k1 visa - might get denied bec of i-134, so maybe try DCF? (merged)

[blackmamba007 1]

hi everyone.

my fiance submitted i-129 form for k1 visa just last week.

now, we are trying to accomplish i-134 and i read in some posts that they would need recent w2 and ITR.

the problem is he only worked a few months in 2015 (he didnt meet the minimum income required) and he hasnt worked since (other reasons).

he has some income this year but no proof to show that

however, in 2013 and 2014, he is meeting the minimum requirement since thats the last time he worked,

can he just submit the old ones?

also, we are considering doing the DCF instead.

what other requirement would they need for DCF aside from (the petitioner) becoming a resident outside US and him and i getting married)?

do they need other requirements that relates to money/proof of support?

thanks in advance

[blackmamba007 1]

May i just add, my fiance has lots of money in the bank though, can we just show them bank history/transactions for the past 2 years or so? will that suffice?

thank you

[liefde_overzee 36]

He would need to prove income with most recent tax returns. Meeting the requirement 2-3 years ago isn't going to be acceptable. He can show he has enough to support you with assets. He will need to have 3 times as much to use that as proof. Bank statements, letter from bank officer will all be needed. If neither of these will work, you can have him find a co sponsor that meets the financial requirements.

[Penguin_ie 5,986]

The financial requirements for DCF would be the same, though they may be more likely to accept assets (savings).

[lost_at_sea 995]

Get a joint sponsor?

[blackmamba007 1]

Thanks for your reply.

Should we try submitting the i134 first and see how it goes, if we will get approved?

Just in case we didnt, can we still send the the joint sponsorship after?

Or will they deny us if the support is not adequate and wont allow us to submit the joint sponsorship thereafter?

[liefde_overzee 36]

You're always more than welcome to try it. Just be aware it is not submitted until the interview. If the information isn't adequate, you will have to gather the information, schedule another appointment, and turn it all in. Why waste so much time? There is very good information here, and the instructions from the I-134 are pretty clear. Doing a little research could go a long way, just to make certain your fiancé meets financial guidelines. But, yes, you are absolutely fine to submit as is, and let the chips fall where they may. If financials aren't met by your fiancé, your time before the interview will be better spent attempting to locate a co-sponsor.

Edited July 28, 2016 by liefde_overzee

[blackmamba007 1]

my uncle is now a green card holder in the US, should i let my fiance (petitioner) have him as a co-sponsor?

also, we submitted the i-129 form last july 22, we used USPS and also paid for return receipt. we haven't received the return receipt yet, although it says in the USPS online tracker that USCIS have received it.

should we be worried? who can we contact about the i129 form?

thanks

[liefde_overzee 36]

You mailed it the 22nd? It took us a couple of weeks from the time we mailed ours to get our NOA1. It was received on May 12th, but we didn't hear anything from USCIS until May 17th by text that our petition was received. It was another week before we received anything by mail. I would say wait a little longer. Waiting will become your norm in this process!

I will let someone else answer your question about your uncle. I am not knowledgeable enough about co-sponsors to know if a green card holder can sponsor as they must have a sponsor themselves. Have you searched the forums for that? I'm sure someone will be along to give you better information on it than I can.

[blackmamba007 1]

what if the co-sponsor is a relative (uncle) of the beneficiary? is that going to be a problem? will they question it?

[blackmamba007 1]

^that's what i have read too in some stories..

question though, can i just submit the i-134 of my fiance first, then wait for them to ask if i will have a co-sponsor?

my fiance said his docs are enough (bank account statement, w2) but since he hasnt worked since 3rd quarter of 2015, i am afraid that it may not be enough although he has a lot in his savings (6 digits) so i also asked my uncle (US citizen, green card holder) to cosponsor him.

so i am thinking of just giving them my fiance's docs and only give the co-sponsor's docs when they asked for it..

is that ok?

please advice.. thanks

[Penguin_ie 5,986]

**** question about uncle co-sponsoring split from thread by other member and merged here. Please ask questions about your own case in your own thread *****

While an uncle is a good co-sponsor, it is unusual that it is the uncle of the beneficiary, not the petitioner; the CO may be concerned that is is part of a scheme to "buy a greencard through marriage".

[lost_at_sea 995]

What Penguin said.

Specifically, though, a sponsor needs to be: A US citizen or LPR (green card holder), over 18 years of age and resident in the USA (as well as having the required financials). If your sponsor meets those criteria, then you can try using them with the warning mentioned by Penguin.

[Greenbaum 12,258]

^that's what i have read too in some stories..

question though, can i just submit the i-134 of my fiance first, then wait for them to ask if i will have a co-sponsor?

my fiance said his docs are enough (bank account statement, w2) but since he hasnt worked since 3rd quarter of 2015, i am afraid that it may not be enough although he has a lot in his savings (6 digits) so i also asked my uncle (US citizen, green card holder) to cosponsor him.

so i am thinking of just giving them my fiance's docs and only give the co-sponsor's docs when they asked for it..

is that ok?

please advice.. thanks

Yes you can submit your fiancee docs first and your cosponsor if asked. You will have some problems with unemployed as there is no income to support. If his bank account is more than 6 times the poverty level amount for your family size then he should be fine. Bank statements will prove that.