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I134 - Need Help Urgently

By moemac59 in K-1 Fiance(e) Visa Process & Procedures

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

So you are saying if they request the 134, and fiancee does not bring one, but instead brings $1,000,000 cash they will be denied?

Yes. Canada requires the I-134 for K visas. No I-134, no visa.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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JimVaPhuong
JimVaPhuong

Actually, it's up to the consulate. Most require the petitioner to submit an I-134, even if the beneficiary has loads of money and is more than capable of supporting themselves. Most consulates also r

LeftCoastLady
LeftCoastLady

Sheesh, you should stop with Thomas70. He does this in literally every thread that comes up about the I-134/I-864 on here. He does not take into account that different embassies in different countries

sheeshkabelle
sheeshkabelle

Yes, yes, you're right everyone else is wrong. Don't break your arm patting your back. Canada requires the I-134, stand there and argue with the CO. Take another six months to get a surety bond from

L+T Rising Star

L+T   71

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Yes. Canada requires the I-134 for K visas. No I-134, no visa.

Yes, but per the 134 instructions, if US citizen has $0 and beneficiary is otherwise admissable (except public charge); income and assets, paragraph 3, i134 instructions allows beneficiary to support themselves.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Yes, but per the 134 instructions, if US citizen has $0 and beneficiary is otherwise admissable (except public charge); income and assets, paragraph 3, i134 instructions allows beneficiary to support themselves.

Looking over the I-134 instructions I don't see that paragraph you paraphrased at all.. Paragraph three states http://www.uscis.gov/files/form/i-134instr.pdf

"I-134 maybe used in any case in which you are inadmissible on public charge ground , but in which you are not require to have form I-864 filed on his or her behalf. Section 213 (not 213a) permits the admission of an alien who is inadmissible on public charge grounds, in the discretion of the Secretary of Homeland Security (of for immigration judge cases and the discretion of the attorney General) upon the posting of a bond or other undertaking (method) form I-134 is the "undertaking" prescribed in section 213 of the Act."

Now an applicant can self sponsor in some consulates, like London, but not Canada. They have to have a US sponsor, end of story. It doesn't matter if they show up with the entire cash supply from the Bank of Montreal.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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L+T Rising Star

L+T   71

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

this is the key...

upon the posting of a bond or other undertaking (method) form I-134 is the "undertaking" prescribed in section 213 of the Act.

If you read 213, be sure 213a does not apply in this case.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

this is the key...

upon the posting of a bond or other undertaking (method) form I-134 is the "undertaking" prescribed in section 213 of the Act.

If you read 213, be sure 213a does not apply in this case.

And Canada requires the I-134. It isn't even an argument at this point. Montreal and Vancouver require it, you fill it out. Personally I wouldn't stand there and argue with them the day of the interview. I would hand them the documents they ask for and smile while doing it.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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L+T Rising Star

L+T   71

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

And Canada requires the I-134. It isn't even an argument at this point. Montreal and Vancouver require it, you fill it out. Personally I wouldn't stand there and argue with them the day of the interview. I would hand them the documents they ask for and smile while doing it.

213 (from 134 instructions)

http://travel.state....ities_1364.html

No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

If inadmissable on only this provision (i-134), and otherwise admissable, the foreign fiancee CAN post a bond in the size agreed by consulate OR other undertaking. The i-134 instructions clearly state this is done in conjunction with section 213, and specifically notes NOT 213A. Upon marriage, the 864 is required in which the combined assets (as opposed to i-134 and foreign bond) are used to consider support for the family, where in this case using 213A (the bond is returned and assets and income of foreign fiancee added to 864).

Correct, hand them a blank 134, and show you can support yourself. you can do it either way, petitioner support via 134 OR beneficiary support per 134 instructions.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Yes, yes, you're right everyone else is wrong. Don't break your arm patting your back.

Canada requires the I-134, stand there and argue with the CO. Take another six months to get a surety bond from the AG, then move happily on to the US. It's all sunshine and rainbows after that.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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L+T Rising Star

L+T   71

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Yes, yes, you're right everyone else is wrong. Don't break your arm patting your back.

Canada requires the I-134, stand there and argue with the CO. Take another six months to get a surety bond from the AG, then move happily on to the US. It's all sunshine and rainbows after that.

Some US citizens do not meet poverty and can not get co-sponsor. It is very ignorant to tell them their fiancee can not get a visa, even if the fiancee can support the family via cash, income, or pension (equilivent to or better than future 864 filing). It doesn't matter which country they are from it is a matter of showing you will not become public charge either via US citizen 134 or by your own means.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Some US citizens do not meet poverty and can not get co-sponsor. It is very ignorant to tell them their fiancee can not get a visa, even if the fiancee can support the family via cash, income, or pension (equilivent to or better than future 864 filing). It doesn't matter which country they are from it is a matter of showing you will not become public charge either via US citizen 134 or by your own means.

You going off on a tangent about needing surety bonds is beyond the point. Most people are not independently wealthy and able to sponsor themselves. We're dealing in reality, where the majority of people need the I-134 and co-sponsors. I'm glad your F1 student visa is giving you an excellent education. (too bad it doesn't help your spelling)

When a person posts on here about needing to self-sponsor themselves I'll point them in your direction.

You assume things, either did not read the entire post, or are not grasping what the post was originally about. No one told the poster she couldn't get a visa. She already has her US sponsor and co-sponsor. She was asking advice as to what forms and paperwork she needs to take to her K-1 interview in Canada. Throwing things in about D&B, surety bonds and saying her self-employed fiance shouldn't file for an extension are things she, or her fiance do not need, and the latter is based on your own personal opinion. Non of which is helping her situation. There's an acronym: KISS Keep It Simple Stupid. Don't complicate things, that don't need to be complicated.

The Montreal and Vancouver consulates send e-mails to potential immigrants with a K-1 as to what to bring to their interviews. The applicant must provide that information. One of which is an I-134 and supporting documents for the US citizen and any and all co-sponsors.

I too make below the poverty level for my household size. My husband and I have numerous banking accounts/RSPs/401Ks/CDs/Bonds/home equity we could provide in assets, and we could sponsor him on assets alone, with out my income. It's complicated to get all the proof and evidence together, so we provided a co-sponsor that is well well above the poverty level guidelines to avoid the legal mumbo-jumbo and pain to do it the other way.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Sheesh, you should stop with Thomas70. He does this in literally every thread that comes up about the I-134/I-864 on here. He does not take into account that different embassies in different countries have different requirements. Instead, he'll just continue to copy and paste the same information from the I-134, which, unlike the I-864, is not legally binding (but don't mention that to him!) over and over again. He probably has a MS Word document at the ready to quickly bring up the text to paste into a thread.

Many people have had this "conversation" with him and he still goes on and on and on...

That's why whenever I see him post in a thread about support, I do this:

:pop:

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Some US citizens do not meet poverty and can not get co-sponsor. It is very ignorant to tell them their fiancee can not get a visa, even if the fiancee can support the family via cash, income, or pension (equilivent to or better than future 864 filing). It doesn't matter which country they are from it is a matter of showing you will not become public charge either via US citizen 134 or by your own means.

You are like a broken record with this. Over and over all the time with different(or sometimes the same) people. It has been stated time and time again that it does not matter what the travel gov site or the I-134 instructions say. It is up to the consulates and the individual interviewing officers as to what qualifies for financial sponsoring. I do not need to repeat it all here again, in yet another thread as it has all been said before several times now. You just won't let it quit or give it a rest, no matter how many times it stated to you. You know best because the travel.state.gov site and the I-134 instructions for a non-legally binding form that was meant for use by the USCIS for non-immigrants not intending on staying and adjusting status to permanent residence state. Good for you. You go and do that for your own immigration case, if you even have one pending at the moment. There is no need to repeat this continually to anyone asking about the I-134. Most of us are trying to provide the best answers to people here that will get them moving through the system and be approved in a timely manner so they can get on with their lives together as a married couple. I am not sure what you are trying to accomplish with all of this all the time. Seems to be getting rather troll-like now.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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GringoD Community Regular

GringoD   33

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted (edited)

It doesn't appear that the OP or his/her beneficiary (unclear to me, which is which), THE SELF-EMPLOYED one, .. that one seems not to MAKE A GREAT DEAL of $$$ anyway, since the OP was talking about getting a co-sponsor.

To the OP:

The I-134 instructions for self-employed says PRESENT THE MOST RECENTLY FILED TAX RETURN.

How much more clear can it be?

It says 'THE'. as in ONE. 1 YEAR.

It no longer says "LAST 3 YEARS' TAX RETURNS"... as I believe it use to 3 or 4 years ago.

If the 2011 tax return is not ready, then send or present the 2010 return.

If the SELF-EMPLOYED ONE... doesn't make a substantial amount of money from being self employed, then so what?

It ain't gonna matter which return you send or present.

Edited by GringoD

07/27/2011...........NOA1 received.

12/05/2011...........RFE received.

12/13/2011...........RFE response sent.

12/16/2011...........RFE RESPONSE received by Vermont S.C.

12/22/2011...........Teased by a text-message from uscis, saying they have received my response to the RFE.

12/30/2011...........LA VISA APROVADOOOOOOOOO!!!!!!!!!!!

01/12/2012...........Case Sent To Bogota Colombia, from the National Visa Center.

02/09/2012...........Schedule Interview.

03/23/2012...........Interview (to take place then)!

04/07/2012...........Arrived in USA.

07/01/2012...........MARRIED!

What next?

.......How the days DO slip away!

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GringoD Community Regular

GringoD   33

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

With OR WITHOUT.... a tax return or 3, ....

You have to present documentation so that the consular officer is persuaded that THE BENEFICIARY IS NOT GOING TO BECOME A PUBLIC CHARGE TO THE FEDERAL GOVERNMENT.

07/27/2011...........NOA1 received.

12/05/2011...........RFE received.

12/13/2011...........RFE response sent.

12/16/2011...........RFE RESPONSE received by Vermont S.C.

12/22/2011...........Teased by a text-message from uscis, saying they have received my response to the RFE.

12/30/2011...........LA VISA APROVADOOOOOOOOO!!!!!!!!!!!

01/12/2012...........Case Sent To Bogota Colombia, from the National Visa Center.

02/09/2012...........Schedule Interview.

03/23/2012...........Interview (to take place then)!

04/07/2012...........Arrived in USA.

07/01/2012...........MARRIED!

What next?

.......How the days DO slip away!

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SwissLove Newbie

SwissLove   0

Posted
Filed: F-1 Visa Country: Switzerland
 Timeline
Posted

Wait a minute, I was just getting hope my fiance could support himself. I am 40, USC, and my fiance is 60 from Switzerland. I have been trying to find out about how we will make things work with the I-134. We want to live in the USA because my children are here, but I have no income and have only been raising my childern after my divorce. They are now all older and it's time for me to move on with my life. My fiance is very wealthy and can support himself. Is this possible? He is 60 years old. He owns home worth 500,000 CHF, has monthly pension, and has about 500,000 CHF in the bank. How can this work if my income is not 125% of the poverty. I see you all insult thomas70, where I was gaining some initial hopo. Is there a way to make this work? thank you. Sue

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Wait a minute, I was just getting hope my fiance could support himself. I am 40, USC, and my fiance is 60 from Switzerland. I have been trying to find out about how we will make things work with the I-134. We want to live in the USA because my children are here, but I have no income and have only been raising my childern after my divorce. They are now all older and it's time for me to move on with my life. My fiance is very wealthy and can support himself. Is this possible? He is 60 years old. He owns home worth 500,000 CHF, has monthly pension, and has about 500,000 CHF in the bank. How can this work if my income is not 125% of the poverty. I see you all insult thomas70, where I was gaining some initial hopo. Is there a way to make this work? thank you. Sue

If he will be getting an ongoing pension that covers the 125% mark or more, that will continue even when he moves to the US to be with you, then have him contact the consulate he will be interviewing at and ask them directly if his pension can be counted for the affidavit of support. Some consulates in specific situations will allow the beneficiary to self-sponsor. Most will not count foreign assets or income. If his pension will continue though, they might accept it. He just needs to find out. If they will not. You will need a co-sponsor to get him here.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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