Jump to content
owaller

I-134 Filing when Fiancée Petitioner is a student

15 posts in this topic

Recommended Posts

Hi everyone, I could really use some help. I am very unclear from reading many other forum posts on how this goes..

 

I am the petitioner for the K-1 for my British fiancé. We made it through the first half of the K-1 and now he must do the interview and prove financials, but he has only been graduated and working for a year and does not have sufficient funds so he needs a sponsor. I am a student- graduating in May 2017. I have accepted a job offer (with a tentative start date of June 12, 2017) at a salary of $58,000, but I know since I am not receiving this income yet, it does not count.

 

My dad prefers not to co-sponsor but has an account in my name with $94,000 in it. As I am not receiving an income, for the I-134 form, can I fill out as the sponsor and just state this account as my assets because the form says to prove financials by income or financial assets. Is this sufficient/does a bank account with funds count? I really do not want to be denied and have the process slowed down. 

 

In addition, should I submit my job offer and acceptance to prove I will be shortly meeting the income requirements, definitely by the time of AOS? If I can fill out the form myself, do I state that I am a full time student as my job? Anything else I should consider?

 

Please help!

 

Thank you

 

Share this post


Link to post
Share on other sites
3 minutes ago, Boiler said:

If you are going to use that account just make sure your Dad is OK with it.

Yes- he told me to use this account. But is this amount sufficient without an income? I keep reading different guidelines everywhere. Some people say they won't accept just assets, etc. I'm confused why the embassy doesn't give clear instructions on what is expected for the I-134 vs the I-186. 

Edited by owaller
Added more information

Share this post


Link to post
Share on other sites

The petitioner has to show proof of income not the beneficiary, you said he (fiancé) is going to interview and needs to show income, I don't think they even look at the beneficiaries income or financial status, just the petitioner. Maybe it's your wording but it was very confusing reading the second paragraph. The beneficiary goes to the interview...he brings the I-134 for the petitioners income (which you've stated you are a student and will need a co-sponsor), but kept stating he (your fiancé) needs a sponsor. Maybe your confused on him having to show income, only you do as the USC.

 

Also before you even filed for the K-1 visa you should have had a plan ready for your financial status, better to be prepared ahead of time but now you might be in a bind, have you posted in the British/UK section?

Edited by javadown2

Share this post


Link to post
Share on other sites
1 minute ago, javadown2 said:

The petitioner has to show proof of income not the beneficiary, you said he (fiancé) is going to interview and needs to show income, I don't think they even look at the beneficiaries income or financial status, just the petitioner. Maybe it's your wording but it was very confusing reading the second paragraph. The beneficiary goes to the interview...he brings the I-134 for the petitioners income (which you've stated you are a student and will need a co-sponsor), but kept stating he (your fiancé) needs a sponsor. Maybe your confused on him having to show income, only you do as the USC.

London allows K1's to self sponsor so yes he could, limits are lower than the I 134 suggests. Assumed he had nothing of consequence, well that was implied.

Share this post


Link to post
Share on other sites
5 minutes ago, Boiler said:

London allows K1's to self sponsor so yes he could, limits are lower than the I 134 suggests. Assumed he had nothing of consequence, well that was implied.

Ok..my bad...interesting.

Edited by javadown2

Share this post


Link to post
Share on other sites
1 minute ago, Boiler said:

London allows K1's to self sponsor so yes he could, limits are lower than the I 134 suggests. Assumed he had nothing of consequence, well that was implied.

He does not have enough to self sponsor (I assume based on his income and how much he has to spend to commute), but I am not sure what the limits are? 

 

I just want to know- because my dad does not want to co-sponsor- if I do not have an income because I am a student, if my asset of a bank account in my name which my dad told me to use of $94,000 is enough to sponsor him? I do not understand what exactly I need as the sponsor because it is not clear after reading many different things. 

 

Thanks

Share this post


Link to post
Share on other sites
3 minutes ago, javadown2 said:

And none of that was confusing that they are stating the interviewed person was the person needing to show income?

Okay I am sorry maybe I am misunderstanding but my point is, even if I have to prove the income not my fiancé who I thought had the option of self-sponsoring if he had the means to do so- is my bank account of $94,000 without income enough to sponsor him?

Share this post


Link to post
Share on other sites
1 minute ago, Boiler said:

London just needs you to show you have enough to last 90 days, not sure what it is now probably c US$10,000.

 

When you come to adjust then you are back to the normal situation.

Thank you, but sadly I don't think he has that much saved. In this case, is my $94,000 bank account (no income) enough to sponsor him until the AOS which by then I will be making an income of $58,000? 

Share this post


Link to post
Share on other sites
20 minutes ago, javadown2 said:

The petitioner has to show proof of income not the beneficiary, you said he (fiancé) is going to interview and needs to show income, I don't think they even look at the beneficiaries income or financial status, just the petitioner. Maybe it's your wording but it was very confusing reading the second paragraph. The beneficiary goes to the interview...he brings the I-134 for the petitioners income (which you've stated you are a student and will need a co-sponsor), but kept stating he (your fiancé) needs a sponsor. Maybe your confused on him having to show income, only you do as the USC.

 

Also before you even filed for the K-1 visa you should have had a plan ready for your financial status, better to be prepared ahead of time but now you might be in a bind, have you posted in the British/UK section?

Well I have been discussing this with my dad but he said we will figure it out and now the time is here. It's not clear exactly what I need to prove if I'm the student. The instructions for the I-134 don't even state what you exactly need, you just fill out the form. Do you have somewhere to point me of what exactly I need?

 

No- I have not posted to the British/UK section, I am new to this site as of today. Could you post the link so I can post in that section as well? Thank you

Share this post


Link to post
Share on other sites
13 minutes ago, owaller said:

Well I have been discussing this with my dad but he said we will figure it out and now the time is here. It's not clear exactly what I need to prove if I'm the student. The instructions for the I-134 don't even state what you exactly need, you just fill out the form. Do you have somewhere to point me of what exactly I need?

 

No- I have not posted to the British/UK section, I am new to this site as of today. Could you post the link so I can post in that section as well? Thank you

http://www.visajourney.com/forums/forum/99-united-kingdom/

Share this post


Link to post
Share on other sites

About your dad not wanting to sponsor. Is he aware that the legal implications are not at all the  same as for the i-864 during AOS? It's just to show that your fiancé will not become a public charge once arrived.... At AOS you will be sponsoring through the i-864 which on the other hand is a big legal commitment. At that point the i-134 sponsorship will not even matter anymore. I can see why your dad wouldn't want THAT commitment. 

 

Here's one thread about it, there are mny

http://www.visajourney.com/forums/topic/254622-i-134-when-does-sponsor39s-resp-end/

Edited by Suss&Camm

Share this post


Link to post
Share on other sites
Just now, Boiler said:

I 134 is not legally enforceable and London do not seem to make much fuss about it, however that account is more than enough.

 

I 864 is the one that matters.

Yes, the account is def more than enough.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×