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owaller

I-134 Filing when Fiancée Petitioner is a student

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Filed: Timeline

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

 

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Filed: K-1 Visa Country: Wales
Timeline

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline
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
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Filed: K-1 Visa Country: Philippines
Timeline

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

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Filed: K-1 Visa Country: Wales
Timeline
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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
Timeline
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

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Filed: Timeline
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

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Filed: Timeline
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?

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Filed: K-1 Visa Country: Wales
Timeline

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline
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? 

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Filed: Timeline
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

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Filed: K-1 Visa Country: Philippines
Timeline
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/

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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

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Filed: K-1 Visa Country: Wales
Timeline

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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