Using a bond for K1 visa

[Vik & Sabine 0]

Hello everybody, I would like to ask for some insight and personal experiences with a possible issue my fiancé and I are currently dealing with. He is the petitioner, I am the beneficiary.

We would like some information on the process of setting up a bond to help meet his financial requirements for the I-134 Affidavit of Support. As it stands now, my fiancé's tax returns will likely not be sufficient, and a co-sponsor is not really an option. Does anybody have experience using a bond as part of their K1 application? Are there resources you could point us to to help us do some research? Any help would be greatly appreciated.

Thanks in advance!

[christeen 966]

As I understand it... You need to qualify with income, assets or a co- sponsor... Bonds are not accepted...

[Vik & Sabine 0]

Are bonds not considered assets? Assets aren't necessarily income-related, correct?

[belinda63 3,055]

I am confused by what you mean by a bond. The term as used here is being defined as he will pay a small amount of money to someone or a company and that someone or company will guarantee him for a set amount of money. Like what they do in some states to get out of jail. I have never heard of this being done for the K-1 and the affidavits of support must be by a person, not a company.

The other use of bond would be a government or municipal type of bond where you purchase the item and it pays yearly interest. This would be an asset which could be used as it could be cashed in if needed. Assets must be at 3X the poverty level requirement.

[Boiler 48,382]

Sounds like the OP is taking about Bonds as Investments.

[Penguin_ie 6,003]

*** Moving from Taxes to K1 fiance visa for more replies *****

[christeen 966]

Yes, please clarify... Are we talking about a bond like stocks and bonds (counted as assets) or a guarantee bond (like a bail bond) where you put up,a fraction of the amount and a 3rd party guarantees the rest? If it is the latter, this will not be an accepted form of proof of meeting income/asset requirements... However, a savings or investment bond might be viable as be g counted as an asset.

[Ebunoluwa 6,140]

As per the I-134 ( Affidavit of Support) form :
Under section 7 :

I have stocks and bonds with the following market value, as indicated on the attached list, which I certify to be true

an correct to the best of my knowledge and belief: __________

[christeen 966]

Need to specify what type of bond Op is referring to...

[KayDeeCee 4,904]

Hello everybody, I would like to ask for some insight and personal experiences with a possible issue my fiancé and I are currently dealing with. He is the petitioner, I am the beneficiary.

We would like some information on the process of setting up a bond to help meet his financial requirements for the I-134 Affidavit of Support. As it stands now, my fiancé's tax returns will likely not be sufficient, and a co-sponsor is not really an option. Does anybody have experience using a bond as part of their K1 application? Are there resources you could point us to to help us do some research? Any help would be greatly appreciated.

Thanks in advance!

You say the tax return will not be sufficient. Are they self-employed? If not, what is their current income? Do they have assets to go along with current income?

Have not heard of a bond being used for a K-1, but here are the details of the regulations and law >

9 FAM 40.41 N5.6-4 Surety Bonds

a. In cases where the applicant appears to be otherwise unable to meet the public charge requirements, the U.S. sponsor may wish to post an indemnity bond pursuant to INA 213. Although the posting of a public charge bond does not, in itself, establish that an applicant is not likely to become a public charge, it might be sufficient, depending upon the circumstances in a particular case, to make possible a finding that the applicant overcomes INA 212(a)(4). The bond should be used sparingly and only in borderline cases. When an applicant appears likely on the facts to become a public charge (for example because of an acute physical condition and lack of adequate resources), the filing of a bond would not serve any purpose if the needs of the applicant would easily overcome the value of the bond.

b. The specifics of such a bond and the means of posting one are:

(1) The U.S. sponsor would file the Form I-352 with the Department of Homeland Security. Either a district director or, in some cases, a regional director, will then review the I-352.

(2) If a family is proceeding as a unit to the United States, a bond may be required for more than one member of the family. The I-352 should specify the name(s) of the person(s) for whom a bond is being requested. If only the principal applicant is immigrating immediately, the number of remaining family members should not be taken into account until they are applying for visas;

(3) A public charge bond is canceled when the alien dies, leaves the United States permanently, or is naturalized. The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) may, however, cancel a bond at any time if the alien has not become and does not appear likely to become a public charge five years after the entry into the United States. The bond will be reviewed for cancellation upon the filing of Form I-356, Request for Cancellation of a Public Charge Bond, if the alien has not become a public charge during those five years;

(4) You should inform the alien, in these cases, that DHS/USCIS may require a larger bond to be posted at the time of application for admission; and

(5) The visa issued in such cases must carry a notation that the bond was required and the notification (or a certified copy thereof) from DHS that the bond had been posted must be attached to the visa.

8 CFR 103.6 - Surety bonds.

(a) Posting of surety bonds—

(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352, Immigration Bond, a copy of which, and any rider attached thereto, shall be furnished the obligor. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312, Designation of Attorney in Fact. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his or her approved attorney in fact, shall be forwarded to the regional director for approval.

(2) Bond riders—

(i) General. Bond riders shall be prepared on Form I-351, Bond Riders, and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed.

(ii) [Reserved]

(b) Acceptable sureties. Either a company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.

(c ) Cancellation—

(1) Public charge bonds. A public charge bond posted for an immigrant shall be cancelled when the alien dies, departs permanently from the United States or is naturalized, provided the immigrant did not become a public charge prior to death, departure, or naturalization. The district director may cancel a public charge bond at any time if he/she finds that the immigrant is not likely to become a public charge. A bond may also be cancelled in order to allow substitution of another bond. A public charge bond shall be cancelled by the district director upon review following the fifth anniversity of the admission of the immigrant, provided that the alien has filed Form I-356, Request for Cancellation of Public Charge Bond, and the district director finds that the immigrant did not become a public charge prior to the fifth anniversary. If Form I-356 is not filed, the bond shall remain in effect until the form is filed and the district director reviews the evidence supporting the form and renders a decision to breach or cancel the bond.

(2) Maintenance of status and departure bonds. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding maintenance of status and departure bond shall be canceled. If an application for adjustment of status is made by a nonimmigrant while he is in lawful temporary status, the bond shall be canceled if his status is adjusted to that of a lawful permanent resident or if he voluntarily departs within any period granted to him. As used in this paragraph, the term lawful temporary status means that there must not have been a violation of any of the conditions of the alien's nonimmigrant classification by acceptance of unauthorized employment or otherwise during the time he has been accorded such classification, and that from the date of admission to the date of departure or adjustment of status he must have had uninterrupted Service approval of his presence in the United States in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. An alien admitted as a nonimmigrant shall not be regarded as having violated his nonimmigrant status by engaging in employment subsequent to his proper filing of an application for adjustment of status under section 245 of the Act and part 245 of this chapter. A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired.

(3) Substantial performance. Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.

Edited June 9, 2014 by KayDeeCee

[Vik & Sabine 0]

Thanks to everyone for your prompt replies. My U.S. fiancé has worked part-time for 2 of the last 3 years, the years he'll need to show tax returns for. Our hesitance has to do with the question of whether to wait for him to have more years to show full-time employment on his tax returns which would exceed the 125% poverty limit by far (which they will if he is working full-time at his current position), or for me to look into the possibility of self-sponsorship, which is where the bond would come in. We will be filing in Amsterdam, Netherlands and their website states they accept self-sponsorship either in full or as a supplement to my fiancé's I-134. My next step will be to contact the Amsterdam consulate directly. This is where the bond would come in, the bond would have my assets put in but if it needs to be in my fiancé's name we wonder how to make that happen.

Thanks again to everyone who replied!

[KayDeeCee 4,904]

He doesn't need to provide the last 3 years of taxes. Usually just the most recent year is all that is needed. For some consulates, no taxes are needed, unless self-employed. You show proof of current income with a letter from employer and recent pay stubs. If working full time and making enough, then there should not be an issue. No need to wait for the income to show up on the taxes. Since they allow self-sponsorship, the beneficiary can bring along proof of assets, such as bank statements. No need for a bond.

You must demonstrate you have sufficient financial means to start your new life in the U.S. There are several ways to do this. You can have your petitioner prepare an Affidavit of Support, form I-134 (Note: NOT form I-864!). You can have someone else in the U.S. prepare an I-134. You can have more than one I-134 prepared. You can show own financial means, e.g. bank statement showing savings. A job offer extended to you by an employer in the U.S., on company letterhead and notarized, can also be helpful.

http://amsterdam.usconsulate.gov/iv_k1_pkt3.html

[christeen 966]

You say the tax return will not be sufficient. Are they self-employed? If not, what is their current income? Do they have assets to go along with current income?

Have not heard of a bond being used for a K-1, but here are the details of the regulations and law >

9 FAM 40.41 N5.6-4 Surety Bonds

a. In cases where the applicant appears to be otherwise unable to meet the public charge requirements, the U.S. sponsor may wish to post an indemnity bond pursuant to INA 213. Although the posting of a public charge bond does not, in itself, establish that an applicant is not likely to become a public charge, it might be sufficient, depending upon the circumstances in a particular case, to make possible a finding that the applicant overcomes INA 212(a)(4). The bond should be used sparingly and only in borderline cases. When an applicant appears likely on the facts to become a public charge (for example because of an acute physical condition and lack of adequate resources), the filing of a bond would not serve any purpose if the needs of the applicant would easily overcome the value of the bond.

b. The specifics of such a bond and the means of posting one are:

(1) The U.S. sponsor would file the Form I-352 with the Department of Homeland Security. Either a district director or, in some cases, a regional director, will then review the I-352.

(2) If a family is proceeding as a unit to the United States, a bond may be required for more than one member of the family. The I-352 should specify the name(s) of the person(s) for whom a bond is being requested. If only the principal applicant is immigrating immediately, the number of remaining family members should not be taken into account until they are applying for visas;

(3) A public charge bond is canceled when the alien dies, leaves the United States permanently, or is naturalized. The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) may, however, cancel a bond at any time if the alien has not become and does not appear likely to become a public charge five years after the entry into the United States. The bond will be reviewed for cancellation upon the filing of Form I-356, Request for Cancellation of a Public Charge Bond, if the alien has not become a public charge during those five years;

(4) You should inform the alien, in these cases, that DHS/USCIS may require a larger bond to be posted at the time of application for admission; and

(5) The visa issued in such cases must carry a notation that the bond was required and the notification (or a certified copy thereof) from DHS that the bond had been posted must be attached to the visa.

8 CFR 103.6 - Surety bonds.

(a) Posting of surety bonds

(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352, Immigration Bond, a copy of which, and any rider attached thereto, shall be furnished the obligor. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312, Designation of Attorney in Fact. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his or her approved attorney in fact, shall be forwarded to the regional director for approval.

(2) Bond riders

(i) General. Bond riders shall be prepared on Form I-351, Bond Riders, and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed.

(ii) [Reserved]

(b) Acceptable sureties. Either a company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.

(c ) Cancellation

(1) Public charge bonds. A public charge bond posted for an immigrant shall be cancelled when the alien dies, departs permanently from the United States or is naturalized, provided the immigrant did not become a public charge prior to death, departure, or naturalization. The district director may cancel a public charge bond at any time if he/she finds that the immigrant is not likely to become a public charge. A bond may also be cancelled in order to allow substitution of another bond. A public charge bond shall be cancelled by the district director upon review following the fifth anniversity of the admission of the immigrant, provided that the alien has filed Form I-356, Request for Cancellation of Public Charge Bond, and the district director finds that the immigrant did not become a public charge prior to the fifth anniversary. If Form I-356 is not filed, the bond shall remain in effect until the form is filed and the district director reviews the evidence supporting the form and renders a decision to breach or cancel the bond.

(2) Maintenance of status and departure bonds. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding maintenance of status and departure bond shall be canceled. If an application for adjustment of status is made by a nonimmigrant while he is in lawful temporary status, the bond shall be canceled if his status is adjusted to that of a lawful permanent resident or if he voluntarily departs within any period granted to him. As used in this paragraph, the term lawful temporary status means that there must not have been a violation of any of the conditions of the alien's nonimmigrant classification by acceptance of unauthorized employment or otherwise during the time he has been accorded such classification, and that from the date of admission to the date of departure or adjustment of status he must have had uninterrupted Service approval of his presence in the United States in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. An alien admitted as a nonimmigrant shall not be regarded as having violated his nonimmigrant status by engaging in employment subsequent to his proper filing of an application for adjustment of status under section 245 of the Act and part 245 of this chapter. A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired.

(3) Substantial performance. Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.

.

AWSOME info KayDee. ... I love here on VJ when you learn something new each day! Good work...

[altonbebe 48]

Your referring to a USCIS surety bond. These types of bonds are not accepted for your type of petition entry.

[KayDeeCee 4,904]

.

AWSOME info KayDee. ... I love here on VJ when you learn something new each day! Good work...

Thank you. I love learning too. I have seen people mention the bonds over the years, so a couple years ago when someone was insisting it was an option for the K-1, I looked it up. I still cannot find any info about someone actually using one for a K-1 visa though.

Your referring to a USCIS surety bond. These types of bonds are not accepted for your type of petition entry.

USCIS does not issue visas, and what is a petition entry? The form needed to apply for an immigration bond is actually an ICE form >http://www.ice.gov/news/library/forms/

Read the US Dept. of State Foreign Affairs Manual section dealing with this, that I linked and quoted part of above, starting at Page 15 > http://www.state.gov/documents/organization/86988.pdf