Affadavit of Support

[Dresdyn 0]

Hi All,

My first post on here but I'll keep it brief:

Firstly I'm the foreigner and my fiancé is the US petitioner. My fiancé started a new career about 6 months ago but doesn't earn a great during the building period of her business. I served over 20 years in the Australian Navy and as such receive a substantial pension for life, regardless of where I live or any other income received. Eg: Whilst employed my pension remains the same and I still receive it, in full, in addition to any salary/wages from my additional employment. I don't have to be resident in Australia or even remain an Australian citizen to continue to receive my pension either.

Our concern is that when filing the Affadavit of Support her income will not be deemed sufficient that I won't become a public expense. This despite having independent income and I can clearly prove that I can support myself, and her. At no stage can my income be counted according to www.visajourney.com/content/support

Is there anyway that there are exceptions made to this rule in anyone's experience?

Cheers,

Brett

[Inky 1,111]

can she get a co-sponsor? parent or close friend or something?

[Anh map 2,098]

If you were doing a spouse visa petition utilizing the I-864 you could use your pension as part of the I-864 affidavit of support.

For the K1 petition and form I-134 it isn't as straight forward. The Consulate would make that call. It would be worth asking in the Asia: East & Pacific regional forum. Other Aussie VJ members can give consulate specific feedback. Or even contact the Sydney Consulate directly.

If your pension isn't allowed as part of the K1 petition I would recommend securing a joint sponsor for the I-134. This obligation is only in force until you would adjust status after marrying in the US. At the adjustment of status phase the I-864 is used by your then spouse and your pension would be considered.

Edited November 15, 2010 by Anh map

[Dresdyn 0]

Thanks Pinky and Anh Map,

We're investigating co-sponsorship in the first instance. Whilst marrying here in Australia is an option during a planned visit in January our biggest fear is that it will put the whole process back by months. I'm only basing this on the time lines shown for K-1 versus Spouse visas. Historically it shows that a K-3 takes significantly longer.

Thanks for the info about the Asia-Pacific forums too

Brett

[C and Lore 3]

at the I-134 stage (which you file with the K-1 interview packet) I'm pretty sure your income cannot be included. If your fiance cannot meet requirements a co-sponsor would be needed. When you file for AOS later in the US, all forms of income including the spouses can be used to meet requirements as you are now a functioning and shared member of the household finances and could be expected to contribute towards them.

[pushbrk 12,979]

Thanks Pinky and Anh Map,

We're investigating co-sponsorship in the first instance. Whilst marrying here in Australia is an option during a planned visit in January our biggest fear is that it will put the whole process back by months. I'm only basing this on the time lines shown for K-1 versus Spouse visas. Historically it shows that a K-3 takes significantly longer.

Thanks for the info about the Asia-Pacific forums too

Brett

K3 takes forever because it isn't available anymore. The CR1 visa process takes a few weeks longer from filing until visa interview, if managed efficiently.

[leigh 2]

Thanks Pinky and Anh Map,

We're investigating co-sponsorship in the first instance. Whilst marrying here in Australia is an option during a planned visit in January our biggest fear is that it will put the whole process back by months. I'm only basing this on the time lines shown for K-1 versus Spouse visas. Historically it shows that a K-3 takes significantly longer.

Thanks for the info about the Asia-Pacific forums too

Brett

Hi, I have been investigating co-sponsorship. I've noticed a little confusion about what's needed in that case. Here's a link to the USCIS guidelines to completing the I-134 - it gives a list of supporting documentation the sponsor needs to provide with the form. Just in case it helps:

http://www.uscis.gov/files/form/i-134instr.pdf

All the best!

[Dresdyn 0]

Hey guys,

We've decided to go down the co-sponsorship route based on advice here and our own research. One of our friends has offered so we're pretty lucky on that front despite the fact that my fiancé's income for the 2 years prior to the current would be more than sufficient; We're taking the route of "more is better". Thanks for the advice all. Filing very soon. It's nearly a full-time job in itself gathering all the required information.

Wish us luck!

[payxibka 10,045]

moving to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.