Jump to content

15 posts in this topic

Recommended Posts

Posted (edited)

We recently had our visa petition approved by USCIS and we are waiting for our NVC case number.  My fiancé is a full-time masters student in the states, and is not working at the moment.  Is the affidavit of support required for our K1 visa? If so, will we submit it on NVC’s website before my interview or will I need to show it the day of the interview? 
 

I’ve received conflicting information on this so I would appreciate any details regarding the affidavit of support.

 

thanks! 

Edited by AlexanderStruzhko
Dkdkkf

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
2 minutes ago, AlexanderStruzhko said:

We recently had our visa petition approved by USCIS and we are waiting for our NVC case number.  My wife is a full-time masters student in the states, and is not working at the moment.  Is the affidavit of support required for our K1 visa? If so, will we submit it on NVC’s website before my interview or will I need to show it the day of the interview? 
 

I’ve received conflicting information on this so I would appreciate any details regarding the affidavit of support.

 

thanks! 

If you have a wife, you are not eligible for a K-1 visa.  That is for unmarried people.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
4 minutes ago, AlexanderStruzhko said:

I meant to say fiancé, not wife. 

For fiance petitions, no documents are uploaded to NVC.

 

She will need to complete an I-135 for you to take to the interview.  If she doesn't qualify financially, she will need to find an eligible joint sponsor, and that person will need to provide the required forms and supporting documentations.

 

K-1 is an odd choice if she is a student.  How will you support yourself during the 8 months when you cannot work in the US?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
17 minutes ago, Jorgedig said:

For fiance petitions, no documents are uploaded to NVC.

 

She will need to complete an I-135 for you to take to the interview.  If she doesn't qualify financially, she will need to find an eligible joint sponsor, and that person will need to provide the required forms and supporting documentations.

 

K-1 is an odd choice if she is a student.  How will you support yourself during the 8 months when you cannot work in the US?

I134


YMMV

Share this post


Link to post
Share on other sites

She graduates in the fall and will likely have a job offer before graduation.  Good to know about NVC. I heard some say that an affidavit is required for the K-1 visa and others say that it isn't because it is technically a non-immigrant visa . At least we will have more time to prove her financial stability if they only require us to present the affidavit for the interview. 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
Posted (edited)
38 minutes ago, AlexanderStruzhko said:

She graduates in the fall and will likely have a job offer before graduation.  Good to know about NVC. I heard some say that an affidavit is required for the K-1 visa and others say that it isn't because it is technically a non-immigrant visa . At least we will have more time to prove her financial stability if they only require us to present the affidavit for the interview. 

Hopefully you realize that the I-864 is required as well, just later in the process than for a spousal visa.  She will need to submit it with your adjustment of status paperwork (I-485).  She will need to qualify financially to sponsor you at that time, or have an eligible joint sponsor.   You won't be able to work until you receive your EAD, which is currently taking >8 months from the time of application.

 

I recommend reading the guides here at VJ, along with the information on the USCIS website also.  

Edited by Jorgedig

Share this post


Link to post
Share on other sites
Posted (edited)
31 minutes ago, Jorgedig said:

Hopefully you realize that the I-864 is required as well, just later in the process than for a spousal visa.  She will need to submit it with your adjustment of status paperwork (I-485).  She will need to qualify financially to sponsor you at that time, or have an eligible joint sponsor.   You won't be able to work until you receive your EAD, which is currently taking >8 months from the time of application.

 

I recommend reading the guides here at VJ, along with the information on the USCIS website also.  

Just to clarify, the I-135 means that She (and a potential join-sponsor) would be liable for the duration of my 90 day visa in the US? After marriage is when we sign the I-864 and that would be for 3 years? 

Edited by AlexanderStruzhko
Nznz

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
5 minutes ago, AlexanderStruzhko said:

Just to clarify, the I-135 means that She (and a potential join-sponsor) would be liable for the duration of my 90 day visa in the US? After marriage is when we sign the I-864 and that would be for 3 years? 

It's an I-134 for the K-1 visa.  It's really not enforceable, so no one is liable for anything.

 

The I-864 obligation can be for life.  It expire on certain conditions.  You becoming a US citizen is one possible way to end the I-864 obligation and you could apply based on the 3 years spousal green card rule.  If you don't become a US citizen and don't meet any of the other conditions to end the I-864 obligations, then it can go on until you or the sponsor dies.  

Edited by aaron2020

Share this post


Link to post
Share on other sites
40 minutes ago, aaron2020 said:

It's an I-134 for the K-1 visa.  It's really not enforceable, so no one is liable for anything.

 

The I-864 obligation can be for life.  It expire on certain conditions.  You becoming a US citizen is one possible way to end the I-864 obligation and you could apply based on the 3 years spousal green card rule.  If you don't become a US citizen and don't meet any of the other conditions to end the I-864 obligations, then it can go on until you or the sponsor dies.  

From where are you inferring that it isn’t enforceable?  

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
10 minutes ago, AlexanderStruzhko said:

I have googled it and I haven’t seen anything from an official government source. That’s why I asked you where you saw that. 

The US Government would not tell you that a contract that you sign with them would be unenforceable.  That would be stupid.  You're not going to find any official government source.  You have to look to see if they have sued anyone over the I-134.  They haven't.

https://www.ilw.com/articles/2008,0717-guevarra.shtm

 

 Courts have said the I-134 is unenforceable.

 

https://www.novacredit.com/resources/i-134/#:~:text=Form I-134 is often,that they will be denied

 

 

https://www.justia.com/immigration/i-134-affidavit-of-support/

 

Edited by aaron2020

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...