I-134 Affidavit of support Questions

[mspain 1]

Hi everyone,

I´m stressing out about the affidavit of support. I cannot find a co-sponsor. I am planning on taking a two month course over the summer to get my teacher certification and begin teaching on a full salaray in the fall. This means I could not work over the summer which is when my NOA2 is expected to arrive and petition to consulate. I want to send the email below to the consulate, but I wanted some advice on it- I don´t want to say anything that may come across the wrong way and possibly risk a visa denial.

To whom it may concern:

I am a US citizen who wants to bring my foreign fiancé to the US from Spain. I have been researching the K-1 visa and have heard some conflicting information regarding consular requirements. Some sources state that the I-134 is not required, but rather the I-864 that is filed upon Adjustment of Status is required.

I would like to know because I am considering changing professions. A recent college graduate, I studied three semesters in Granada (where I met my fiancé) and am fluent in Spanish, an in-demand skill in my profession which provides more job security. Although I am currently employed, I am exploring the possibility of taking a two month professional development course for an upcoming job opening that would exponentially increase my current earnings. Because I have money in my savings account, I can afford to work part time while I study, however I feel that submitting an I-134 would limit me, in that it would not allow me to work part time in order focus on developing my career, therefore expanding my earning potential in the long run.

I have several thousand dollars in my savings account and have a $12,000 line of credit open on one credit card alone, whose balance I pay off every month. I also have excellent credit and am very responsible with my money. Neither myself nor anyone in my family has ever received government assistance or public housing. I would never allow for my fiancé to become a public charge.

My fiancé himself has an excellent work ethic and would not be a burden on society. Here in the US I have already spoken with several small business owners, with whom I have connections, willing to hire him when he arrives in the United States. We are both young, 24 and 26, and are motivated and hard-working. We have not seen each other since January 14, 2010 and only want to be back together again. Please contact me in regards to the I-134. Thank you

[Bobby+Umit 161]

Hi everyone,

I´m stressing out about the affidavit of support. I cannot find a co-sponsor. I am planning on taking a two month course over the summer to get my teacher certification and begin teaching on a full salaray in the fall. This means I could not work over the summer which is when my NOA2 is expected to arrive and petition to consulate. I want to send the email below to the consulate, but I wanted some advice on it- I don´t want to say anything that may come across the wrong way and possibly risk a visa denial.

To whom it may concern:

I am a US citizen who wants to bring my foreign fiancé to the US from Spain. I have been researching the K-1 visa and have heard some conflicting information regarding consular requirements. Some sources state that the I-134 is not required, but rather the I-864 that is filed upon Adjustment of Status is required.

I would like to know because I am considering changing professions. A recent college graduate, I studied three semesters in Granada (where I met my fiancé) and am fluent in Spanish, an in-demand skill in my profession which provides more job security. Although I am currently employed, I am exploring the possibility of taking a two month professional development course for an upcoming job opening that would exponentially increase my current earnings. Because I have money in my savings account, I can afford to work part time while I study, however I feel that submitting an I-134 would limit me, in that it would not allow me to work part time in order focus on developing my career, therefore expanding my earning potential in the long run.

I have several thousand dollars in my savings account and have a $12,000 line of credit open on one credit card alone, whose balance I pay off every month. I also have excellent credit and am very responsible with my money. Neither myself nor anyone in my family has ever received government assistance or public housing. I would never allow for my fiancé to become a public charge.

My fiancé himself has an excellent work ethic and would not be a burden on society. Here in the US I have already spoken with several small business owners, with whom I have connections, willing to hire him when he arrives in the United States. We are both young, 24 and 26, and are motivated and hard-working. We have not seen each other since January 14, 2010 and only want to be back together again. Please contact me in regards to the I-134. Thank you

Unfortunately - that will not work. It is written in the FAM that an I-134 is required - there is no conflicting information in the regulations used for the embassies.

So you will need the I-134 - and you will need to prove income or use assets (that you meet the poverty level needed - most embassies are 100%, some want 125%) when you submit the I-134.

If you wish to use savings - you would have to show 5X the amount needed - if you use assets - the same applies.

My only advice is that you either -

1. get a co-sponsor (hopefully the embassy allows them, again, some do not)

2. wait till you get the income level needed in order to pass this stage.

[Anh map 2,098]

I-134 is required. http://madrid.usembassy.gov/cons/immigrenfiance.html

Any US citizen or LPR can be a sponsor/cosponsor.

A good (or bad) credit history does not matter. Current and continuing income (along with assets) is what will be evaluated.

Your fiance cannot work in the US until he receives his employment authorization which can be a couple of months after you file for adjustment of status which occurs after your wedding.

You could just slow down your filing of the packet 3 paperwork (and thus delay the interview) to allow you to secure a job after your course that will have an income that meets the requirements.

While it is no fun, you may have to wait a bit longer than you both first anticipated.

[Audy_Rob 26]

I think it seems reasonable, that if your course is only two months long, then as AhnMap suggested, you can slow down the Embassy stage by requesting (an automatic) extension of NOA2 and delayinh the submission or preparation of your I-134. But then it becomes incumbent upon you to get a decent job right after that two month course and get up and going.

I know you might be discouraged by the delay. I also have been asked by my beneficiary fiancee to slow down the Embassy interview stage by about 2-3 months (we already have NOA2) while she completes some commitments she believes she has at her work in Thailand. Obviously she is very dedicated and responsible.

[mspain 1]

When I say that ¨I´ve heard it´s not required to have to I-134¨ I mean that I have read several interview reviews that say they never even asked for the I-134 or that it was simply recommended to have one with you ¨just in case¨.

I have asked several family members to co-sponsor with no success. Any suggestions on how to ¨find¨ a co-sponsor?

Edited April 18, 2010 by meghan.spain

[K and L 27]

Would it be so terrible to continue your current position in the summer (even on a, say, 20hr/wk basis) while you are seeking certification, if it meant you were less likely to need the cosponsor?

[Bobby+Umit 161]

When I say that ¨I´ve heard it´s not required to have to I-134¨ I mean that I have read several interview reviews that say they never even asked for the I-134 or that it was simply recommended to have one with you ¨just in case¨.

I have asked several family members to co-sponsor with no success. Any suggestions on how to ¨find¨ a co-sponsor?

Most likely because you normally send in the I-134 (and supporting evidence) prior to going to the interview. They would not ask for it at the interview, since you should have sent it in all ready.

If you do not fill this need, they will RFE you before or during the interview. Plenty of posts here showing that happening.

Like Anh Map said - the embassy your looking to go to has that as a document required for the K-1.

A co-sponsor can be anyone, as long as they are either an USC or LPR, have the income level needed, 18+, and domiciled in the US.

[pushbrk 12,158]

You have other good answers already but the following from your post is a false statement, as written.

I feel that submitting an I-134 would limit me, in that it would not allow me to work part time in order focus on developing my career, therefore expanding my earning potential in the long run.

An I-134 is a statement of facts made under penalty of perjury. Filing it does not impact whether you are "allowed" to do anything. I think you mean your life plan prevents you from qualifying to sponsor your fiance until you start your job in the fall. Your solution is to delay the interview until after your first day on the new job, then provide an I-134 stating the new income as current and date it the day you start your job. You may then wish to include a letter explaining anything you think would help.

[mspain 1]

Hi all, my NOA2 was sent out last week and my case is on it´s way to the consulate. I was in the predicament above and a miracle happened. About 3 weeks ago I sent out my resume´s to about 40 schools in the area. I live in the best school district in Louisiana where people literally move to get there kids in school here- and it´s almost impossible to find a teaching job. Last Thursday I got a call in the evening from a very respectable and prestigious private school looking to interview for a Spanish teacher because they had a teacher moving away. The very same morning I was in for the interview, the very same Spanish teacher slipped and hurt her back. They asked me to substitute for her after the interview due to this weird coincidence. I have worked there an entire week now and love it. They have seen me in action and absolutely love me, so much so that they wrote me a contract today and asked if they could help me with anything. I mentioned the letter for the I-134 and they ever so graciously put together a wonderful letter addressed to the US Embassy in Madrid stating that I am currently employed with them as a permanent substitute, that they have observed me carefully and are satisfied with my work and that they have signed a contract with me as a Spanish teacher for the 2010-2011 schoolyear beginning August 2 and that should they have any questions to contact her. The principal is a highly respected nun.

I will be exceeding the income requirements with this job, the income is stated in the contract. Does this sound sufficient for the I-134? I´ll be sending in the letter and the contract.

[Audy_Rob 26]

... Does this sound sufficient for the I-134? I´ll be sending in the letter and the contract.

Hi meghan, Congratulations. Sounds like a great job.

If you receive any pay stubs between now and your fiance's interview send those along also. (The pay stubs are good documentation that things are really happening as written.)

Plus at least the last year's tax form or Tax Transcript should be provided. If you were not required to file a Tax Form you need to write a letter stating the reasons you were exempt from needing to file a tax form. If you send a copy of the Tax Form, you should also provide copies of an W-2's or 1099's.

Good luck.

[mspain 1]

Thanks for the reply. They are giving me temporary checks on a weekly basis as a substitute teacher and the pay is not equivalent to full time teacher (what is stated in the contract that I have). However, this pay does meet the requirements. Should I also include some assets? Also I did my taxes through turbo-tax for the last two years ( I was a student before this) and the print-out that I have is about 15 pages per tax year. Should I include all 15 pages? It also asks for a duplicate of everything- so I don´t want to make 30 more copies of this- is there just like one or two important pages to include and the rest are not that necessary?

Sorry that´s alot of questions- but you seem like you know what you´re talking about!

Thanks!

[Audy_Rob 26]

Thanks for the reply. They are giving me temporary checks on a weekly basis as a substitute teacher and the pay is not equivalent to full time teacher (what is stated in the contract that I have). However, this pay does meet the requirements. Should I also include some assets? Also I did my taxes through turbo-tax for the last two years ( I was a student before this) and the print-out that I have is about 15 pages per tax year. Should I include all 15 pages? It also asks for a duplicate of everything- so I don´t want to make 30 more copies of this- is there just like one or two important pages to include and the rest are not that necessary?

Sorry that´s alot of questions- but you seem like you know what you´re talking about!

Thanks!

1) Please copy the temporary checks and use them with the I-134. Make a cover letter for the I-134. Briefly explain the situation Substitute -> Full-time...The checks of current and sufficient income flow will be enough. Do not show assets.

2) It sounds like you have a written contract. If you have it, please make a copy and include it along with the letter of employment they wrote for you mentioned in an earlier posting.

3) You shouldn't need that many pages of TurboTax. Use the 1040 or 1040A and the major schedules, A, B, C, and D. I do not think you need to worry about every page because Turbo Tax generates a lot of worksheets like W-2 work sheet, AMT worksheets, etc...

4) If you use the Tax Forms, rather than Tax Transcripts, please add copies of your W-2s or 1099s. Statements of income.

5) Finally, in the I-134 cover letter, state you were not required to file in the third year (2007) because you were a student with income below the threshold for filing taxes.

Good luck.