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ashggg222

K-1 I-134 Form Sponsor

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I am the petitioner for a k-1 visa and I had a few questions about the I- 134 form. I want to know if my fiance needs to bring the I- 134 form to the interview in Rio de Janeiro. Is it a mandatory form? Also if it is, as the sponsor I did not make enough money so I did not file taxes. However, I am not sure what I am suppose to send, if it is even necessary to send the IRS income tax. What do I do in that case. Do I need to send a second I-134 form with a co-sponsor? Or do I need to send the I-864 form? I am very confused and my fiances interview is in 6 days and I need to send him the right documents. 

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If you do not meet the requirements and the consulate allows a co-sponsor you and the co-sponsor will both fill out i-134 and provide supporting documents. i-864 is not applicable for you at this point.

You will need to write a short statement that you were not required to file taxes due to low income. I know that you can also get some sort of confirmation document for this from the IRS but there is no time for that at this point. It could still be a good idea for you to get this for the AOS process later (where you will use the i-864).

If you don't manage to get all the documents in order for your fiancés interview she will most likely receive a 221g pending documents and the visa will issuance will be delayed until you have provided these to the consulate.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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According to https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#6

 

The foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring "Evidence of financial support" (Form I-134, Affidavit of Support, may be requested) to the visa interview.

 

So if the foreign-citizen fiancé(e) can show "evidence of financial support" to the consulate, e.g., his own bank account with sufficient funding, Form I-134 might not be required. Am I misunderstanding?

 

Another paragraph on the same page as above:

 

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

Edited by goodlulck52

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What about current income? Do you make enough right now? If not, you most definitely need a sponsor and should have been on top of this a long time ago, having only 6 days to fix this will be tricky


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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I do not make enough money therefore I do need a co-sponsor but my co-sponsor is someone who is a retired immigration officer. He is used to working with case that have to do with Mexico but he has not worked with case that are for Brazil. Some of the things that required are different. He says it's not necessary for him to do the I-134 form. But my fiance has talked to people that says that it is required for both sponsor and co-sponsor to bring the I-134 form. I just want to be a hundred percent sure. If it is or isn't necessary.

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9 hours ago, ashggg222 said:

I do not make enough money therefore I do need a co-sponsor but my co-sponsor is someone who is a retired immigration officer. He is used to working with case that have to do with Mexico but he has not worked with case that are for Brazil. Some of the things that required are different. He says it's not necessary for him to do the I-134 form. But my fiance has talked to people that says that it is required for both sponsor and co-sponsor to bring the I-134 form. I just want to be a hundred percent sure. If it is or isn't necessary.

Definitely necessary or else there's no proof of financial support for her to show in her interview since your i134 will show not enough income.

not only your sponsor needs to send an I 134 filled but also all the necessary supporting documents 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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