I-134, Affidavit of Support (eligible income) and DS 160

[FreeThinker13 0]

Hi everyone. I'm hoping for any feedback on my questions.

I'm basically trying to complete my I-134 (http://www.uscis.gov/files/form/i-134.pdf) for my fiancée visa petition, and have concerns on the following.

1. Question 7:
*I'm currently in graduate school full-time and, therefore, unemployed. Should I type “unemployed” (kind of obvious right but, in the eye of the interviewer, is that an instant deny or delay of my fiancee’s visa? If so, does that mean I should just go ahead and get a co-sponsor even though I may be making the case that I have other sources of income—such as the case I’m making in the next question below about my benefits—even though completely unemployed)? As alternative to "Unemployed," what about "Graduate Student" (to list graduate student is comically irrelevant but better than unemployed, no?) And if I get a co-sponsor, does that mean I don't need to complete the I-134 anymore, or should I still do it?

*More importantly, about listings of income in the same Question 7, my follow up question is, well, first, I'm a military veteran and receiving significant amount of benefits. In other words, I’m receiving two incomes from my medical (pension) and education benefits (GI Bill with BAH--meaning I get extra pay for my housing/rent while in school). Given those two benefits plus my $10K in Checkings Account, I calculated that I do meet the income requirement of 125% poverty guideline (in fact, slightly even more). So my questions are: first, are my military benefits eligible to be counted as income (my guess is that it is because I receive that medical pension income permanently or until I die, except the GI Bill which is good for 3 years and I just started using it and will be for the next two years)? Second, where do I list my medical and education benefits/income into the question boxes?

*Also, if you happen to know anything about TSP (Thrift Savings Plan), should I list that as well (again, kind of obvious that I should list, but my impression of the I-134 is that I list only sources of incomes that are easily liquidated or cashable for emergency uses to avoid my fiancé being a public charge. TSP does not easily cash out funds)? If so, where exactly in the question boxes?

2. Question 9:
*About 3-4 years ago, I petitioned my now-ex wife. And I honestly do not recall if I did do an I-134 or an I-864, but what I remember is that her former employer gave her an affidavit of support. Should I say "None" or "N/A" or just leave it blank? And if, say, you think that I should put my ex-wife in that question because, since I petitioned her, I must have done an I-134 or an I-864, then what do I put in the "Date Submitted" if I can’t recall? And what do I do if they ask for paperwork for proof, especially if my ex and I are not in good terms and more importantly I just don’t have her contact info?

3. Question 11:
*Is there a standard answer to this? What do you recommend?

4. On a different topic, my fiancee just got her Packet 3, and none in the guideline from that packet states that she ought to bring a DS-156, DS-156K, and DS-230 when initially we thought that those need to be completed and brought to the interview. Now, in the guideline from Packet 3, those (i.e. DS 156, and DS-156K, and DS-230) are not even mentioned at all. Instead, it asks for my fiancee to complete DS-160 and bring in the interview. My question is, is the DS-160 a newly released form? If so, then what do we do with the other forms that we've already filled out: discard or bring them just in case the interviewer asks?

Any help will be greatly appreciated.Thank you much.

i-134x.pdf

[Pitaya 2,576]

~Moved from Introducing our Members to K-1 Process Forum~

~Inquirer is working on fiancee visa petition~

[FreeThinker13 0]

wow, not a response at all.
i'm sad. no one in here seems to be able to help me.

[jjpgyitr4evr 6]

The i134 is different from i864.. the i134 is not as in depth and usually does not look at liquid assets as a means of support like the i864 does it is more complicated....but u do have to show 3 yrs tax returns...so that may help ur situation as well....the i864 is usually used for AOS....also as of 10/7/2013 k1 visa applicants are no longer required to submit the ds156, ds156k, or ds157....only the ds160 will be required after that date listed above. Make sure u check w ur uscis or dept of state websites.. to verify all this information and also u can call 1-800-375-5283 NCSC immigration customer service center... good luck and let me know what u find out...

[sparkles_ 456]

As for employment, I am also a student and I will be putting "Student" versus unemployed unless I grab up a job before then. I will be using a co-sponsor no matter what because until my degree is done any job I get would be peanuts pay.

I also petitioned my ex 6yr ago. You as the petitioner filled out the I-134 no matter what if you did a K1, even if she used a co-sponsor. If she got a green card either by CR1/K3 or adjusting from a K1, you did the I-864. I also can't recall exact dates and asked this same thing a while back. I was told month/date would work, and another poster told me someone co-sponsored for her husband that had also been a co-sponsor before and only recalled the month/year to list and it went just fine. I think the big thing is you list your ex's A# in the application correctly. They can get that exact info. with that if you can't remember exact dates.

Proof of what? Proof you sponsored her, or proof the relationship was real? All they have to do is run her A# and see all there is to know about her including you and the co-sponsor's info so they have that proof.

Yes the DS-160 took the place of all those forms. Don't bother with the old ones, just print and bring this new one. It is supposed to ease paperwork I guess. When in doubt about that you could email or call the embassy....I've emailed Seoul before about a passport renewal out of country and got a reply in 24hr.

I'm no help for #11

Edited October 21, 2013 by beccabecca

[KayDeeCee 4,891]

Hi everyone. I'm hoping for any feedback on my questions.

I'm basically trying to complete my I-134 (http://www.uscis.gov/files/form/i-134.pdf) for my fiancée visa petition, and have concerns on the following.

1. Question 7:

*I'm currently in graduate school full-time and, therefore, unemployed. Should I type “unemployed” (kind of obvious right but, in the eye of the interviewer, is that an instant deny or delay of my fiancee’s visa? If so, does that mean I should just go ahead and get a co-sponsor even though I may be making the case that I have other sources of income—such as the case I’m making in the next question below about my benefits—even though completely unemployed)? As alternative to "Unemployed," what about "Graduate Student" (to list graduate student is comically irrelevant but better than unemployed, no?) And if I get a co-sponsor, does that mean I don't need to complete the I-134 anymore, or should I still do it?

You still have to fill out your own I-134 and provide your supporting documentation, even if using a co-sponsor. I suggest you use one just to be on the safe side.

*More importantly, about listings of income in the same Question 7, my follow up question is, well, first, I'm a military veteran and receiving significant amount of benefits. In other words, I’m receiving two incomes from my medical (pension) and education benefits (GI Bill with BAH--meaning I get extra pay for my housing/rent while in school). Given those two benefits plus my $10K in Checkings Account, I calculated that I do meet the income requirement of 125% poverty guideline (in fact, slightly even more). So my questions are: first, are my military benefits eligible to be counted as income (my guess is that it is because I receive that medical pension income permanently or until I die, except the GI Bill which is good for 3 years and I just started using it and will be for the next two years)? Second, where do I list my medical and education benefits/income into the question boxes?

Add all our income together and list your total current annual income from everything. Provide proof of what you receive and how much you receive. You have $10k in checking, so that can be used as an asset, but assets are counted at 3-5 times the amount you are short on income. So, if you have $17k income, then the $10k in assets helps put you at the requirement for a household of 2. Check with your consulate directly though. Some consulates will accept only 100% with the I-134 for the K-1.

*Also, if you happen to know anything about TSP (Thrift Savings Plan), should I list that as well (again, kind of obvious that I should list, but my impression of the I-134 is that I list only sources of incomes that are easily liquidated or cashable for emergency uses to avoid my fiancé being a public charge. TSP does not easily cash out funds)? If so, where exactly in the question boxes?

They need to be able to be liquified within a year.

2. Question 9:

*About 3-4 years ago, I petitioned my now-ex wife. And I honestly do not recall if I did do an I-134 or an I-864, but what I remember is that her former employer gave her an affidavit of support. Should I say "None" or "N/A" or just leave it blank? And if, say, you think that I should put my ex-wife in that question because, since I petitioned her, I must have done an I-134 or an I-864, then what do I put in the "Date Submitted" if I can’t recall? And what do I do if they ask for paperwork for proof, especially if my ex and I are not in good terms and more importantly I just don’t have her contact info?

Is your ex-wife now a citizen? If not, you are still responsible for her from signing the I-864 and she will be counted in your household size, increasing the income you need. If you cannot recall the exact date, then just put a month and year, or just the year.

3. Question 11:

*Is there a standard answer to this? What do you recommend?

Follow the example form > http://www.visajourney.com/examples/Form-I-134.pdf

4. On a different topic, my fiancee just got her Packet 3, and none in the guideline from that packet states that she ought to bring a DS-156, DS-156K, and DS-230 when initially we thought that those need to be completed and brought to the interview. Now, in the guideline from Packet 3, those (i.e. DS 156, and DS-156K, and DS-230) are not even mentioned at all. Instead, it asks for my fiancee to complete DS-160 and bring in the interview. My question is, is the DS-160 a newly released form? If so, then what do we do with the other forms that we've already filled out: discard or bring them just in case the interviewer asks?

Any interviews schedules after Oct. 7th now use the DS-160. It replaces all the other DS forms that were previously used.