OPTIONS ??

[sassyseawitch 1]

Fiance and son arrived here Sept. 11. The relationship has been REALLY bad. Have postponed the wedding twice.

Visas expire Dec. 13.

Because I signed the I-134, A of Support, I am legally responsible to support them for 10 yrs or until she becomes a citizen, correct ?

So, it becomes my responsibility for paying to send them back to the Philippines, if this is what we decide correct ?

I'm not a horrible person, but just trying to learn the legal aspects of this complicated situation.

So, what happens if we do not get married and she becomes out of status without going back to her country ?

The legality is, I promised to support them when I signed the I-134, so any fees or deportation expenses are my responsibility, correct ?

Thanks everyone. This is truly heartbreaking.

[Boiler 43,433]

I 134 is legally meaningless.

If you paid for them to come here you should morally pay for them to go back.

[Pheebs1201 269]

It has only been two months, are you absolutely sure things will not improve?

[Merrytooth 5,748]

I-134 is not legal binding.

She and her son will be out of status once I-94 expires.

If you do not wish to marry her, then offering her and son tickets back to Philippines will be a gesture of goodwill.

If they choose to stay in US after I-94 expires (without marrying), it is out of your control.

They can only get green card through AOS with the original petitioner which is you.

Probably you wouldn't want them to stay with you together, to prevent false abuse allegations.

Edited November 7, 2014 by Merrytooth

[Boiler 43,433]

Probably you wouldn't want them to stay with you together, to prevent false abuse allegations.

Too late, look at prior posts.

[LionessDeon 2,060]

I don't believe the I-134 puts you on the hook for 10 years if you do not marry. Here's what you signed.

4. This affidavit is made by me for the purpose of assuring the U.S. Government that the person(s) named in item (3) will not become a public

charge in the United States.

in

certify under penalty of perjury under U.S. law, that:

Form I-134 (Rev. 05/25/11)

b. If a U.S. citizen through parent(s) or marriage, give Certificate of Citizenship number

Name (Family Name) (First Name)

I, residing at

(Name) (Street Number and Name)

(City) (State) (Zip Code if in U.S.) (Country)

Form I-134, Affidavit of Support

Department of Homeland Security

U.S. Citizenship and Immigration Services

e. If a lawfully admitted nonimmigrant, give Form I-94, Arrival-Departure Record, number

5. I am willing and able to receive, maintain, and support the person(s) named in item 3. I am ready and willing to deposit a bond, if necessary, to

guarantee that such person(s) will not become a public charge during his or her stay in the United States, or to guarantee that the above named

person(s) will maintain his or her nonimmigrant status, if admitted temporarily, and will depart prior to the expiration of his or her authorized stay

in the United States.

6. I understand that:

a. Form I-134 is an “undertaking” under section 213 of the Immigration and Nationality Act, and I may be sued if the person(s) named in item 3

becomes a public charge after admission to the United States;

b. Form I-134 may be made available to any Federal, State, or local agency that may receive an application from the person(s) named in item 3

for Food Stamps, Supplemental Security Income, or Temporary Assistance to Needy Families; and

c. If the person(s) named in item 3 does apply for Food Stamps, Supplemental Security Income, or Temporary Assistance for Needy Families,

my own income and assets may be considered in deciding the person's application. How long my income and assets may be attributed to the

person(s) named in item 3 is determined under the statutes and rules governing each specific program.

It's the I-184 when filing for AOS after marriage that says more to that. Here's that link

http://www.visajourney.com/examples/INS-Form-I-864.pdf

If things do not work out and you do not marry within the 90 days then she and her son are required to return to their country. I truly hope you can work out the issues. I am sure coming to a new country, different culture, and being away from everything familiar is very difficult for her. Best of Luck!

Edited November 7, 2014 by LionessDeon

[Caryh 5,206]

Without a marriage to the sponsor, there is no way to legally stay. Morally the sponsor should offer to get them a return ticket, but they can't be forced to get one, and they can't force the K-1 and K-2 to leave.

[Merrytooth 5,748]

Too late, look at prior posts.

Boiler,

http://www.visajourney.com/forums/topic/516819-not-getting-along/#entry7271643

Are you referring to the above thread?

It is kind of confusing. The OP said to be asking on behalf on a 'friend'.

Here, the post is talking about OP's own situation? OP's timeline showed K1 and K2 too.

Hiedy and Derek just arrived in the US on Sept 11. Derek's father is not listed on the bc,and there has been no contact from him in 2 years.

We were not required to get any permission from the father.

[Darnell 8,478]

I-134 expires when the I-94 expires.

I-864 expires after 40 work credits, green card given up, beneficiary becomes uscitizen, or sponser dies. I-864 only in effect when green card is issued. green card gets issued when adjustment of status case submitted. Adjustment of status case submitted after marriage.

Since you not marry her (the next step) and not file for adjustment of status, and she not have a green card, the I-864 rules not apply, at all.

That's yer legal position, really.

[Pitaya 2,576]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Jawaree 717]

If you bot hdecide not to get marry dude do the decent thing

do little shopping for them and purchase the tickets for them

after all you did bring them in. If you do not get marry you are

not financially responsible for her if she stay and is out of status.

If there is a problem its best you are not living with them you

can be accused of abuse

[raven52 233]

Have a heart to heart conversation, and "IF" it won't work, do the right thing,...,.,send them back to the Phils.

I am surprised, usually Filipino women make some of the best wives in the world.,.,.,""I have one"".,.,. sorry about your situation.

Does the child impact the situation, very much.,.,.I did not see.,.,.,.,.IS IT YOUR child? Maybe that might be the problem.,.,.,

Good luck.,.,.,.,.,let this settle.,.,.,,go back to the Phils. (Cebu).,.,.,.,not Manila.,.,.,.,there are thousands there!

Just my opinion, Filipion's make great wives..,..,,.,but so do other countries..,.,I just happen to get lucky..,.,,. after my past 15 years.,.,.,.""I WAS DUE!!!""

[TBoneTX 43,058]

One post has been edited to remove inappropriate comments and is returned to the thread as follows:

do the right thing, buy them tickets back home.