HELP HELP PLEASE!!!

[TracyTN 237]

My posting was to assist the OP with their question. The K-1 is a technically a "non-immigrant" type of visa and technically the I-134 is used. That was my only point.

And, I am aware that various consulates look for a higher % level than just the 100%. But, how did Costa Rica enter this discussion? The question was the OP's, not mine.

Since you brought up London, are you telling the group that the consulate there will deny the K-1 to a beneficiary if the petitioner earns over the poverty level plateau but not quite 125% at that moment? Which form do they ask for at the interview...I'm curious? Do they not give consideration to the fact that the petitioner or sponsor may receive a raise in pay/income, take a second job after their loved one arrives and they marry...or whatever?

Franc

Sorry - I somehow got you confused w/ the OP. I should have said 'your consulate' instead of Costa Rica.

London asks for the I 134 for K visas. As far as will they deny someone a visa if they don't hit the 125% - I can't say what a particular conoff will/won't do on any given day...not sure anyone can. I do know that, from anecdotal experience, folks have been sent away when they don't meet that criteria and asked to come back with a joint sponsor. Do I have links lined up in which to prove that - no. But it has been the general rule of thumb for London applicants as long as I can remember, and folks prepare their I 134s accordingly.

To my knowledge, London (and other consulates) prefer to take current situations into consideration over possible future employment. If they didn't, then they'd just be taking people at their words, and if circumstances were to change or not come to pass, then the alien could conceivably become a public charge. Probably not a chance they're willing to take.

I suppose the only case in which they might is DCFs, where the US petitioner is in the process of creating a domicile again in the US, and has a new job waiting for them. (Should mention, though, that in the case of DCFs, the I 864 is used - not the I 134).

[Bobby+Umit 161]

To my knowledge, London (and other consulates) prefer to take current situations into consideration over possible future employment.

You are correct - on the basis for the affidavit:

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

Yes - this is for the 864, however, going through the FAM and previous examples, they appear to follow this guideline for the 134 in determining income.

[precious.thing 0]

thank you very very much everybody for your help!!!

i do have another question ... i am having a lot of problems to find a co sponsor, seeems that they get scared ... could i use 2 co sponsors to meet the criteria???

lets say one made $10,000 in 2009 and has no dependents, and the other one made $9,000 and has no dependents either ... add my miserable salary of 2009 $2000 plus $5000 in bank accounts. Would that work with the ankara consulate???

[JimVaPhuong 4,863]

thank you very very much everybody for your help!!!

i do have another question ... i am having a lot of problems to find a co sponsor, seeems that they get scared ... could i use 2 co sponsors to meet the criteria???

lets say one made $10,000 in 2009 and has no dependents, and the other one made $9,000 and has no dependents either ... add my miserable salary of 2009 $2000 plus $5000 in bank accounts. Would that work with the ankara consulate???

That won't work with ANY consulate. With the I-134 you may have only one co-sponsor, and their income is not combined with yours. Either you must qualify on your own income and/or assets, or you need a co-sponsor that qualifies on their own income and/or assets.

[HeatDeath 430]

thank you very very much everybody for your help!!!

i do have another question ... i am having a lot of problems to find a co sponsor, seeems that they get scared ... could i use 2 co sponsors to meet the criteria???

lets say one made $10,000 in 2009 and has no dependents, and the other one made $9,000 and has no dependents either ... add my miserable salary of 2009 $2000 plus $5000 in bank accounts. Would that work with the ankara consulate???

Definitely not.

The I-864 affidavit of support, used during the AOS process [and, incidentally, more legally binding than the I-134] allows for up to two joint sponsors, but each joint sponsor must be able to qualify, on their own, with a salary sufficient for a household that includes themselves and one or more of the people immigrating. An immigrant cannot be "shared" between the two joint sponsors - each joint sponsor must have sufficient income to accept the stated financial responsibility for at least one whole immigrant.

As a nonimmigrant visa, the K-1 application process is required to use the I-134 for the affirmation that the applicant will not become a public charge. Because the K-1 visa is designed to facilitate eventual immigration, most consulates use the more specifically defined rules of the I-864 in addition to the rules of the I-134 to decide whether an intending K-1 applicant is likely to become a public charge. Because the I-864 allows for up to two joint sponsors, most consulates will use their discretion to allow a K-1 applicant to have at least one cosponsor with their I-134. But as I said above, each joint sponsor would have to be capable of qualifying entirely on their own. Three people who, individually, could not qualify to sponsor somebody, cannot, in combination, sponsor anybody. You will need to find a co-/joint sponsor with sufficient income that they could qualify as a primary sponsor on their own, if they so chose.