Jump to content
Sign in to follow this  
thedude6752000

I-134, duration, liabilities, and sources

21 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: India
Timeline

OK so I am a recent college graduate. I have a pretty crumby part time job and after going back to my fiancee's hom country for more evidence I will be looking for more jobs. In the meantime, though, I am afraid I will not be able to get enough of an income and assets to meet the sponsor requirement. I am thus trying to get my parents on as cosigners as their assets are quite sufficient, but they are afraid that by just signing the I-134 they will be on the hook for her until she becomes a citizen. How can I prove to them that this is not the case? From what I can see the I-134 is only valid for the duration of the K1 process (id est until we are married in the US) and in any even is not a legally binding document (DESPITE what the instructions and the document itself state). What proof can I show them to convince them that they will not be responsible for her until she's 30 years old?


I-130 Sent: 11 November 2013

I-130 1st i-797(NOA-1): 12 November 2013, Vermont (Dis-)Service Center (1 day in transit)

I-130 2nd i-797(NOA-2): 30 May 2014, Vermont (Total Dis-)Service Center (199 days in USCIS hell)

I-30 Received at NVC: 11 June 2014 (11 days in transit)

NVC Case # Assigned: 27 June 2014 (15 days to case number assigned)

DS-261 Completed: 15 July 2014 (18 days to DS-261 available)

AOS Fee Bill Paid: 17 July 2014

AOS Fee Bill Shows "Paid": 22 July 2014

AOS Package Sent Out:23 July 2014

AOS Package Recieved: 28 July 2014

DS-260 Completed: ?

IV Fee Bill Paid: ?

November 2014 USCIS Spreadsheet: https://docs.google.com/spreadsheet/ccc?key=0Aqgp_fafY_R6dFI3cDREc2tNWV9qV09mMzN3WXR2dEE&usp=sharing#gid=3

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

OK so I am a recent college graduate. I have a pretty crumby part time job and after going back to my fiancee's hom country for more evidence I will be looking for more jobs. In the meantime, though, I am afraid I will not be able to get enough of an income and assets to meet the sponsor requirement. I am thus trying to get my parents on as cosigners as their assets are quite sufficient, but they are afraid that by just signing the I-134 they will be on the hook for her until she becomes a citizen. How can I prove to them that this is not the case? From what I can see the I-134 is only valid for the duration of the K1 process (id est until we are married in the US) and in any even is not a legally binding document (DESPITE what the instructions and the document itself state). What proof can I show them to convince them that they will not be responsible for her until she's 30 years old?

To get the Adjustment of Status you will also need co-sponsor for 864. In this case you are on the hook until citizenship or your fiancee earns 40 credits for social security (working 10 years as resident). If they did the 134 only, you are right. But s/he will have to leave the country if you cannot adjust status.

Edited by L+T

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline

OK so I am a recent college graduate. I have a pretty crumby part time job and after going back to my fiancee's hom country for more evidence I will be looking for more jobs. In the meantime, though, I am afraid I will not be able to get enough of an income and assets to meet the sponsor requirement. I am thus trying to get my parents on as cosigners as their assets are quite sufficient, but they are afraid that by just signing the I-134 they will be on the hook for her until she becomes a citizen. How can I prove to them that this is not the case? From what I can see the I-134 is only valid for the duration of the K1 process (id est until we are married in the US) and in any even is not a legally binding document (DESPITE what the instructions and the document itself state). What proof can I show them to convince them that they will not be responsible for her until she's 30 years old?

The I-134 is not an issue, it will be valid only until it is replaced by the I-864 for the Adjustment of Status.

But you would need them for that also and THAT is the one that is in force until she becomes a citizen or 40 quarters of work.

This does not obligate anyone to "provide for her" and YOU will always be the sponsor.

IF in the future she becomes a public charge AND IF the government decides to try and recoup their money, they would first come to YOU. IF you were unable to repay the benefits AND they decided to pursue it further THEN they could sue your parents.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

Thank you for the responses, but I was already aware of this information. Where can I find this spelled out in official government sources? I need to prove to them that just by signing onto the I-134 they will not be liable, and I need something more than my word to prove it.


I-130 Sent: 11 November 2013

I-130 1st i-797(NOA-1): 12 November 2013, Vermont (Dis-)Service Center (1 day in transit)

I-130 2nd i-797(NOA-2): 30 May 2014, Vermont (Total Dis-)Service Center (199 days in USCIS hell)

I-30 Received at NVC: 11 June 2014 (11 days in transit)

NVC Case # Assigned: 27 June 2014 (15 days to case number assigned)

DS-261 Completed: 15 July 2014 (18 days to DS-261 available)

AOS Fee Bill Paid: 17 July 2014

AOS Fee Bill Shows "Paid": 22 July 2014

AOS Package Sent Out:23 July 2014

AOS Package Recieved: 28 July 2014

DS-260 Completed: ?

IV Fee Bill Paid: ?

November 2014 USCIS Spreadsheet: https://docs.google.com/spreadsheet/ccc?key=0Aqgp_fafY_R6dFI3cDREc2tNWV9qV09mMzN3WXR2dEE&usp=sharing#gid=3

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

To get the Adjustment of Status you will also need co-sponsor for 864. In this case you are on the hook until citizenship or your fiancee earns 40 credits for social security (working 10 years as resident). If they did the 134 only, you are right. But s/he will have to leave the country if you cannot adjust status.

The 864 is only need for AOS, which is a long way down the road...I intend to have a better job by then. If they 134 do they also have to sign the 864?


I-130 Sent: 11 November 2013

I-130 1st i-797(NOA-1): 12 November 2013, Vermont (Dis-)Service Center (1 day in transit)

I-130 2nd i-797(NOA-2): 30 May 2014, Vermont (Total Dis-)Service Center (199 days in USCIS hell)

I-30 Received at NVC: 11 June 2014 (11 days in transit)

NVC Case # Assigned: 27 June 2014 (15 days to case number assigned)

DS-261 Completed: 15 July 2014 (18 days to DS-261 available)

AOS Fee Bill Paid: 17 July 2014

AOS Fee Bill Shows "Paid": 22 July 2014

AOS Package Sent Out:23 July 2014

AOS Package Recieved: 28 July 2014

DS-260 Completed: ?

IV Fee Bill Paid: ?

November 2014 USCIS Spreadsheet: https://docs.google.com/spreadsheet/ccc?key=0Aqgp_fafY_R6dFI3cDREc2tNWV9qV09mMzN3WXR2dEE&usp=sharing#gid=3

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

The 864 is only need for AOS, which is a long way down the road...I intend to have a better job by then. If they 134 do they also have to sign the 864?

No. Just because someone fills out the I-134 as a co-sponsor does not mean that they have to fill out the legally binding I-864 later. You can use another co-sponsor for that, or if you make enough by then, don't use a co-sponsor at all.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

No. Just because someone fills out the I-134 as a co-sponsor does not mean that they have to fill out the legally binding I-864 later. You can use another co-sponsor for that, or if you make enough by then, don't use a co-sponsor at all.

Thanks for the info! But again where can I find this in official writing?


I-130 Sent: 11 November 2013

I-130 1st i-797(NOA-1): 12 November 2013, Vermont (Dis-)Service Center (1 day in transit)

I-130 2nd i-797(NOA-2): 30 May 2014, Vermont (Total Dis-)Service Center (199 days in USCIS hell)

I-30 Received at NVC: 11 June 2014 (11 days in transit)

NVC Case # Assigned: 27 June 2014 (15 days to case number assigned)

DS-261 Completed: 15 July 2014 (18 days to DS-261 available)

AOS Fee Bill Paid: 17 July 2014

AOS Fee Bill Shows "Paid": 22 July 2014

AOS Package Sent Out:23 July 2014

AOS Package Recieved: 28 July 2014

DS-260 Completed: ?

IV Fee Bill Paid: ?

November 2014 USCIS Spreadsheet: https://docs.google.com/spreadsheet/ccc?key=0Aqgp_fafY_R6dFI3cDREc2tNWV9qV09mMzN3WXR2dEE&usp=sharing#gid=3

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

Thanks for the info! But again where can I find this in official writing?

You mean that the I-134 is not legally binding?

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

What makes you think the AOS is a "long while down the road?" It's just a few months away at most.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

What makes you think the AOS is a "long while down the road?" It's just a few months away at most.

After you get married, you can delay AOS for 12 or 16 months or so. You would want be AOS prior to 2 year filing (90 days before 2 year).

Share this post


Link to post
Share on other sites

After you get married, you can delay AOS for 12 or 16 months or so. You would want be AOS prior to 2 year filing (90 days before 2 year).

You CAN, but personally I think it is negligent. What person would be happy not being able to travel home or drive or do anything for years? 2 years makes no difference, btw.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

After you get married, you can delay AOS for 12 or 16 months or so. You would want be AOS prior to 2 year filing (90 days before 2 year).

Why would you want to do it 90 days before it reaches 2 years? :blink:


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

You CAN, but personally I think it is negligent. What person would be happy not being able to travel home or drive or do anything for years? 2 years makes no difference, btw.

My State you can drive 1 year on foreign license. And yes it is possible for a recent college grad to go from $0 to $20,000+ overnight. :blink:

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

Why would you want to do it 90 days before it reaches 2 years? :blink:

Sorry, stated very fast. The AOS is dropped 90 days prior to 2 year AOS date *(required application during this period). So the longer you wait on the AOS, the longer it takes to drop the status.

I heard car insurance cost for foreign drivers are outrages, anyone know if this is true?

Yes, its true as a foreigner, and as well first 3 years they have local state license. My insurance, full coverage is $600 / year. To add foreigner or new driver bumps it to $1600, and this is only for 1 car, listing them as part time.

Edited by L+T

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...