Fiancee's aunt co-sponsoring my fiancee

[Tahoma 2,291]

The following email is from the U.S. Embassy Manila to a fellow VJer:

Reference: Fiancé(e) Visa Information

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor's motives in submitting the Form I-134, the sponsor's relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

@OP...You have now read the email: the U.S. Embassy Manila does not necessarily accept cosponsors; they look at the cosponsor's relationship to the applicant; and the cosponsor's I-134 is not legally binding.

Knowing all of that, convince me that your fiancée is not going to become a public charge here in the U.S. Who's going to pay for her plane ticket to come here? How are you going to support her? Where is she going to live? How are you going to pay for the rent, the food, etc? How are you going to pay for her AOS? What is your projected budget? List your income and expenses. And how do I know that her relatives are not paying you to participate in a sham marriage? Make your best case.

[Paul and Haidee 11]

Wow the I134 is not legally binding? This email appears to have come from the USCIC (correct me if I am wrong), but doesn't the I134 state on it that the co-sponsor and I can be sued if she becomes a public charge? I am just confused about the "not legally binding."

The following email is from the U.S. Embassy Manila to a fellow VJer:

Reference: Fiancé(e) Visa Information

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor's motives in submitting the Form I-134, the sponsor's relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

@OP...You have now read the email: the U.S. Embassy Manila does not necessarily accept cosponsors; they look at the cosponsor's relationship to the applicant; and the cosponsor's I-134 is not legally binding.

Knowing all of that, convince me that your fiancée is not going to become a public charge here in the U.S. Who's going to pay for her plane ticket to come here? How are you going to support her? Where is she going to live? How are you going to pay for the rent, the food, etc? How are you going to pay for her AOS? What is your projected budget? List your income and expenses. And how do I know that her relatives are not paying you to participate in a sham marriage? Make your best case.

[Tahoma 2,291]

Wow the I134 is not legally binding? This email appears to have come from the USCIC (correct me if I am wrong), but doesn't the I134 state on it that the co-sponsor and I can be sued if she becomes a public charge? I am just confused about the "not legally binding."

The email came from the U.S. Embassy Manila.

The I-134 is a somewhat generic form and it's used for more than just K-1ers. If it were legally binding for K-1ers, we would have seen someone sued by the government, but we haven't.

However, I believe there have been a few cases where the I-134 has been used in divorce court.

I'm still waiting for you to make your financial case. Don't you want to practice before the interview?

[sunandmoon 450]

Wow the I134 is not legally binding? This email appears to have come from the USCIC (correct me if I am wrong), but doesn't the I134 state on it that the co-sponsor and I can be sued if she becomes a public charge? I am just confused about the "not legally binding."

it's in the Foreign Affairs Manual.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

(CT:VISA-1317; 09-24-2009)

a. Because INA 212(a)(4)© and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

http://www.state.gov/documents/organization/86988.pdf

scroll to page 15 for info on the I-134

a K-1 Visa holder is technically not considered an intending immigrant until they file for AOS, therefore the I-864 is not used until the applicant files for AOS.

[Kang 22]

That is funny. That is like saying one is just going to the US on K-1 visa to get married and goes back to his/her country.

[Tahoma 2,291]

it's in the Foreign Affairs Manual.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

(CT:VISA-1317; 09-24-2009)

a. Because INA 212(a)(4)© and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

http://www.state.gov/documents/organization/86988.pdf

scroll to page 15 for info on the I-134

a K-1 Visa holder is technically not considered an intending immigrant until they file for AOS, therefore the I-864 is not used until the applicant files for AOS.

Thanks for the link, Roy.