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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

Hello, I'm a newbie here :), thanks in advance for your replies...

I am a USC by naturalization, got married last year with a baby on the way...I recently filed I-130 for my husband, both NOA's received and file moved to NVC. So, we are waiting for further instructions at this stage...my question relates to "Affidavit of support" I-134...or I-864

I have been unemployed since 2012, decided to take a gap year, relax & travel a little while at the same time stay around my husband in Africa. 2013 was a hectic year for me with wedding plans and all but, I have been involved in some non-profit activities (pro-bono) while living off my savings & financial assistance from my parents & spouse. How does one explain a situation like this & does it affect approval? I'm back to the US but he is in Africa (not trying to get a new job yet until baby arrive). If it matters, I reside with my sister & plan to do so for a while until "we" decide to move to a different state.

Thanks :-)

Posted

Hello, I'm a newbie here :), thanks in advance for your replies...

I am a USC by naturalization, got married last year with a baby on the way...I recently filed I-130 for my husband, both NOA's received and file moved to NVC. So, we are waiting for further instructions at this stage...my question relates to "Affidavit of support" I-134...or I-864

I have been unemployed since 2012, decided to take a gap year, relax & travel a little while at the same time stay around my husband in Africa. 2013 was a hectic year for me with wedding plans and all but, I have been involved in some non-profit activities (pro-bono) while living off my savings & financial assistance from my parents & spouse. How does one explain a situation like this & does it affect approval? I'm back to the US but he is in Africa (not trying to get a new job yet until baby arrive). If it matters, I reside with my sister & plan to do so for a while until "we" decide to move to a different state.

Thanks :-)

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application). So in your case since you are married you have to use I-864.
Posted

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application). So in your case since you are married you have to use I-864.

To your second question.

You can have a joint sponsor. A joint sponsor can be a friend or any one who is U.S. Citizen or a green card holder, 18+ and make enough to support your spouse. The joint sponsor will have to complete I-684 form and provide some documents such as tax transcripts etc. even though you are unemployed you still need to file I-684 form even if your income is $0. Not having a job doesn't mean denial, because that's the main reason for using a joint sponsor. By signing the I-684 the joint sponsor is accepting the responsibility to support the beneficiary( your husband) so he doesn't become a public charge.

I've never worked I am a full time student and currently I am sponsoring my husband I will use a joint sponsor.

I hope this help!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

You will not get approved without a sufficient Affadavit of Support- the officer has no leeway, no choice in the matter, they cannot approve you. You have three choices:

- Find a job asap and have paystubs to prove you make enough

- Sponsor on assets (savings, a second home etc); you'd need three times the income limit

- Get a US based co-sponsor to stand guarantoor for your husband.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

You will not get approved without a sufficient Affadavit of Support- the officer has no leeway, no choice in the matter, they cannot approve you. You have three choices:

- Find a job asap and have paystubs to prove you make enough

- Sponsor on assets (savings, a second home etc); you'd need three times the income limit

- Get a US based co-sponsor to stand guarantoor for your husband.

Hi Penguin_ie just to make sure I understand your post, a joint sponsor is fine, correct? Like in my case $0 income with a joint sponsor is acceptable meaning that the visa will not get denied. Correct me if I'm wrong.

Thanks!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

If the joint sponsor has paid his taxes and his financials are ok then you won;t be denied on financial grounds, no.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

If the joint sponsor has paid his taxes and his financials are ok then you won;t be denied on financial grounds, no.

Yes he paid his taxes, he is married filed separately with no dependents and make $55,000.

Thank you for the quick reply, I really appreciate your help.

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

You will not get approved without a sufficient Affadavit of Support- the officer has no leeway, no choice in the matter, they cannot approve you. You have three choices:

- Find a job asap and have paystubs to prove you make enough

- Sponsor on assets (savings, a second home etc); you'd need three times the income limit

- Get a US based co-sponsor to stand guarantoor for your husband.

Thanks for your insightful contribution.

Filed: Timeline
Posted

If the joint sponsor has paid his taxes and his financials are ok then you won;t be denied on financial grounds, no.

True enough -- he/she won't get denied on financial grounds. There are other grounds, however, on which he/she can be denied. It has to be credible to the visa officer that the individual I willing to guarantee payment of what could, in theory, be a substantial amount of money for up to five years or more. If they do not find it credible that the person will abide by the commitment, they can deny the joint sponsor and inform you that you must seek a new joint sponsor. (They won't permanently deny the visa -- they will deny it pending the submission of the additional documentation they request, i.e., a new I-864 from a credible --in their eyes -- joint sponsor).

Posted

True enough -- he/she won't get denied on financial grounds. There are other grounds, however, on which he/she can be denied. It has to be credible to the visa officer that the individual I willing to guarantee payment of what could, in theory, be a substantial amount of money for up to five years or more. If they do not find it credible that the person will abide by the commitment, they can deny the joint sponsor and inform you that you must seek a new joint sponsor. (They won't permanently deny the visa -- they will deny it pending the submission of the additional documentation they request, i.e., a new I-864 from a credible --in their eyes -- joint sponsor).

Hello Jan22,

Thank you for your contribution. So by "It has to be credible to the visa officer that the individual I willing to guarantee payment of what could, in theory, be a substantial amount of money for up to five years or more." You mean that the joint sponsor signature on the I-684 form does not guarantee support economically to my husband(the beneficiary) to the visa officer? Do you know what might be some ways to know when or how a joint sponsor is credible to the visa officer? My joint sponsor makes $55,000 a year, has no dependents, file his taxes separately but he is married. He pay his taxes on time.the joint sponsor knows me since I was born 23 years ago :) he was my neighbor in Dominican Republic and now since I am in the U.S he comes to my house constantly and spend time with my family. He went to my wedding as well.. Do you think that our relationship with the joint sponsor will help in case that the visa officer doesn't feel comfortable having him as our joint sponsor? I'm really worry about this, I am 100% sure that we wont get denied base on other questions about our relationship but this thing about joint sponsor makes me sweat to be honest.

 
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