i134 Situation, Please Advise

[BCV&BEV 0]

Readers digest of our background:

My partner and I have been trying to find a way for him to come to the US for over a year. He isn't "out" to anyone but a few friends because being gay isn't socially safe or acceptable in his hometown. Because we had no Federal immigration rights as a gay couple we first tried to do a tourist visa. Denied due to lack of funds (Indonesia is not a wealthy country and even good jobs in his hometown don't supply enough income). That September 2012. We then filed for a student visa in March of '13. Denied. The only reason they gave him was that he wasn't a "typical student profile."

I do wonder if his previous denial and my trip to Jakarta last November in which I delivered a 200+ signature petition asking the Ambassador to intervene in our case and find a solution may have flagged him for denial on the student visa. We had our packet and money all in place.

After his student visa denial we decided I would move to Tijuana, Mexico and from there we would get him into Mexico and then marry there and wait for the Supreme Court to rule on Federal recognition of gay couples in marriage. We weren't sure how the ruling would go and what hoops we might have to jump through so Tijuana sounded plausible as I could work in San Diego and I would be in place in case I had to live in a marriage equality state to file for a K1.

I moved here is July and we applied for his tourist visa to Mexico in August, but he was denied entrance to Mexico citing financial requirements for Indonesians (their income requirements were astronimical for Indos). We were both surprised as well as all those I have talked to down here. By that time it was clear we could file for a K1 under the new recognition of same-sex marriages. We filed early September, but because I hadn't written "none" in the last name section (he does not have one, so I left it blank) they sent the packet back. NOA1 shows September 26th.

The nice news is that Jakarta issued their first same-sex K1 October 10th to another gay couple and it was only 85 days from NOA1. Indonesia seems to be a fast embassy so we hope to be OK'd to interview end of November or December. The downside is, as many of you have probably have experienced, the cost of the process and supporting loved ones can be high. After selling off almost everything and moving to Mexico funds are tight for us. We are looking forward now at the other paperwork. The i134 has me the most worried. I had a co-sponsor, but he decided against it.

I have two sons in Utah (that we are both anxious to get back to) so my family size is 4, from what I have read, that puts the 125% above poverty line at $29,437. My base pay is $29,043. I do work in California and do work 12 hour shifts so I do earn 4 hours of overtime pay each day I work (in CA any hour worked in a day over 8 hours is paid at 1.5 times). So with the overtime, I am above the poverty line, but just barely. I have little to nothing to list as assets and have no family support after coming out so my co-sponsor options are very limited.

If I am not able to get a co-sponsor, what do you VJers think? Will they still approve him based on my i134 being just above the poverty line? I do have a fellow Indonesian friend in Utah that has already offered my partner a job when he arrives. Will that help to mention in the interview?

I do get concerned asking for a co-sponsor as my partner does have some health problems. It isn't anything he will have to disclose in the medical check or embassy. He will have medical coverage when he gets here anyway, but I would hate to think of something unpredictably happening and needing hospitalizations or expenses beyond our means and the Feds going after our co-sponsor. I find it unlikely, but always a chance.

What do you think? Am I over worried? Should we slow things down and search for a co-sponsor to sign secondary i134 before he interviews?

Stress has really hit me again today. While he isn't in immediate harms way, everyday there is a risk that his family or neighbors will find out that he is gay and engaged to an American man. We have no idea what he might suffer if that was discovered. After 16 months of worrying I am just so ready for this to be done. The i134 is my biggest worry right now.

Any experience or opinions are appreciated.

[Boiler 45,670]

Have you met?

[BCV&BEV 0]

Yes. First in person meeting was May 2012 followed up by a second visit there in November 2012

Have you met?

[BCV&BEV 0]

Anyone?

[Boiler 45,670]

There was a similar thread involving Indonesia a month or so back.

One of the comments mentioned was that being out in Indonesia is no biggie, nothing to worry about.

Go with your income but have a co sponsor as back up, just in case.