Lost job

[DeniseBill 4]

I know, and it's stupid but it's the way it is. I do say we have to do this. It just makes it easier for me to blame something while doing it. That's just my way of doing things. It's different for other people. I know why i'm doing this and will not stop untill I'm with the man I love. But still it calms me down =] It's the same as blaming an teacher when they did something that they have to do while you don't agree with it but you still do it... Get me? oh well. Thanks for your info

[JeroenAndMichelle 28]

Excuse me but I am not aware that Netherlands is a country that allows fiancees the opportunity at residency or citizenship under any circumstances. What are the words for that?

As a citizen I really don't care who people fall in love with as long as they can pay for it themselves. There are some rules to meet, get over it. I will be glad to give advice and I think some people here have maybe found a solution for you (provided his father earns over $18,500) so what's the beef with our country?

Good grief.

Actually, the Netherlands allows everyone from within Europe, the United States and Japan to move into the Netherlands and live there through marriage without the other rules that they have. For the other countries, people will have to submit to a test, similar to the US citizenship test (by the way, people from Europe, the US and Japan do not have to take this test in the Netherlands) and if this test is taken with good result, then they're allowed into the countrie also. So, in other words, the Netherlands does allow this, only the test is taken at an earlier point.

[DeniseBill 4]

Oke, Bill called the USCIS. And they gave this answer: For k-1 visa it's no problem not having a job. Your fiance can come to the States and you can marry her. Though for the status of permanent resident it'll be a problem. (i'm guessing green card?) He called again and another person said the same thing, and he asked to talk to the supervisor and he said the same thing as well. So i'm totally lost here now. I'm thinking of calling the Amsterdam consulate tommorow and see what they can tell me.

[Ladylethal 12]

Don't trust the misinformation line, at the consulate interview if they look at the I-134 and decide your fiance can't support you they will deny the visa.

[DeniseBill 4]

About that I-134. We did not send that. They made a list for us what to send and this was not part of it.... They didn't ask for it either. and when is it suppose to be filled out??? does it apply to the K-1 visa and the I-129F form? We're not married yet. We're engaged

Edited June 15, 2009 by DeniseBill

[Ladylethal 12]

No, the I-134 will be required at the interview.

[DeniseBill 4]

Oke I get it. Thanks

[Gary and Alla 3,696]

Excuse me but I am not aware that Netherlands is a country that allows fiancees the opportunity at residency or citizenship under any circumstances. What are the words for that?

As a citizen I really don't care who people fall in love with as long as they can pay for it themselves. There are some rules to meet, get over it. I will be glad to give advice and I think some people here have maybe found a solution for you (provided his father earns over $18,500) so what's the beef with our country?

Good grief.

Actually, the Netherlands allows everyone from within Europe, the United States and Japan to move into the Netherlands and live there through marriage without the other rules that they have. For the other countries, people will have to submit to a test, similar to the US citizenship test (by the way, people from Europe, the US and Japan do not have to take this test in the Netherlands) and if this test is taken with good result, then they're allowed into the countrie also. So, in other words, the Netherlands does allow this, only the test is taken at an earlier point.

I am aware they allow it through MARRIAGE. The US is one of a very small number of countries that allows prospective FIANCEEs to enter and have a path to residenct and citizenship. I am not aware that Netherlands does this

[Gary and Alla 3,696]

Oke, Bill called the USCIS. And they gave this answer: For k-1 visa it's no problem not having a job. Your fiance can come to the States and you can marry her. Though for the status of permanent resident it'll be a problem. (i'm guessing green card?) He called again and another person said the same thing, and he asked to talk to the supervisor and he said the same thing as well. So i'm totally lost here now. I'm thinking of calling the Amsterdam consulate tommorow and see what they can tell me.

You are calling the worng people. USCIS processes the petition, for which you DO NOT need the I-134. They DO NOT process the visa, this is done by the STATE Dept. at the consulates. THEY require the I-134 at the consulates. Then you come to the USA and adjust status, again through USCIS and then you need another affidavit of support, the I-864.

YES, you need the affidavit of support. If the USCIS was truthful and honest with you they would say "I don;t know, we don't handle that" but governemnt workers never say "I don't know" they prefer to make up new laws in their mind.

You have good advice here, you will need the affidavit of support for the interview, Someone, your fiancee or a co-sponsor needs to make in excess of the guidelines or have assets of 3x times that amount or the visa will not be approved. Any information to the contrary is wrong.

[DeniseBill 4]

Okies, I was already doubting but my fianceé insisted to call. I let him read and now he understands. Thanks. We asked his stephdad and he is willing to be co-sponsor ^^

[SCFsnoopy 0]

Denise, definitely get in contact with your consulate to ask what they will require in regards to the I-134. I emailed the Sydney (Australia) Consulate and they actually sent me the whole ... not sure what you would call it, but it was pretty much the "cheat sheet" actually written for the CO's in regards to the I-134 and in what situations should they deny it. I'm going to quote it because you can clearly see it's written for the CO's (plus you might get some useful info out of it, but please be aware, this information is specifically for the Sydney Consulate!:

Thank you for your inquiry.

Please refer to the following 9FAM citations regarding accepting I-134 affidavits of support. Basically, the consular officer at time of interview will make the determination whether or not he will require any additional information apart from the documents already submitted from your fiancé. The 125% guideline does not apply to the form I-134.

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-911; 11-02-2007)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR).

9 FAM 40.41 N4.6-2 Evidence of Support When Form I-864, Affidavit of Support Under Section 213A of the Act, Not Required

(CT:VISA-1126; 12-03-2008)

a. An applicant relying solely on personal financial resources for support for him or herself and family members after admission into the United States should be presumed inadmissible for a visa under INA 212(a)(4) unless his or her income (including any to be derived from prearranged employment) will equal or exceed the poverty guideline level for the applicant and accompanying family members. You should refer to 9 FAM 40.41 Exhibit I, Poverty Income Guideline Table, published by the Department of Health and Human Services (HHS).

b. Normally, all accompanying dependent family members and other dependent family members already in the United States are considered to be within the family unit for purposes of applying the poverty income guidelines. However, an applicant seeking to join a lawfully admitted permanent resident and two citizen children in the United States, who are receiving public assistance, may be determined to overcome the public charge provision if the applicant's prospective income will exceed on the poverty income guideline table for a single person. In this instance only, it does not matter that the applicant's prospective income will be below that shown in the poverty income guideline table for a family of four. It is quite possible that the admission of the applicant and the applicant's income in the United States may permit the lowering of the public assistance benefits the family members now receive.

c. You should not rely exclusively on the submission of documents to determine whether an applicant is inadmissible under INA 212(a)(4). Repeated requests for documents in an effort to resolve every small doubt should be avoided. There is a limit to the value of documents in a situation in which the applicant must satisfy the officer of his or her future activities, intentions, and prospects.

d. You should make every effort to inform applicants in advance of the visa interview of the required support documents. You should be in a position to issue or deny the visa under INA 212(a)(4) at the end of the initial visa interview, assuming that the applicant has made reasonable efforts to submit the evidence originally requested. (For example, in cases where a Form I-864, Affidavit of Support under Section 213A of the Act, is required, an application cannot be considered until that document and related information have been executed and considered satisfactory by you.) Applicants who are not likely to overcome the public charge provision even after the presentation of additional evidence should be refused. Adequate time and effort spent during the initial interview can save work for the post and the applicant in this respect.

e. An applicant may establish the adequacy of financial resources by submitting evidence of bank deposits, ownership of property or real estate, ownership of stocks and bonds, insurance policies, or income from business investments sufficient to provide for his or her needs, as well as those of any dependent family member, until suitable employment is located. (The amount sufficient will depend on the applicant's age, physical condition, and family circumstances and size.)

(1) Bank Deposits—Applicants relying on bank deposits to meet the public charge requirements should present as evidence a letter signed by a senior officer of the bank over the officer's title, showing:

(a) The date the account was opened;

(B) The number and amount of deposits and withdrawals during the last 12 months;

© The present balance. This information may prevent attempted abuse such as an initial deposit of a substantial sum of money being made within a relatively short time prior to the immigrant visa application; and

(d) How the money, if in a foreign bank in foreign currency, is to be transferred to the United States.

(2) Real estate investments—Evidence of property ownership may be in the form of a title deed or equivalent or certified copies. The applicant must satisfy you as to the plans for disposal or rental of such property and the manner in which the income from the property (if abroad) is to be transferred to the United States for the applicant's support.

(3) Stocks and Bonds—Evidence of income from these sources should indicate present cash value or expected earnings and, if the income is derived from a source outside the United States, a statement as to how the income is to be transferred to the United States.

(4) Income from business investments; or

(5) Insurance policies.

f. An applicant may also support a finding that he or she meets the public charge requirements by:

(1) Evidence of employment of a permanent nature in the United States that will provide an adequate income. A certified Labor Department Form ETA-9089 Application for Permanent Employment Certification, or Form ETA-750-Part A & B, Application for Alien Employment Certification) will show this if the applicant is subject to the provisions of INA 212(a)(5)(A). If the labor certification provisions do not apply, the employer may submit a notarized letter of employment, in duplicate, on letterhead stationery attesting to the offer of prearranged employment; or

(2) Assurance of support by relatives or friends in the United States.

g. Sufficient support from a combination of the above sources.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

(CT:VISA-911; 11-02-2007)

a. Because INA 212(a)(4)© and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:

(1) The sponsor's motives in submitting the affidavit;

(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);

(3) The length of time the sponsor and applicant have known each other;

(4) The sponsor's financial resources; and

(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.

d. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:

(1) Information regarding income and resources;

(2) Financial obligations for the support of immediate family members and other dependents;

(3) Other obligations and expenses; and

(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.

e. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

f. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.

Don't get down in the dumps about it. I am going through the same stress with my situation - my fiance may have to get a new (or additional) job just to sponsor me due to issues with his employer (the man's a #######, basically, I won't go into detail). Unlike most VJer's, we do not have the option of a co-sponsor because his parents think I will be hit by a bus or get cancer and they will have to pay the government for my welfare and they cannot be convinced otherwise. It is a waste of energy to get angry at the government, I like to think that if my fiance and I are prepared to get married then we are adult enough to deal with our financial situation as well and it's childish to play the blame game. I actually entirely agree that a foreign fiancee must prove sponsorship as I get angry at all of the immigrants, illegal and otherwise, in both Australia and the US who are benefiting from citizen's hard earned cash by failing to have their own support networks.

Edited June 16, 2009 by SCFsnoopy

[DeniseBill 4]

Thanks for your information. Sorry that you're parents in law don't want to be co-sponsor. Good luck with everything.

[Peter and Brandi 0]

You have good advice here, you will need the affidavit of support for the interview, Someone, your fiancee or a co-sponsor needs to make in excess of the guidelines or have assets of 3x times that amount or the visa will not be approved. Any information to the contrary is wrong.

Isn't it 5 times the assets? Or does that only apply to her?

[DeniseBill 4]

He owns half of a house. But the house isn't paid off so can't use that right?

[Ladylethal 12]

As long as your co-sponsor meets the guidelines you'll be fine! Since for the AOS that info is also very important verify with your co-sponsor if he'll be willing to sign another affidavit then. Glad you got a co-sponsor and good luck.