Questions on I-134...

[dknight 0]

Hi, guys.

I have some concerns regarding form I-134 mainly due to inconsistencies in information that I am reading online. My current situation is that I want to file for form I-129F so that my fiancé can apply for a K-1 visa. I read through the whole process here and seems simple, but she has children. This is where I have some questions because we want to bring them with us, but not along with her K-1 application, but rather at a later date. How much later will depend on the answer I can get and other factors. Mind you that the children meet K-2 visa requirements, with the (possible?) exception of something I read in the embassy web site that I will copy/paste down below.

I read of the benefits of including the children in form I-129F. However, it is not clear to me what poverty guidelines will be used as far as household size is concerned. The "following to join" option in form I-134 is not clear to me because I don't know if all the children will be accounted for when my fiancé is applying for her visa during the interview.

The ideal situation would be for her visa to be approved, then she comes over and we take about a month or so planning the wedding. After that then we marry, spend 1-2 weeks in a lovely honeymoon (I know we can't travel outside the U.S. for this!). After that, we can dedicate the time needed to gather all the documents and start the process on children's visas. We want the children to come before the 1 year limit (ideally) after the K-1 visa is approved, but it will probably be more than six months after the appoval.

My income may, or may not be suffcient at the time of her interview depending on the poverty guidelines used by the embassy, or how big the consular officer thinks my household is if he/she will take into account the children, so I figured it is a better idea that she comes first and later when we have the necessary requirements it will be easier to bring the kids over. I may have the requirements already, because I've been in my current job for almost 8 years now and a couple months ago I received a considerable raise in my salary, but since it was recent they're not reflected in my most recent tax return.

So these two things I read in the embassy and state.gov web sites got me thinking:

"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline."

And...

"If the follow-to-join children are the beneficiaries of a K1 or K3 petition then you must bring a copy of the petitioner and bio-parent's marriage certificate.

There must be an Affidavit of Support (form I-864, www.uscis.gov) from the petitioner (even if he is unemployed). You must ensure that all children applying to join the Principal Applicant in the U.S. are included in the form. In addition to the form, he/she needs to submit the last declaration of tax (1040), and a copy of the LPR. The petitioner is the person who filed papers for the Principal Applicant to receive his/her visa. Note that K2 and K4 derivative children do not need an affidavit of support."

I read reports of consular officers requiring you the 125% even if it's for a I-134 form despite the instructions stating otherwise. Also my fiancé has children, but she was never married. What's this about requiring bio-parent's marriage certificate? Does she need written consent of the children's father to leave the country? I am worried of the complications and negative impact it can have on the K-1 so I came here to hopefully have everything clear and avoid making mistakes beforehand.

What do you guys think is the best way to proceed? Should I include the children in form I-134? If I do, will they be taken into consideration for household size? If so, can I fill the form without listing the children and that will be acceptable? I understand there are possible ways to bring relatives to the U.S. after we marry and we don't mind if we have to wait more than a year to make this a reality, but I would like to know what are all our options as long as we can all be together in the end.

Thanks!

Edited March 22, 2015 by dknight

[Boiler 43,561]

Current income is the figure that counts.

[dknight 0]

Thanks for your reply. I suppose that's good news. I can prove with an employment letter from my employer and my pay stubs, just wouldn't be able to prove it if they ask for my tax return as "further evidence".

I'm still curious when are the children taken into account in the household size and if they should or shouldn't be included right off the bat in the I-134 form. The difference between 100% and 125% could be a decisive factor as well. It could be the difference between us coming all together or being separated for a while. Maybe I am overthinking things and worrying too much ahead of time.

Hopefully children do not need expressed consent from a biological parent (that does not posses legal custody) to leave the country.

[al19 0]

hi I think he right current income but I also have a question on the I-134 do we just fill it out with the evidence that is needed to the fiancé to take to the embassy or do it have to send to uscis to b process first thanks

[dknight 0]

No, I don't think you need to send form I-134 along with your I-129F packet to USCIS. At the DHS level they don't need that information, so they'll just end up forwarding the documents to the embassy.