I need help with K1 Visa

[rgmarzan1 0]

Hi! This probably has been answered before, but I haven't found answers to my questions as of yet. Sorry this is so long but I really need help so here it goes. In 2006 I met my now fiance in California. He was here on a work visa. It was for 6 months. We got together and shortly after my beautiful daughter was born. He continued to stay here even after his visa expired because he was trying to make money to go back to Mexico. Finally, someone asked us to drive one of their vehicles to Mexico. We were having problems because he wasn't able to work legally so we left. We lived there for a little over a year. I got pregnant with my second daughter and came back here to the USA in Nov. 2009. He stayed in Mexico. I was looking for a way to get him here. I found the USCIS website. Found the I-129F form and started the process. I received the approval of the petition. Now I see that we need to apply for the actual visa. Which I'm not sure if it is $350 or the $400 (I've found those different amounts). I also didn't know when I first applied that we would need an Affidavit of support. I haven't received a physical packet at all. My letter just stated that My fiance has an open appointment and to follow all instructions at http://ciudadjuarez.usconsulate.gov/fianceforms.html. (Is it possible that I will not receive a packet in the mail?) At this website K1packet-complete #13 it says "Proof of Economic Solvency (The petitioner can provide a letter from their current employer, recent check stubs, and current tax returns. The Affidavit of Support I-864 is not required. (A job offers letter for the beneficiary can also be provided)." I was born with bilateral club feet. Had 2 operations before I was 2yrs old. Still have a club foot. I am now trying to apply for SSI, with 2 children. I haven't been able to get a job. Will this be a problem? I can't sign an affidavit of support by myself cuz I have no money. I don't have anyone who is willing to sign one cuz they would be responsible for him for 10yrs minimum or until he becomes a citizen. That is a long time. Anything can happen. So does this mean that we have wasted our $455 for the petition just for it to come down to an affidavit of support. He was supposed to come here and get a job and once able to support us we would move out of my mothers house. I have found him a job, it pays $8 an hour/40 hours a week. (this was the only one I could get without him being here and having his actual license and ss card. Also is it okay if once he's here that he get a better paying job or would he get in trouble for leaving the job that was offered to him?) And if this is it...then why isn't there a way for a new person that doesn't know anything about this to know that they will need to have someone support him. I didn't find out that this was NEEDED until I got my letter stating that "This office is pleased to inform you that it can begin to process your fiance visa case." So, I ask with a sad heart, does this mean I'm stuck. Is there any way I can get him here cuz he is suppose to support our two daughters and me. The good thing is that he wants to come be with his daughters and take responsibility for us. Please Help me!!!

[eRica&Toney 5]

They do require you to show proof that you are able to support him while he is here (in the US). Staying with your mom is not helping the issue either, unless she can sponsor him. Now the job you found him (without him being here) seems to be understanding people, see if they are willing to sponsor/vouch for him?

Your situation is....you have two kids by him, have medical issues which will lead to SSI (gov't bill), so in the gov't eyes they are not seeing where you are able to support your family, unless you can get someone else who is able to sponsor.

It is required by law that the petioner has to sponsor whoever they are trying to bring over....(the gov't just don't want the bill on them).

You can write a letter of Hardship explaining everything you just wrote, that might also help.

[NigeriaorBust 4,087]

From your timeline he also has significant overstay to deal with. When he gets to the interview he will be denied because of the overstay and be given a 10 year ban. You can submit the paperwork for that at the interview. An employer can't do that so the employer sponsored visa is out because he choose to stay here illegally. You will need to solve the support issue also. He won't be able to work until he gets here you are married and he has either an EAD or a green card in hand. There is another forum that specialized in hard cases like this. It is immigrate2us.net . They should be able to provide you with a lot of support

[mike101 8]

Unfortunately the US Government will require you to have a 1-134 form that guarantees that your fiancee will be supported financially while here in the USA. If you cant find a co-signer I'm not sure there is anything you can do. I went through this process with my wife in Colombia and just about everyone who was denied was denied because of a problem with their I-134 support papers.

[rgmarzan1 0]

To: NigeriaorBust I found the I-212 form and on it, it says

"Persons Permitted to Reapply for Admission Without Filing This Application. 1. Persons who were excluded from admission and removed or deported more than one year ago.

2. Persons who voluntarily departed from the United States without expense to the U.S. Government and without an order of removal or deportation having been entered.

3. Persons who have been outside the United States for five successive years following their last removal or deportation.

So if I understand this that means that we don't have a problem with him staying here over his time because he left voluntarily and without an order of removal or deportation having been entered. If anyone finds any different info please let me know. Thanks

Now I read somewhere that if someone tries to come here on a different visa knowing that they want to get married that will be considered fraud. So, the work visa is out of the question, but is there a way that an employer can sponsor him filling the affidavit of support form without it being a work visa issue?

[rgmarzan1 0]

I have been hearing a lot about the I-134 lately. Is this form taking the place of the I-864 or is it for certain people?

[rgmarzan1 0]

I need help determining whether I need the I-864 form or if I can use the I-134. I also need help understanding what the differences are between the two. For the I-864 it says the sponsor is responsible for the applicant until 40 quarters or becomes a US citizen. All I read in the I-134 form is that if the person applies for help ex. food stamps or SSI, the sponsor will have to re-pay if requested. I didn't see anywhere that the sponsor is responsible for the alien for 40 quarters. Again, I need help to understand if I can use the I-134 form. Also, it mentions a bond the sponsor is willing to pay, IF ASKED TO, to show that the alien won't become a public charge...has any of you had to pay this bond? If so, you don't need to tell me the actual number but if you could give me an idea of how much it was that would be great!

My Step-Father had already filled out and signed the I-864 form. But then started thinking if my fiance gets into an accident or gets hurt really bad he would be responsible to pay the bill. Is that true or is he only responsible for any government bills...ex. food stamps or medicaid? Please help! I appreciate all the input I have received so far. Thanks

[JimVaPhuong 4,863]

To: NigeriaorBust I found the I-212 form and on it, it says

"Persons Permitted to Reapply for Admission Without Filing This Application. 1. Persons who were excluded from admission and removed or deported more than one year ago.

2. Persons who voluntarily departed from the United States without expense to the U.S. Government and without an order of removal or deportation having been entered.

3. Persons who have been outside the United States for five successive years following their last removal or deportation.

So if I understand this that means that we don't have a problem with him staying here over his time because he left voluntarily and without an order of removal or deportation having been entered. If anyone finds any different info please let me know. Thanks

Now I read somewhere that if someone tries to come here on a different visa knowing that they want to get married that will be considered fraud. So, the work visa is out of the question, but is there a way that an employer can sponsor him filling the affidavit of support form without it being a work visa issue?

The I-212 waiver is for people to apply for readmission after deportation or removal. That's not the waiver you'll need. Your fiance is inadmissible because of his overstay. An overstay of between 180 days and one year results in an automatic 3 year ban. An overstay of more than a year results in an automatic 10 year ban. An I-601 waiver is needed to overcome this ban. In addition to the form itself and the filing fee, you'll need to provide evidence that his ban is an extreme hardship on you. Given your circumstances, it doesn't sound like this will be too difficult to prove. Even so, getting this waiver approved can be tricky. You'll probably have a much better shot with a good immigration attorney helping you.

Even though you have no income, you still have to submit an affidavit of support because you are the primary sponsor. Even if you begin receiving SSI you will not be able to claim that as qualifying income. SSI is a means tested benefit, and the whole purpose of the affidavit of support is to guarantee the immigrant won't collect means tested benefits. You'll need a co-sponsor.

An employer's company cannot sponsor him for a family based visa, but an individual at the company could. If his future employer is qualified as an individual, and is willing to sign an affidavit of support, then he could be a co-sponsor. He'll need income at least 125% of the poverty guidelines for his household size (which includes your fiance), and he must be either a US citizen or LPR living in the United States.

The form you use depends on the consulate. The majority use the I-134 for a K1 visa, but a few ask for the I-864.

The I-134 was used by USCIS for a long time, until it was determined not to be an enforceable contract by several courts. Changes in immigration law in 1996 required a legally enforceable contract to be used for the affidavit of support, and the I-864 was developed for this purpose. USCIS uses the I-864 almost exclusively, and consulates also use it for immigrant visas. For non-immigrant visas, many consulates use the I-134 since they don't really need an enforceable contract at that point - they just need a screening tool to determine if the alien meets the "public charge" requirements. Ignore the I-134 form instructions - they were written by USCIS, and the consulates are not obligated to follow them. The consulate will tell you what they require to be submitted with the I-134.

A word of advice - do not try to figure out the US immigration process by only reading the form instructions, or hoping that the US government will tell you what they need. The forms are a formality. Underneath the forms is the Immigration and Nationality Act and the Code of Federal Regulations - these are the laws that govern immigration. USCIS is responsible for implementing some of these laws. The Department of State, which includes the US consulates abroad, is responsible for implementing some of these laws. Both departments have policies they follow. These policies are described in the Adjudicators Field Manual for USCIS, and in the Foreign Affairs Manual for the consulates.

Basically, what I'm saying is that there is far too much involved here to expect USCIS to explain everything you need to know in the instructions for a form, or on a few pages on their website. The form instructions basically describe how to fill out the forms, which is something that isn't described in the laws or the policy manuals. USCIS and the US consulates abroad expect that someone submitting petitions and applications has a reasonable understanding of the applicable laws and policies (yes, they are available on the internet for you to read). Immigration lawyers make a good living because they spend the time to educate themselves. You can spend some time and educate yourself. VJ is a great resource because it will provide a lot of the information you need to know without you having to find it.