A few K-1 visa questions...

[KellyandNino 0]

Hey everyone,

First and foremost, thanks to whoever created this site and all that participate. Geez, it's really nice to have a website with so much information and support for what seems like the most difficult process I have ever encountered.

So I am preparing my packet to send in the next few weeks, but I have a few questions that are looming in my mind. Before I ask the questions, let me just give you a quick summary of my present situation.

My girlfriend came to the US (San Francisco) as an au pair in June of 2006 on a 2 yr visa. We met July of 2007 and instantly bonded. She left the US in June of 2008 back to South Africa. She tried a couple of times to just get a tourist visa to come back so I could marry her, but was denied both times.

So I flew to visit her in late December and stayed for 2 weeks (I'm in South Africa right now).

Before I left to visit her, I was laid off from my job. I am presently collecting unemployment. Obviously this financial status was not really part of the plan.

One promise that I made myself was that if I ever found myself out of a job, I would take that opportunity to travel. This is something I spoke to her about and she knew it has been a long-time goal of mine.

My plan was to utilize my savings to travel South America for 4-5 months while the Visa application went through its typical 6+ month process and by the time I got back, I could get a job...and she would be hopefully on her way...provided we did everything right. That plan seemed awesome to me.

The thorn on my side at the moment is the financial requirements on the I-134 form once she goes for her interview. Once I return from South America, I should be getting a check of $450 per week via unemployment. I read somewhere that at least $15,000 salary per year was required for sponsorship. Unemployment would put me over that mark and I have it approved until December 2009.

With all that said, here are a few questions I have:

- What are the minimum financial requirements for the I-134 (minimum salary, account balance, etc.)

- Some people in other site forums have mentioned co-sponsors are not allowed on K-1 visas. Is this true?

- If co-sponsors are allowed, would my situation require one?

- I was thinking maybe she could hold off on the interview after getting approved for the visa, so that I could hurry and get a job. How long does one have after getting approved for the visa, before they need to have the interview?

- Any folks out there have a similar situation in terms of getting approved for a k-1 when the sponsor was unemployed or making very little money?

If I have to end my South America trip early to find a job, I will. Obviously this has been such a long time dream, that I would really like to take advantage and really enjoy this trip. But making sure she gets her visa approved and everything goes smooth is most important.

Any advice out there in terms of what I can do to make this all work out, and hopefully not need to end my trip early, would be much appreciated.

My ideal timeline, as I saw it, is below:

End of Jan: Submit I-129f packet

Beg of Feb: Start South America travel

Late June/Early July: Return from trip, collect unemployment, and get a new job asap (I'm very well qualified in my field, so I don't see this being too difficult).

July: Visa approved

This is obviously provided I don't have any RFE's. I plan to put tons of effort getting this packet right.

Thanks in advance for any help.

Nino

[ellmvl 1]

Use this guide for your I-134 2008 Poverty Guidelines

Co-sponsors are only allowed in K3, IR-1/CR-1 Visa.

Once your petition will be approved it will be forwarded to the NVC and sometimes it only takes a week or two for NVC to process and send to your fiance's consulate. Some consulates gives interview dates while others send a letter to the beneficiary that they are eligible for visa interview then they can make an appointment.

Hope everything goes smooth...and have fun on your trip!

[Laura+Tom 2]

Use this guide for your I-134 2008 Poverty Guidelines

Co-sponsors are only allowed in K3, IR-1/CR-1 Visa.

Once your petition will be approved it will be forwarded to the NVC and sometimes it only takes a week or two for NVC to process and send to your fiance's consulate. Some consulates gives interview dates while others send a letter to the beneficiary that they are eligible for visa interview then they can make an appointment.

Hope everything goes smooth...and have fun on your trip!

Not technically true. Most embassys do allow co-sponsors for a K1, it's just a matter of checking. Just because Manila doesn't, it doesn't mean theirs is the same.

Edited December 30, 2008 by Laura+Tom

[Old Dominion 26]

You will need a co-sponsor, and it is not uncommon for K-1 visa applicants to have one. To sponsor her, you would need $17,500 predictable annual income and you won't have it. You will need to prepare the I-134 around April, according to your planned timeline. Will there be someone who can read your mail in case USCIS asks for more information regarding your petition? If all goes well, she would be interviewed in July or August and it is not too wise to try to postpone the interview -- one reason being that the approval of your petition is valid for only three months. Does this help?

[Ranchris 0]

Use this guide for your I-134 2008 Poverty Guidelines

Co-sponsors are only allowed in K3, IR-1/CR-1 Visa.

Once your petition will be approved it will be forwarded to the NVC and sometimes it only takes a week or two for NVC to process and send to your fiance's consulate. Some consulates gives interview dates while others send a letter to the beneficiary that they are eligible for visa interview then they can make an appointment.

Hope everything goes smooth...and have fun on your trip!

Very beautiful greeting ell...it's so original!

[ellmvl 1]

Not technically true. Most embassys do allow co-sponsors for a K1, it's just a matter of checking. Just because Manila doesn't, it doesn't mean theirs is the same.

Ooops...my bad...sorry I just read somewhere here. I guess that's great that he can have a co-sponsor.

Very beautiful greeting ell...it's so original!

Thank you Ranchis. I am just learning how to photoshop...it's fun

Edited December 30, 2008 by ell

[Otto 83]

Co-sponsors are only allowed in K3, IR-1/CR-1 Visa.

Not true information - co-sponsors are routinely accepted for K1 Visas at most every (not all) Consulate/Embassy.

[pushbrk 12,295]

Use this guide for your I-134 2008 Poverty Guidelines

Co-sponsors are only allowed in K3, IR-1/CR-1 Visa.

Once your petition will be approved it will be forwarded to the NVC and sometimes it only takes a week or two for NVC to process and send to your fiance's consulate. Some consulates gives interview dates while others send a letter to the beneficiary that they are eligible for visa interview then they can make an appointment.

Hope everything goes smooth...and have fun on your trip!

Not technically true. Most embassys do allow co-sponsors for a K1, it's just a matter of checking. Just because Manila doesn't, it doesn't mean theirs is the same.

A co-sponsor will not be a problem in South Africa. The problem is rare and somewhat inconsistent in the few places it exists.

You'll need a co-sponsor, IMO as unemployment income won't convince a Consular officer your fiancee won't become a public charge. Enjoy your travels.

[Bobby+Umit 161]

Hello!

Make sure your not violating your unemployment benefits - not sure of the laws in your state/city - but in Ohio, you have to be looking for a job while you are getting the benefit, and since you are thinking of traveling....

[pushbrk 12,295]

Hello!

Make sure your not violating your unemployment benefits - not sure of the laws in your state/city - but in Ohio, you have to be looking for a job while you are getting the benefit, and since you are thinking of traveling....

He's already traveling and has indicated he'll draw unemployment upon his return.

[Bobby+Umit 161]

Hello!

Make sure your not violating your unemployment benefits - not sure of the laws in your state/city - but in Ohio, you have to be looking for a job while you are getting the benefit, and since you are thinking of traveling....

He's already traveling and has indicated he'll draw unemployment upon his return.

Yes - i saw that - but he said "I have it approved until December 2009" - which I take to mean, he has it approved right now. (unemployment)

But he if doesn't draw it right now, he would be safe.

[KellyandNino 0]

I'm not so worried about the unemployment thing at the moment. But I appreciate the concern/advice.

I just spoke to my mother about co-sponsoring, which is quite embarrassing since I'm a grown man (28 yrs old), but I couldn't think of any other family member in the area (they live all over the U.S.).

She said, "let me check into it and we can talk when you get back". I'm in South Africa at the moment, that's why she said, "when you get back".

She is a worry-wort about everything...literally. That is also another reason why I was hesitant to ask. I obviously know that the decision I'm making is right. I feel so great about this person and I've had relationships in the past and this one just doesn't compare.

But does my mother, or any co-sponsor I ask, have any reason to worry? Is this document legally binding in any way? If Kelly and I break up, for whatever reason, could she seek support from my mother (or co-sponsor). I just want to make sure and be upfront with whomever I ask.

At this point, I think I'm going to ask my brother instead, because I'd rather not deal with my mothers stress. But I want to make sure my brother knows all the ins and outs of the decision.

Thanks,

Nino

[Old Dominion 26]

The sponsor or cosponsor have "contracted" with the U.S. government to be sure the beneficiary will not end up as a public charge. It is a legally binding contract. Presumably, if she begins collecting any kind of government benefits, the sponsor will be billed by the government. It's fairly normal for a cosponsor to worry about that commitment. I know of no cases where the contract has been enforced by the govt. Once you are married and file for the green card, a new sponsor or cosponsor contract must be submitted. That one (it can be a different cosponsor) involves a commitment of ten years.

No, the beneficiary has no right to seek financial support from the cosponsor. The contract is only with the U.S. government.

[pushbrk 12,295]

The sponsor or cosponsor have "contracted" with the U.S. government to be sure the beneficiary will not end up as a public charge. It is a legally binding contract. Presumably, if she begins collecting any kind of government benefits, the sponsor will be billed by the government. It's fairly normal for a cosponsor to worry about that commitment. I know of no cases where the contract has been enforced by the govt. Once you are married and file for the green card, a new sponsor or cosponsor contract must be submitted. That one (it can be a different cosponsor) involves a commitment of ten years.

No, the beneficiary has no right to seek financial support from the cosponsor. The contract is only with the U.S. government.

This is not correct with respect to any K visa. The I-134 is not binding on the sponsor(s). After marriage, when adjusting status, the I-864 is used and IS the binding contract mentioned above. Unless the beneficiary becomes a public charge, the binding nature of the contract never comes into play.