K1 Visa Co-sponsorship Question

[Hank_ 9,173]

Hi Hank! Thank you for replying. This is from DJ:

They maybe looking for the I-134 during the interview, but I find it strange how they would accept I-134(which is NOT legally binding) while disregarding I-864 w/I-864A(which IS legally binding). I called the USCIS personally on the issue on and told them the situation about me being currently unemployed, yet living with my family and what would I need to do to show evidence of financial support considering my current situation. I even took down the the person's name/employee#/Date/Time of the call should I run into issues during the interview process. I asked several times to make sure and he stated that I would be using EITHER the I-134 OR I-864 + I-864A(s, which I plan to get NOTARIZED making sure I dot all dots and cross all T's. I was told DO NOT USE I-134 if using I-864 + I-864A(s), and thats straight from the help line at USCIS.

The embassy in not part of USCIS, what the embassy wants is what the embassy wants. They require the I-134 for a K-1 visa, binding or not that is what they require, adding the 864 is just "hoping" it helps. No reason to have any of those forms notarized.

[kinkyara 0]

The embassy in not part of USCIS, what the embassy wants is what the embassy wants. They require the I-134 for a K-1 visa, binding or not that is what they require, adding the 864 is just "hoping" it helps. No reason to have any of those forms notarized.

Whew! Thanks again, Hank. So that means we have to stick to the I-134 + I-864 if they will allow?

Edited July 24, 2012 by kinkyara

[Hank_ 9,173]

Whew! Thanks again, Hank. So that means we have to stick to the I-134 + I-864 if they will allow?

When the CO asks for the I-134, hand them both forms, don't hold back with the I-864

[kinkyara 0]

When the CO asks for the I-134, hand them both forms, don't hold back with the I-864

Ok we will do that. Thank you so much Hank!

[Tahoma 2,291]

On the interview day, I will give them the I-864+I-864A and have the I-134+I-864 on reserve.

If I were in your shoes, when the Filipino pre-screener asked for the I-134 Affidavit of Support, I would hand him/her all four of those forms. If the pre-screener didn't accept some of those forms, then during the interview I would make the consular officer aware that I would like to submit the forms that the pre-screener didn't accept. I say this because I believe that you must use this opportunity to make your best possible case.

Even though the U.S. Embassy Manila (and not the USCIS) is the one who will adjudicate your case and decide whether to approve your visa , I still see a lot of potential value in the USCIS' idea of attempting to submit an I-864 (petitioner) and an I-864A (joint sponsor). It's an idea that makes sense, and it could work. Look at the case of my Pinoy friend who submitted an I-864 from his joint sponsor. At that time, who thought that would work? But it did. And, since then, I have advised many other VJ'ers to do the same thing, and their visas were approved.

That being said, I still believe the deciding factor in your case is whether your fiancé attends your interview.

Guys, I forgot to tell you that my fiance is a freelancer. He is not an employee. His pay stubs from his school only says he's receiving financial aid and the other job is drawing images for an online traning (e-learning) which pays him higher than the school job. What will we need to present on the interview? Thank you so much! =]

He must have received something from his job. Did he receive a W-2?

[Tahoma 2,291]

One other idea for your interview:

Tell the CO that s/he must approve your visa so you can go to the U.S. and help your fiancé improve his lousy Tagalog.

(Sorry Mark...jokex2... )

[kinkyara 0]

He must have received something from his job. Did he receive a W-2?

Aww.. he doesn't have it. I think I couldn't say he's working, all I can say is he's a full-time student.. He only have pay stubs.

[kinkyara 0]

One other idea for your interview:

Tell the CO that s/he must approve your visa so you can go to the U.S. and help your fiancé improve his lousy Tagalog.

(Sorry Mark...jokex2... )

Haha! I'll try to.. If the CO's in a good mood for jokes =D