i-134 Affadavit Support.. ?? and advice please

[TracyOz 0]

Hi everyone

Hope you can help here - have looked at the i-134 Affadavit of Support to present when the time comes at the Sydney Consulate (oh I know getting ahead of myself on my timeline, just like to be prepared )

And I realise that when the time comes over in the USA that we have to fill in the 864 forms, which can also include my assets etc..

BUT my question is:- Do I even need to have my darling USC fill out the i-134 for the K1 interview in Sydney, if I have a bank account containing around $150-$165,000 USD (sale of my house here in Australia) - this is on top of the money ($15K or so) for the actual move, application forms, medicals, and all of the other sundry expenses.... (MAN OH MAN WHAT AN EXPENSIVE DATE )

I will be making the move to the USA with 2 of my children, and my darling fiance' has 50% custody of 2 of his children... so based on the Poverty guidelines I see that for our household of (6) we would need annual income of $34,000 (ish) per year. Situation is that for the past 5 years plus my darling has been earning $120K plus p/a, however ONLY just this month changed jobs - and while we know and anticipate him earning the same figures as in the past - we don't know if he will have the required "regular" pay stubs that they want to see.

Your thoughts and suggestions would be greatly appreciated... and I am sure that over the next couple of months I will have other questions that come to mind - this is a terrific forum and a GREAT support network for those of us who are all waiting out the process of the government red tape..

Have a GREAT day

Tracy

[Dakine 26]

Hi everyone

Hope you can help here - have looked at the i-134 Affadavit of Support to present when the time comes at the Sydney Consulate (oh I know getting ahead of myself on my timeline, just like to be prepared )

And I realise that when the time comes over in the USA that we have to fill in the 864 forms, which can also include my assets etc..

BUT my question is:- Do I even need to have my darling USC fill out the i-134 for the K1 interview in Sydney, if I have a bank account containing around $150-$165,000 USD (sale of my house here in Australia) - this is on top of the money ($15K or so) for the actual move, application forms, medicals, and all of the other sundry expenses.... (MAN OH MAN WHAT AN EXPENSIVE DATE )

I will be making the move to the USA with 2 of my children, and my darling fiance' has 50% custody of 2 of his children... so based on the Poverty guidelines I see that for our household of (6) we would need annual income of $34,000 (ish) per year. Situation is that for the past 5 years plus my darling has been earning $120K plus p/a, however ONLY just this month changed jobs - and while we know and anticipate him earning the same figures as in the past - we don't know if he will have the required "regular" pay stubs that they want to see.

Your thoughts and suggestions would be greatly appreciated... and I am sure that over the next couple of months I will have other questions that come to mind - this is a terrific forum and a GREAT support network for those of us who are all waiting out the process of the government red tape..

Have a GREAT day

Tracy

Sounds like you have the fiancial part covered. Just be sure you have the" bonafide relationship" covered.

[Jason-Sasha 1]

I dont think you'll have any issues. It will be at least 6 months before you have an interview. could be a few months more than that. By then he will have enough paystubs to offer for the interview.

[reeses16 8]

Yes, he still has to fill out and I-134. You can't sponsor yourself.

[TracyOz 0]

Okie Dokie thanks for that folks... and <grin> I know that there is still a bunch of time between now and the interview... just keeping myself busy... and the relationship side of things ahhhh no dramas there either - we have stax of visits and email/phone correspondence between us since we first started dating - apart from the fact that I just recently returned to Australia after spending almost 2 months with him (totally hurt me so much being away from my kiddos during that time, just as it is hurting like blazes being away from him now.... seems so bittersweet doesn't it)... I will just be so looking forward to Xmas (he arrives here for 2 weeks from the 20th December... so my birthday, Xmas, & new years together) that should BREAK up this waiting game a little bit.

Frustration for me though is that when I returned back from the USA last month, - put my house on the market (expecting a least a little bit of a resistance) but it was sold in like 24hours (good yes... ... but not while you are in this waiting game)... tried to drag out the longest possible settlement with the new owners, and have gotten them to agree to the end of January... but can't drag it out anything beyond that... So my children and I will be "scrambling" a little bit.. and then Steve and I have also got a contract in on a house in Ohio - and again we convinced them for a long settlement (because of visa pending) they kindly agreed to mid February (and again I really don't think we will be able to drag that out) any further....

So here's hoping that all the folks who are under pressure data-entering all the information at both CSC, then the National Centre and then the Sydney Consulate... will all get into a new "swing" of things (especially with the extra staff) and once they start clearing the backlog that we will ALL start to see some action and speedier results coming through... My hope (fingers crossed) will be for a January (or February) interview... that way I can get my kiddos over there and at least into the School System to make friends etc, for a couple of months before the long summer break..

have a GREAT day folks..

Tracy

[TracyOz 0]

Hmmmmm interesting...

I found these comments on another forum site... regarding this issue... would LOVE to hear any VJ'ers thoughts...

any non-immigrant visa applicant - any non-immigrant visa applicant - needs to demonstrate that they can afford their visit to the USA. If they cannot afford the visit then they need someone who can afford to pay for their visit to sponsor them. Simple as that.

The confusion develops because K-visa applicants - unlike oh, say B-visa applicants - are usually quiting their jobs (abandoning their source of income) and planning to visit for more than a few weeks. They usually cannot afford to support themselves in the USA for as long as it takes to get employment authorization and find a job, or until they can adjust status and find a job. So most of them need a sponsor.

But not because a K visa requires sponsorship

but because they cannot afford to come and stay in the USA for an extended period of time without someone else to pay their living costs for them

and this one

If you can afford it then you don't need an affidavit of support, or any other financial information, from your "SO". You need documentation of your independently wealthy status. If your wealth is kept in a bank account then yes you need some bank statements showing that you have all this money.

interesting.. very interesting... or should I say further confusing... I KNOW that we definitely will have to do the I-864 during the AOS process after our marriage, but based on these comments if a K1 applicant can show financial stability then the I-134 might not be necessary. I think this is one that I might have to put to the USIC..

Have a GREAT day

Tracy

[Dakine 26]

Hmmmmm interesting...

I found these comments on another forum site... regarding this issue... would LOVE to hear any VJ'ers thoughts...

any non-immigrant visa applicant - any non-immigrant visa applicant - needs to demonstrate that they can afford their visit to the USA. If they cannot afford the visit then they need someone who can afford to pay for their visit to sponsor them. Simple as that.

The confusion develops because K-visa applicants - unlike oh, say B-visa applicants - are usually quiting their jobs (abandoning their source of income) and planning to visit for more than a few weeks. They usually cannot afford to support themselves in the USA for as long as it takes to get employment authorization and find a job, or until they can adjust status and find a job. So most of them need a sponsor.

But not because a K visa requires sponsorship

but because they cannot afford to come and stay in the USA for an extended period of time without someone else to pay their living costs for them

and this one

If you can afford it then you don't need an affidavit of support, or any other financial information, from your "SO". You need documentation of your independently wealthy status. If your wealth is kept in a bank account then yes you need some bank statements showing that you have all this money.

interesting.. very interesting... or should I say further confusing... I KNOW that we definitely will have to do the I-864 during the AOS process after our marriage, but based on these comments if a K1 applicant can show financial stability then the I-134 might not be necessary. I think this is one that I might have to put to the USIC..

Have a GREAT day

Tracy

Sure would like to see where this misinformation came from.

[pushbrk 13,636]

Hmmmmm interesting...

I found these comments on another forum site... regarding this issue... would LOVE to hear any VJ'ers thoughts...

any non-immigrant visa applicant - any non-immigrant visa applicant - needs to demonstrate that they can afford their visit to the USA. If they cannot afford the visit then they need someone who can afford to pay for their visit to sponsor them. Simple as that.

The confusion develops because K-visa applicants - unlike oh, say B-visa applicants - are usually quiting their jobs (abandoning their source of income) and planning to visit for more than a few weeks. They usually cannot afford to support themselves in the USA for as long as it takes to get employment authorization and find a job, or until they can adjust status and find a job. So most of them need a sponsor.

But not because a K visa requires sponsorship

but because they cannot afford to come and stay in the USA for an extended period of time without someone else to pay their living costs for them

and this one

If you can afford it then you don't need an affidavit of support, or any other financial information, from your "SO". You need documentation of your independently wealthy status. If your wealth is kept in a bank account then yes you need some bank statements showing that you have all this money.

interesting.. very interesting... or should I say further confusing... I KNOW that we definitely will have to do the I-864 during the AOS process after our marriage, but based on these comments if a K1 applicant can show financial stability then the I-134 might not be necessary. I think this is one that I might have to put to the USIC..

Have a GREAT day

Tracy

Sure would like to see where this misinformation came from.

It's not misinformation. The I-134 is not a required form, nor is it binding on the sponsor. The (K visa) intending immigrant simply needs to satisfy the Consular officer, they won't become a public charge. The most common way to do this is with an affidavit of support from a US sponsor. Even such an affidavit can be in another form than the I-134 but not in the form of an I-864.

This OP would still be wise, IMO to have an I-134. The pay stubs are optional. Three years of tax transcripts showing as six figure income will negate the need for pay stubs. Back that up with her own bank statements as insurance and no problem.

I suspect her own financials would be sufficient but an I-134 is pretty simple to deal with and worth the peace of mind.

[Dakine 26]

The (K visa) intending immigrant simply needs to satisfy the Consular officer, they won't become a public charge. The most common way to do this is with an affidavit of support from a US sponsor. Even such an affidavit can be in another form than the I-134 but not in the form of an I-864.

Heh pushbrk!

You recommend people trying that. Get REAL bro!

Stick with what works and is tryed and true!

Edited October 23, 2007 by Haole

[RosemarieL 0]

I have similar assets to you but I asked my fiance to fill out the I-134 too. I would hate to get to the interview with insufficient proof of not becoming a liability. I would rather have too much information than too little.

[TinTin and Samby 11]

The (K visa) intending immigrant simply needs to satisfy the Consular officer, they won't become a public charge. The most common way to do this is with an affidavit of support from a US sponsor. Even such an affidavit can be in another form than the I-134 but not in the form of an I-864.

Heh pushbrk!

You recommend people trying that. Get REAL bro!

Stick with what works and is tryed and true!

Now, Now...Haole....Selective editing is a bad thing.... Tsk, Tsk.. If you reread his message in full and you will see that pushbrk gave a set of facts and then his opinion of what he would do. The facts are what you chose to selectively highlight, his opinion on the best course of action was indeed to file the I-134, which is the part of his mesage that you selectively left out of your quote of him:

from pushbrk: "This OP would still be wise, IMO to have an I-134. The pay stubs are optional. Three years of tax transcripts showing as six figure income will negate the need for pay stubs. Back that up with her own bank statements as insurance and no problem.

I suspect her own financials would be sufficient but an I-134 is pretty simple to deal with and worth the peace of mind."

Edited October 23, 2007 by TinTin and Samby

[rebeccajo 14]

Haole -

The information came from someone well-regarded. And from someone who knows a bit more about immigration than many of us here, including you.

The OP would be well advised to search on the website for the Sydney consulate and read what they have to say about the affidavit in regards to the K1. I sense it is highly likely she could certainly submit her own affidavit.

Becca

Edited October 23, 2007 by rebeccajo

[Kass 0]

Yes, he still has to fill out and I-134. You can't sponsor yourself.

If you are saying that the fiance' (non American) cannot sponsor him/herself, this is not true. They most cetainly can self sponsor and are in the good if they make over the poverty guidelines for an individual.

2007 HHS Poverty Guidelines

Persons in Family or Household 48 Contiguous

States and D.C. Alaska Hawaii

1 $10,210 $12,770 $11,750

2 13,690 17,120 15,750

3 17,170 21,470 19,750

4 20,650 25,820 23,750

5 24,130 30,170 27,750

6 27,610 34,520 31,750

7 31,090 38,870 35,750

8 34,570 43,220 39,750

For each additional

person, add 3,480 4,350 4,000

Edited October 24, 2007 by Kass

[TinTin and Samby 11]

Yes, he still has to fill out and I-134. You can't sponsor yourself.

If you are saying that the fiance' (non American) cannot sponsor him/herself, this is not true. They most cetainly can self sponsor and are in the good if they make over the poverty guidelines for an individual.

2007 HHS Poverty Guidelines

Persons in Family or Household 48 Contiguous

States and D.C. Alaska Hawaii

1 $10,210 $12,770 $11,750

2 13,690 17,120 15,750

3 17,170 21,470 19,750

4 20,650 25,820 23,750

5 24,130 30,170 27,750

6 27,610 34,520 31,750

7 31,090 38,870 35,750

8 34,570 43,220 39,750

For each additional

person, add 3,480 4,350 4,000

A question for those with more experience than me in this area:

Regarding the OP's question about utilizing her own income to contribute to income requirements:

Since the OP is applying for a K visa, she is not using the I-864. However, one of the points in the I-864 instructions under what income can be used? is this point:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

Does anyone know if this restriction would apply for the K visa/I-134 as well?

If it does apply, then I would think the ability to clear this restrictive hurdle would be rare - possible example: a Multi National Company (MNC) that allowed their employee to transfer from another country to the USA, or something like that. Staying in the same position or field does not qualify. It has to be the same source ("employer").

Again, I am not saying this is the case. I am asking a question , whose answer may or may not have bearing on the OP's situation/question. Thanks.

Edited October 24, 2007 by TinTin and Samby

[TracyOz 0]

Thanks everyone for your input.. I think the best thing that I can do (is go with the belief that more is better) LOL... would HATE to not have enough information when I get to the interview stage. So will make sure that I have the i-134 with me, along with Steve's pay/tax information and stuff, and I will also have my own bankstatements along with a document that stipulates the amount of money that I have on hand. Between all of that - there shouldn't really be too many problems (and it covers all bases)..

But (as an FYI for everyone else) I have been doing some fairly thorough research into this in the past few days and truly the i-134 is not the "be all and the end all" at the initial K1 interview stage.. Simply because the k1 visa ONLY gives you the right to be in the USA for one purpose and one purpose only (which is to marry your USC within that 90 day timeframe) and if that marriage doesn't take place, or you don't file for an AOS you are supposed to leave the country ... you really just have to prove that in the 3 months that your visa is valid for that you will be supported and not a financial burden on the USGovt.

It is what is supplied at the followup interview (the AOS interview) that is important with the way more official (864) document of support that is mandatory.

However I also agree with above posters (which is why I am doing it too) that not only using my own (bank statements etc) that I will definitely be taking along the i-134 and supporting evidence from my USC-SO to that interview.

have a GREAT day everyone

Tracy