[pushbrk 12,085]

Thank-you once again for your reply.

I think I will likely get a friend in USA to be my I-134 sponsor for my K1, and then once we are over there my fianceé will be the sponsor on my I-864.

Is the liability for the sponsor on the I-134 is only for the period before my Greencard is processed, at which stage the liability is transferred to the sponsor on the I-864 (my fianceé)?

Thanks,

Dave.

The I-134 is not binding. (Google it.) So, no actual liability.