Canadian to apply for a K-1 with a concern about the Affadavit of Support

[wooden heart 4]

Hello,

This is my first post and I have found browsing this forum quite helpful. If you find my question is answered elsewhere in the forum - please feel free to refer me there instead of repeating information.

I am a Canadian living in Toronto working in the field of social work. My fiancee is a university student in Pennsylvania who will be entering his fourth year of study this fall. We hope to get married in late May 2012.

The K-1 visa appears to be the easiest/best process for us to follow, but I have one main concern about the process - the Affadavit of Support, Form I-134. According to the U.S. government website, it says a Form I-134 may be requested in my visa interview.

My fiancee gains income from a part-time job, but nowhere near the poverty line for two people. He will likely become employed full-time after graduating from University, but at that time we hope to be married already. If a Form I-134 is requested, I fear for rejection of my visa since he won't meet the poverty line. Will my profession and education (Bachelor of Social Work) be taken into consideration? Will we need a "joint sponsor"? (I don't know much about co or joint sponsoring).

Thanks so much in advance!

[Saddle Bronc 124]

The I-134 needs to be filed by the USC well prior to the interview; the Consulate doesn't ask for it (though you could, if you wish to settle doubts, have your fiance mail you a copy of it). On the surface, I think you will need a joint-sponsor--as you will not be able to work for awhile (basically till you have EAD in hand) after entering US.

[wooden heart 4]

Thanks for your reply. I assume my fiancee will be sent information on when/how to send the Form I-134? I understand it may not be requested at all - under what circumstances would that be? Does anyone have specific experience with this?

I believe a number of family members are willing to act as a joint sponsor. If we were to have a joint sponsor, would that person just fill out a Form I-134 as well as my fiancee filling out one?

[Inky 1,110]

You don't send the I-134 anywhere but to the beneficiary with all the supporting documents. So the USC would be sending it to you! after he gets the NOA2 in the mail.

Then YOU(the Canadian) bring it to your interview in Montreal.

The I-134 is a required document not a requested document.

Edit to add this for you.

Have a good read of the flow chart it should help you understand a lot more - http://www.visajourney.com/content/k1flow

Edited May 25, 2011 by Inky

[frenzyheart 2]

Heya! Well, since you are going through the Montreal consulate, I can be of some help to you! Form I-134 WILL be required, but it's nothing to fret over. There have been lots and lots of students filing, and when we filed, I didn't have a job, either, because I was in school full time.

Here's what you need for it:

I-134 - filled out by your fiance.

Tax documentation, generally for the last 3 years (they prefer it to be in the form of tax transcripts, which he can get for free through the IRS website)

Any other documentation to prove the financial information he provided on the form. There's a list of things within the instructions that explains what can and can't be used. Also, a letter from his manager/boss stating his job information would be useful.

I-134 - filled out by your co-sponsor; this is generally ONE of his family members that makes over the poverty threshold for the number of people in their respective household.

Same here as what your fiance submits, only for the the co-sponsor.

For ours, we used my grandfather. We had a letter from his employer and proof of his tax information, and we also threw in that he owns his house completely, with which we provided documents from the city to prove so.

The instructions for the form are pretty simple, and like I said, it's really nothing to worry about if you have that co-sponsor.

Hope I helped, and good luck! Feel free to stop by the Canada forum and check out interview reviews and such - lots of useful information!

EDIT: LOL Inky mentioned something I forgot to. Oops. He can either send you the information, or he can travel up there and attend the interview with you, and bring it himself, hehe.

Edited May 25, 2011 by frenzyheart

[HeatDeath 430]

If your USC petitioner's income is below the poverty line, you will definitely need a cosponsor. Your profession and education will be taken into consideration when the consular officer evaluates your "likelihood of becoming a public charge" [one of the legally defined factors they must evaluate when deciding to grant a visa], but they cannot, by themselves, overcome your petitioner's having income below the poverty line.

Your fiancee will not be sent anything, other than a letter that the I-129F petition has been approved and another letter from the NVC stating that the petition has been sent to the [in your case] Montreal consulate. Once those letters are received, the petitioner is basically out of the loop, and all correspondence goes to the beneficiary.

Both your fiancee and your cosponsor will need to fill out one I-134 each. The I-134 lists a bunch of evidence and documentation that needs to be included with it. Both your fiancee and your cosponsor will need to provide you with their respective documentation.

Later on, during the AOS process, there will be another, more legally binding affidavit of support form called the I-864, that both your fiancee and cosponsor will need to fill out. Like the I-134, it has a list of required documentation. It basically requires most of the documents the I-134 requires, plus some extra.

What you need to bring to the visa interview, to maximize your chance of success and minimize any hassles, is:

• an I-134 from your fiancee,
  
• all of the supporting documentation the I-134 requires, for your fiancee,
  
• any additional required documentation from the I-864, for your fiancee,
  
• an I-134 from your cosponsor,
  
• all of the supporting documentation the I-134 requires, for your cosponsor,
  
• and any additional required documentation from the I-864, for your cosponsor.
  

[Note that you do not need to bring the I-864 forms themselves to the consulate interview, merely the required evidence and documentation.]

Bringing the I-864 documentation to the visa interview, even though it is not strictly required, is a good idea for two reasons:

• the I-134 is for nonimmigrant visas, which are normally temporary, but K-1 visa recipients intend to remain in the US permanently, making them more like immigrant visa applicants in the eyes of the consular officer. The consulates use the I-864 for immigrant visas, and the consular officer will feel better about granting the K-1 visa (which is sort of a mix of non-immigrant and immigrant visa, you see) if you have evidence handy that you meet the higher standard.
  
• the process of gathering the financial documentation for the I-134 and I-864 is very invasive, and therefore very stressful for many people. It is better and easier (logistically and emotionally) for your fiancee and cosponsor if they can get all of the financial information digging and gathering done at once.
  

In my specific case, I visited my USC then-fiancee a few months before the interview, and made a point of picking up all of this stuff then (along with some more up-to-date evidence of our ongoing relationship, which is also asked for at the interview]. Depending on when or if you can visit during this timeframe, your fiancee may need to mail or courier these documents to you. But you will need to take the initiative to tell your fiancee and cosponsor what you need and when you need it - as I said above, your fiancee should not expect any further correspondence from USCIS once the petition is approved and arrives at the Montreal consulate.

Edited May 25, 2011 by HeatDeath

[HeatDeath 430]

It's worth pointing out that Canada is on the cusp of a postal strike right now, and that nobody should be mailing any important, time-sensitive documents if they have any other choice. You'll want to think Fedex, UPS, or DHL. I think Purolator is part of Canada Post - I don't know if they'd strike with CP or not.

[wooden heart 4]

Wow, thank you all for this information. It is so incredibly helpful. I feel a lot more at ease about embarking on the whole process.