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AmyOlivia

To Affidavit, or not Affidavit... that is the question!

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Hello, one and all!

 

I'm new to this here community, but my fiance directed me to you because I've been plugging away at K-1 paperwork today and the flowchart of Visa progression really helped settle a bit of my anxiety! But of course, I still have a good many questions to ask and not many answers are forthcoming.

 

As the topic title states, I'm currently struggling with the whole Affidavit of Support section required for my interview with my Embassy in London, UK. It is listed as a required document, but then goes on to state that it MAY be required.

 

My fiance and I want to be ahead of the game (I already have everything else done and prepared from the checklist; DS-160, ACRO, Birth Certificate legal copy, Evidence of Relationship... you name it!!), so we'd really appreciate it if somebody could clarify whether the Affidavit of Support is required for us to file on the K-1.

 

As an aside, I'm currently in contact with the school district where I'm moving to in the Lacey/ Olympia area of WA, and have submitted an application to be a Substitute Teacher with them. So, if that proves fruitful, would I be right in saying that they could provide me with the evidence of support?

 

Thank you all for reading! And wish us luck for a speedy rest of the Visa process.

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Posted (edited)
5 minutes ago, AmyOlivia said:

Hello, one and all!

 

I'm new to this here community, but my fiance directed me to you because I've been plugging away at K-1 paperwork today and the flowchart of Visa progression really helped settle a bit of my anxiety! But of course, I still have a good many questions to ask and not many answers are forthcoming.

 

As the topic title states, I'm currently struggling with the whole Affidavit of Support section required for my interview with my Embassy in London, UK. It is listed as a required document, but then goes on to state that it MAY be required.

 

My fiance and I want to be ahead of the game (I already have everything else done and prepared from the checklist; DS-160, ACRO, Birth Certificate legal copy, Evidence of Relationship... you name it!!), so we'd really appreciate it if somebody could clarify whether the Affidavit of Support is required for us to file on the K-1.

 

As an aside, I'm currently in contact with the school district where I'm moving to in the Lacey/ Olympia area of WA, and have submitted an application to be a Substitute Teacher with them. So, if that proves fruitful, would I be right in saying that they could provide me with the evidence of support?

 

Thank you all for reading! And wish us luck for a speedy rest of the Visa process.

Who is the alien and who is the USC?  

Edited by payxibka

YMMV

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1 minute ago, payxibka said:

No.  The Affidavit needs to come from the USC not the alien.  Secondly, as a K-1 you are NOT eligible to work until you receive employment authorization which could be 4 to 6 months after you apply for adjustment of status

Thank you so much for the speedy response!

 

Would you recommend for my fiance, the USC, to file for the Affidavit in that case and is therefore required? I'm confused by all of the "may require", "may need" and all the rest of it in the instructions/ lists of required documents regarding this document.

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Just now, AmyOlivia said:

Thank you so much for the speedy response!

 

Would you recommend for my fiance, the USC, to file for the Affidavit in that case and is therefore required? I'm confused by all of the "may require", "may need" and all the rest of it in the instructions/ lists of required documents regarding this document.

You need to have it in your "pocket" in the event they ask for it.


YMMV

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Just now, payxibka said:

You need to have it in your "pocket" in the event they ask for it.

No problem! Thank you for confirming, I'll make sure that my fiance files it and I'll then have it available for my interview!

 

Back to the whole "hurry up and wait" game while I await paperwork/ contact from the London Embassy.

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Just now, AmyOlivia said:

No problem! Thank you for confirming, I'll make sure that my fiance files it and I'll then have it available for my interview!

 

Back to the whole "hurry up and wait" game while I await paperwork/ contact from the London Embassy.

By filing it if you mean that you will bring it with you to the interview then that is what you do.  He needs to prepare it and provide the financial evidence in support of it


YMMV

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3 minutes ago, AmyOlivia said:

Thank you so much for the speedy response!

 

Would you recommend for my fiance, the USC, to file for the Affidavit in that case and is therefore required? I'm confused by all of the "may require", "may need" and all the rest of it in the instructions/ lists of required documents regarding this document.

Simple answer is, he needs to prepare I-134 and provide documents (easiest is IRS Tax transcripts) He doesn't need to physically send it to you, it can be digital copy, but he does need to sign page 5 of it. Please note form I-134 was recently updated on USCIS website, so make sure he uses newest version of it. 

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Posted (edited)
7 minutes ago, AmyOlivia said:

No problem! Thank you for confirming, I'll make sure that my fiance files it and I'll then have it available for my interview!

 

Back to the whole "hurry up and wait" game while I await paperwork/ contact from the London Embassy.

There is no "filing" Have him digitally fill it out, then print page 5 and only page 5, sign and date printed page 5, then scan it (or take a good picture of it with a phone)

Then have him e-mail or share by some other means (drops box, Google drive etc) filled I-134 PDF AND scanned JPG of signed Page 5 as well as financial documents e.g. IRS transcripts for filed taxes. https://www.irs.gov/individuals/get-transcript

 

You will print all of that out before the interview, toss out old page 5 from PDF and replace it with signed Page 5 from JPG, and put it into your packet to take with you to the interview. 

Edited by Shiran

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Posted (edited)
18 minutes ago, AmyOlivia said:

My fiance and I want to be ahead of the game (I already have everything else done and prepared from the checklist; DS-160, ACRO, Birth Certificate legal copy, Evidence of Relationship... you name it!!), so we'd really appreciate it if somebody could clarify whether the Affidavit of Support is required for us to file on the K-1.

Of course it is required. If your application is successful you, as the K1 visa holder, will be in AOS until USCIS process your case Stateside. Your fiance has to prove that they can support you and that you will not be a public charge.

Edit: It's not required for filing but if you want a visa to be issued, then yes it's required.

Edited by fip & jim

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Your timeline isn't filled out and with all the mentions of "filing for K1" and "flow charts relieving anxiety" sound like you are JUST starting the K1 process ... Unless I really missed something, I have to ask... You've already completed the I-129f petition stage, yes? 

 

Please fill out your timeline 🙂


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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9 minutes ago, MeghanK said:

Your timeline isn't filled out and with all the mentions of "filing for K1" and "flow charts relieving anxiety" sound like you are JUST starting the K1 process ... Unless I really missed something, I have to ask... You've already completed the I-129f petition stage, yes? 

 

Please fill out your timeline 🙂

Since OP mentioned filled out DS-160, I assumed they were at interview stage, and 129F was approved, but yes, filled time line helps! 

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1 minute ago, Shiran said:

Since OP mentioned filled out DS-160, I assumed they were at interview stage, and 129F was approved, but yes, filled time line helps! 

Just gotta be sure, lol... I've seen people make bigger mistakes on here, just never know! 😂

 


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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Posted (edited)
1 hour ago, AmyOlivia said:

 

Would you recommend for my fiance, the USC, to file for the Affidavit in that case and is therefore required? I'm confused by all of the "may require", "may need" and all the rest of it in the instructions/ lists of required documents regarding this document.

 

The embassy in London requires the I-134 and one proof of income. That language they use on the website (still!) goes back to a time when they had a page to explain you could prepare a DIY affidavit form as long as it had x, y, z. It was frankly so detailed to include  everything the I-134 says, that why not just use I-134. So the reorganized the website leaving that page off, but made the affidavit sound optional. Or you might be confused by them saying for a fiancé, the I864 affidavit is not required. That is because that one is for spouse visas. And you will have that one late when you apply for a greencard in the US.The US fiancé mails the i-134 to you so you can take it to your interview in London.

 

I assume you are getting your information from the London Embassy website K1 instruction page. Yes?

 

1 hour ago, AmyOlivia said:

As an aside, I'm currently in contact with the school district where I'm moving to in the Lacey/ Olympia area of WA, and have submitted an application to be a Substitute Teacher with them. So, if that proves fruitful, would I be right in saying that they could provide me with the evidence of support?

 

No, that won't work. The promise of a job is not a for sure thing until you are actually working and getting paychecks. Plus, you will not be allowed to work when you arrive in the US. You first have to marry, file for adjustment of status (AOS) and work authorization (EAD). Then you will wait months before you get that authorization to work. So the embassy needs to see how you will be supported in that six months or so that you will not have a job. 

 

Edited by Wuozopo

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Please fill out your timeline to receive relevent info.  It sounds from your initial post as if you are just starting the process before the petitioner files the I129-f.  Is that correct?  If so, you are getting wayyyyy ahead of yourself.

 

Relationship evidence is not needed for a petition through the London embassy.  The K-1 requirement is to have met once in the two years immediately prior.  The best evidence for this is passport stamps and boarding passes.

 

Most publicly-funded jobs (i.e teaching positions) require evidence of legal permission to work before they will even entertain a job offer, and many even require a green card (vs. EAD).  

 

Btw, I went to uni in Oly, years ago.  Great town, for the most part!

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7 hours ago, Wuozopo said:

 

The embassy in London requires the I-134 and one proof of income. That language they use on the website (still!) goes back to a time when they had a page to explain you could prepare a DIY affidavit form as long as it had x, y, z. It was frankly so detailed to include  everything the I-134 says, that why not just use I-134. So the reorganized the website leaving that page off, but made the affidavit sound optional. Or you might be confused by them saying for a fiancé, the I864 affidavit is not required. That is because that one is for spouse visas. And you will have that one late when you apply for a greencard in the US.The US fiancé mails the i-134 to you so you can take it to your interview in London.

 

I assume you are getting your information from the London Embassy website K1 instruction page. Yes?

 

 

No, that won't work. The promise of a job is not a for sure thing until you are actually working and getting paychecks. Plus, you will not be allowed to work when you arrive in the US. You first have to marry, file for adjustment of status (AOS) and work authorization (EAD). Then you will wait months before you get that authorization to work. So the embassy needs to see how you will be supported in that six months or so that you will not have a job. 

 

Hiya! And thank you to everybody for your responses, I'll get to work on my timeline today (still getting to grips with everything here, my apologies!).

 

Yes, we received approval for our petition I-129F in January, so my next step is the interview/ medical exam and the like.

 

And I see! That certainly explains why the website is contradictory/ not too specific, thank you for clarifying. Yes, I've been using the K-1 Instruction page from the Embassy in order to cross-reference my information thus far.

 

I understand regarding the employment aspect, I appreciate the clarification on it all. I kind of assumed that it wouldn't be entirely possible, but thought that it was worth an ask regardless.

 

Thank you all so much, looks like our next step is the I-134!

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