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Form I-134

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Filed: K-1 Visa Country: Ireland
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Hi, I have a couple of questions regarding this form (less questions now than earlier thanks to these board).

First and foremost, I am a mother of 4 living in Ireland and engaged to a college student who resides in the state of IL. My fiancé does not earn enough to cover 100% (let alone the later required 125%) so we are requiring a sponsor, would anyone know if a sponsor who has just recently started a career in teaching but is not a relative of either myself of my Fiancé be able to file the I-134?

Secondly, my children are fully supported by their father ( to more than the 100%) they will continue to be supported in this fashion until they reach the age of 25 years, I have divorce papers clearly stating his financial responsibilities and he is also going to get a witnessed statement declaring his intent to continue payments once I reach the USA. My question on this is... "If" we are unable to get a sponsor would supporting documentation of my finances and the child support be accepted alongside this form? The finances would be as follows (fiancé) $20,000 a year (child support) $34,000 a year (savings) $25,000 (vested benefits account) $13,000.

We are so confused on this issue and as we are not filing our I-129F until next month we are going to also look into the possibility of getting married first ( I need to look further into the pros and cons of this situation) so any help or advise any of you could give us on this would be greatly appreciated.

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Filed: K-1 Visa Country: Wales
Timeline

Assuming the father is not eligible to be a sponsor then his contribution is not relevant.

A sponsor just needs to be a USC or LPR. It is detailed on the 864 form.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Ireland
Timeline

"Income from the intending immigrant, if that income will

continue from the same source after immigration, and if the

intending immigrant is currently living in your residence. If

the intending immigrant is your spouse, his or her income

can be counted regardless of current residence, but it must

continue from the same source after he or she becomes a

lawful permanent resident."

My ex- husband is a Swiss national so definitely not eligible. Just to reference the above quote, would child support not be counted as income that will continue after my becoming a LPR (assuming of course I was to marry my Fiancé now to get around the residence issue)?

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Filed: K-1 Visa Country: Wales
Timeline

K1

One option would be to self sponsor, London allows that, I do not think Dublin does.

CR1

I assume the children are well under 25 otherwise you could have other issues.

Certainly a co sponsor would be simpler, as far as child support I think every case I have seen has shown the child support being paid to the USC. And usually that can be counted, you need evidence it has been ordered and received.

I assume the father has no issues with the emigration. There is a degree of subjectivity on what the Consulate will accept, I see the negatives as he is outside US jurisdiction and I presume the amount ordered is in Euros rather than Dollars? On the other hand it is well in excess of the requirements.

Given the option I would go with co sponsor and then you have a choice of which route you do and greater certainty.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: Jamaica
Timeline

"Income from the intending immigrant, if that income will

continue from the same source after immigration, and if the

intending immigrant is currently living in your residence. If

the intending immigrant is your spouse, his or her income

can be counted regardless of current residence, but it must

continue from the same source after he or she becomes a

lawful permanent resident."

My ex- husband is a Swiss national so definitely not eligible. Just to reference the above quote, would child support not be counted as income that will continue after my becoming a LPR (assuming of course I was to marry my Fiancé now to get around the residence issue)?

K-1 application does not allow this option.

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: K-1 Visa Country: Ireland
Timeline

K1

One option would be to self sponsor, London allows that, I do not think Dublin does.

CR1

I assume the children are well under 25 otherwise you could have other issues.

Certainly a co sponsor would be simpler, as far as child support I think every case I have seen has shown the child support being paid to the USC. And usually that can be counted, you need evidence it has been ordered and received.

I assume the father has no issues with the emigration. There is a degree of subjectivity on what the Consulate will accept, I see the negatives as he is outside US jurisdiction and I presume the amount ordered is in Euros rather than Dollars? On the other hand it is well in excess of the requirements.

Given the option I would go with co sponsor and then you have a choice of which route you do and greater certainty.

I have already emigrated with the children (from Switzerland to Ireland) and it is shown in the divorce papers that he is in agreement with that, the child support is ordered in Swiss franks and I have proof of receiving it for the last 3 years. He is also giving me a letter that will be witnessed to the effect that he has no issue with me leaving Europe with his children. My children are all under 12 so all payments are to be made for at least the next 13 years (up to 19 years for the last child)

I have to agree with you as that is the option I had come to (co-sponsor) I will have to look further into the choice of K1 vs CR1 and I thank you for your responses.

K-1 application does not allow this option.

Yes I understand that (which is why I asked to assume I was to marry first) thank you for your reply

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