u.s. fiancé unemployed, problems with I-134?

[narnia 24]

i'm anticipating the news of my NOA2, and i want to get prepared for the next steps ahead of time.

so i was reading up on the I-134, affidavit of support, forms and might have stumbled upon a problem.

my fiancé is currently unemployed, but he has had several jobs in the past and has savings. also his family members would be willing to be co-sponsors.

i myself was a student until recently and am not employed myself, but do have a bunch of savings and financial support from my parents.

could it cause a problem with my visa, that he currently does not have a job? or that we both are unemployed?

what i found out so far in my research is mixed information. perhaps somebody has had a similar case or any experience with this situation. thanks a bunch!

Edited February 3, 2013 by narnia

[redvelvet 12]

First, you have to check on the Austria portal if the US Embassy in Austria accepts co-sponsors for K1 visa. If they do, then you are good. If not, you will probably get denied.

If denied, the only option for you is to get married and then file for CR1. Good luck!

[aws&ndd 103]

If your fiance does not have a job now or will not be able to use his income as proof of support, he can use his assets instead like his savings. The problem with that is, he will need to have 3 times the poverty limit in savings for his household size. So he would need close to $60,000 in savings based on just you and him.

[narnia 24]

thanks for the replies!

i contacted the embassy here on the case of co-sponsors and am waiting for their reply.

so given the case co-sponsors are accepted, wouldn't it enough if they put down their income, savings and house as proof of support?

i know officials are reluctant to accept non-family members as co-sponsors, but this would not be the case here.

[ChristianZane 70]

Based on CSC current trends you may not get a NOA2 until May, so that might give your fiance time to get a job?

i'm anticipating the news of my NOA2, and i want to get prepared for the next steps ahead of time.

so i was reading up on the I-134, affidavit of support, forms and might have stumbled upon a problem.

my fiancé is currently unemployed, but he has had several jobs in the past and has savings. also his family members would be willing to be co-sponsors.

i myself was a student until recently and am not employed myself, but do have a bunch of savings and financial support from my parents.

could it cause a problem with my visa, that he currently does not have a job? or that we both are unemployed?

what i found out so far in my research is mixed information. perhaps somebody has had a similar case or any experience with this situation. thanks a bunch!

[KayDeeCee 4,902]

thanks for the replies!

i contacted the embassy here on the case of co-sponsors and am waiting for their reply.

so given the case co-sponsors are accepted, wouldn't it enough if they put down their income, savings and house as proof of support?

i know officials are reluctant to accept non-family members as co-sponsors, but this would not be the case here.

If they accept a co-sponsor, there can be only one. You will need one co-sponsor that has the required income for their own household size plus the foreign fiance(e). There is no combining of incomes with the I-134.

[narnia 24]

Based on CSC current trends you may not get a NOA2 until May, so that might give your fiance time to get a job?

yes. he will definitely look for a job. i'm just trying to figure out what exactly the deal with the I-134 and co-sponsors is still.

If they accept a co-sponsor, there can be only one. You will need one co-sponsor that has the required income for their own household size plus the foreign fiance(e). There is no combining of incomes with the I-134.

thanks for that information!

it would only be one in our case anyway. could a co-sponsor still put down their savings and house though?

[aws&ndd 103]

yes. he will definitely look for a job. i'm just trying to figure out what exactly the deal with the I-134 and co-sponsors is still.

thanks for that information!

it would only be one in our case anyway. could a co-sponsor still put down their savings and house though?

If your co-sponsor has enough in income to support their family PLUS you, then you don't need to put any information down about their savings. You can't use their house if they are living in it because it would create a hardship. If their income is barely sufficient, or maybe even lacking, then including assets such as their savings will help.

[KayDeeCee 4,902]

thanks for that information!

it would only be one in our case anyway. could a co-sponsor still put down their savings and house though?

Yes. They just need to provide proof of the savings through bank statements and also proof of the value of their home and how much is left on the lien in order to get the net worth of the house.

[KayDeeCee 4,902]

If your co-sponsor has enough in income to support their family PLUS you, then you don't need to put any information down about their savings. You can't use their house if they are living in it because it would create a hardship. If their income is barely sufficient, or maybe even lacking, then including assets such as their savings will help.

This is all correct. It would be safest route to use a co-sponsor that can meet the requirement through income alone. No need to list any assets that way and wonder if the CO will accept them.

[narnia 24]

If your co-sponsor has enough in income to support their family PLUS you, then you don't need to put any information down about their savings. You can't use their house if they are living in it because it would create a hardship. If their income is barely sufficient, or maybe even lacking, then including assets such as their savings will help.

thanks a lot for the info.

so, if co-sponsors are accepted and the co-sponsor's income is sufficient to provide for his household plus fiancee, there won't be any need for the petitioner to deliver further proof of support?

and, given the petitioner's income is sufficient for his household size plus fiancee, is it still advisable to get a co-sponsor to put down their savings as an asset?

[aws&ndd 103]

If the petitioner's income is sufficient there is no need to use a co-sponsor. The co-sponsor cannot augment the petitioner's income, they need to be able to provide support on their own based on their household size. In other words if the petitioner's income is short, the co-sponsor cannot just 'add' the amount they have in savings to help. They would have to fill out their own support form, and meet the poverty guidelines for their household size plus your fiance.

When I filled out the I-134 for my fiancee, I only included my income. I had my employment letters, paystubs, and last 3 year tax return transcripts. I also included a co-sponsor, who only included his income, employment letter, transcripts and paystubs. I included a co-sponsor as a 'just in case', because although my current income is over the 125% mark, my past income was not. At my fiancee's interview, as we gave them all the paperwork, they handed back my co-sponsor's information--they didn't need it.

[narnia 24]

If the petitioner's income is sufficient there is no need to use a co-sponsor. The co-sponsor cannot augment the petitioner's income, they need to be able to provide support on their own based on their household size. In other words if the petitioner's income is short, the co-sponsor cannot just 'add' the amount they have in savings to help. They would have to fill out their own support form, and meet the poverty guidelines for their household size plus your fiance.

When I filled out the I-134 for my fiancee, I only included my income. I had my employment letters, paystubs, and last 3 year tax return transcripts. I also included a co-sponsor, who only included his income, employment letter, transcripts and paystubs. I included a co-sponsor as a 'just in case', because although my current income is over the 125% mark, my past income was not. At my fiancee's interview, as we gave them all the paperwork, they handed back my co-sponsor's information--they didn't need it.

thanks so much!

that is really helpful to know. i think i can see the whole case much clearer now and start to work on a battle plan.