K1 With Petitioner and Benificiary overseas

[myhillg 1]

Hi All,

I've been devouring the information here on VJ, and want to say thanks to all the regulars. It's a great resource. I've been looking at past topics but I can't seem to find any specific information on the following.

My fiancee and I are both currently living in Australia as permanent residents and looking to move to the US once the K1 visa is approved. How do we fill out the I-134 Affidavit of Support when all our income and assets are in Australia? We both have jobs and assets to cover the requirements, but not in US accounts.

Once we arrive and apply for AOS I understand that we may need a co-sponser for the I-864 Affidavit of Support. Is this the same for I-134?

If we can not find a co-sponser, would it be sufficient to show 'cash equivalent' assets in Australia? Or do we have to move things to the US?

Thanks

Greg

[Penguin_ie 5,985]

Your income doesn't count, as it will not continue when you move.

Your Australian assets *may* count, but most embassies want to see assets in the USA, so the government has access to them should they sue you. I would strongly suggets moving as mch as you can to the USA.

The I-134 is the form you need for the K1, it is not legally binding; the I-864 you will use for AOS IS legally binding; the requirement is the same in terms of what is needed for a co-sponsor etc.

[aaron2020 11,651]

Hi Greg,

With the K-1, your fiancee will not be able to work in the US for at least 3 months once she gets here.

You are better off getting married and pursuing a CR-1 spousal visa. You only have to go through 1 process (CR-1) instead of 2 (K-1 and adjustment). With a CR-1, she can work immediately after coming to the US.

Best of luck

[myhillg 1]

Thanks all,

Looks like we will have to find a co-sponser if we don't have work in the US before we apply of AOS. Hopefully the in-laws don't mind!! eek.

aaron we went for the K1 as the processing times are currently approx. 260 days (less if you get CSC, which luckily we did) vs the 440 days for CR-1.

Yes will have to wait for the 90 days for EAD but luckily we are able to stay with family there while we get settled (maybe even have a vacation!). I also think its better to start the job search in country rather than from OS.

Thanks again

Edited July 22, 2015 by myhillg

[dandilyon 0]

Thanks all,

Looks like we will have to find a co-sponser if we don't have work in the US before we apply of AOS. Hopefully the in-laws don't mind!! eek.

aaron we went for the K1 as the processing times are currently approx. 260 days (less if you get CSC, which luckily we did) vs the 440 days for CR-1.

Yes will have to wait for the 90 days for EAD but luckily we are able to stay with family there while we get settled (maybe even have a vacation!). I also think its better to start the job search in country rather than from OS.

Thanks again

Hi myhillg

My US Citizen partner and I are in the same dilemma as the two of you. Both he (petitioner) and myself (beneficiary) are living in Australia with no assets here, although my partner does have some assets in the USA. As such we have the same issue of not being able to use his Australian income for the I-134.

Just wondering if your I-129f petition has been accepted yet? We are about to file our I-129F and are nervous about even that being accepted given that he has not lived in the USA for a number of years. The next issue is obviously the I-134 at interview time.

It would be really helpful to us if you wouldn't mind updating us during your visa journey to better prepare us for what is required....as you know the consulate refuses to provide case specific assistance so at this stage we were just going to proceed and cross our fingers that they'll approve the visa on interview day.

Feel free to message any updates, we will do the same for you guys if you're interested in how it plays out for us.

Thanks

[myhillg 1]

Hi myhillg

My US Citizen partner and I are in the same dilemma as the two of you. Both he (petitioner) and myself (beneficiary) are living in Australia with no assets here, although my partner does have some assets in the USA. As such we have the same issue of not being able to use his Australian income for the I-134.

Just wondering if your I-129f petition has been accepted yet? We are about to file our I-129F and are nervous about even that being accepted given that he has not lived in the USA for a number of years. The next issue is obviously the I-134 at interview time.

It would be really helpful to us if you wouldn't mind updating us during your visa journey to better prepare us for what is required....as you know the consulate refuses to provide case specific assistance so at this stage we were just going to proceed and cross our fingers that they'll approve the visa on interview day.

Feel free to message any updates, we will do the same for you guys if you're interested in how it plays out for us.

Thanks

Hey dandilyon,

We lodged the 129F on 14/05/15 and got accepted (NOA2) on 26/06/15.

So it looks like it is progressing - just waiting for NVC to send to Sydney. My partner has not been in the US for a few years too, so hopefully not going to be problem. I'm still not clear on how the I-134 and I-864 will work if neither of us is working in the US. It sounds like the best option is to have a co-sponser in the US who will have sufficient income for 3 people. Or if you have a fair chunk savings in US accounts to make up the difference.

I'll keep our timeline updated, but feel free to message me directly if you have any questions! Happy to help if I can.

[dandilyon 0]

Hey dandilyon,

We lodged the 129F on 14/05/15 and got accepted (NOA2) on 26/06/15.

So it looks like it is progressing - just waiting for NVC to send to Sydney. My partner has not been in the US for a few years too, so hopefully not going to be problem. I'm still not clear on how the I-134 and I-864 will work if neither of us is working in the US. It sounds like the best option is to have a co-sponser in the US who will have sufficient income for 3 people. Or if you have a fair chunk savings in US accounts to make up the difference.

I'll keep our timeline updated, but feel free to message me directly if you have any questions! Happy to help if I can.

Thanks for getting back to me, can't believe how quickly the I-129F are being processed! We should have enough savings for the I-134 if they're happy to accept that instead of income....the I-864 is obviously a whole new ball-game but will deal with that when AOS time comes.

All the best for your Sydney interview...I'll keep an eye on your timeline and flick you a message when it looks like it is done to see how it sent.

Good luck!

[PerthTONewYork 1]

Hello! Thank you so much for posting this thread! I was just seeing if you had any updates or issues with finding a co-sponsor. We are also both residing in Australia and all assets are in accounts here. I will be getting my mother to be a co-sponsor. Hope everything worked out for you both!

[myhillg 1]

Hello! Thank you so much for posting this thread! I was just seeing if you had any updates or issues with finding a co-sponsor. We are also both residing in Australia and all assets are in accounts here. I will be getting my mother to be a co-sponsor. Hope everything worked out for you both!

Hi there.

We actually had to delay our interview because the I-129 was processed so fast! We've got our interview on 29/12 (3 weeks) so will be able to let you know how it goes.