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jeyh

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  1. Like
    jeyh got a reaction from blaisesama in DV Case Numbers and Interviews?   
    congrats, good number.
    Unfortunately, I can't be exact about Algeria, but It seems your interview will be in May next year.
    http://www.travel.state.gov/visa/bulletin/bulletin_5900.html
  2. Like
    jeyh reacted to JimVaPhuong in Consulate Reviews in the Vietnam Portal   
    My wife's interview was in 2009, so it wouldn't be recent. Back then they didn't allow petitioners into the consulate, so I had to wait outside. The only thing I know about the interview is what my wife told me. We didn't write a review because her interview was apparently very brief - four questions, and the first was "Do you speak English?". The most time consuming part for her was when they went over her evidence that her two teenage kids were really hers. They took her into a separate room to go over that evidence. She was in the consulate most of the day, but she spent the bulk of that time just waiting for her name to be called.
    I have my own personal theories about why my wife's interview was easy compared to many others.
    1. She lucked out and got the "white American man" CO, who was regarded at the time as being a relatively easy CO.
    2. We addressed all of our red flags in the original petition package.
    3. Mr. Nam, the associate of the attorney Marc Ellis, prepared my wife's documents for the interview, and also helped my wife prepare for the interview. Mr. Nam's staff has a unique way of preparing and organizing the documents that I believe the consulate staff immediately recognizes. I believe this might help at the consulate because it might give the impression that the applicant is well prepared, but I have no solid evidence to back this up. Not everyone who hires Mr. Nam is successful.
    Things have changed since my wife interviewed in HCMC. Maybe someone with a more recent interview will chime in. I peek into this sub forum once or twice a week, but it seems like it's been kinda dead in here lately.
  3. Like
    jeyh reacted to jdba in Just Turkish   
    I'm not sure. You can try this site. www.usa-turk.com
    I was told it was like JV but I'm not sure what's all on it.
  4. Like
    jeyh reacted to sarah86 in please help from your exprience !!   
    if you happen to fall in love with someone else who happens to live in the States and want to get married, you definitely can file for another I129f. There are people who actually bring over their beneficiary, get married, end up divorced, and repeat the process with another guy/gal. You dont have to worry about this aspect. Will it come up at the interview, most likely. You just explain to them that you didnt trust your at the time fiance's feelings towards you and you didnt want to risk uprooting your life to whole new country depending on someone you cant even trust so you ended the relationship and asked for your fiance to cancel the petition. Heck, I think this might even help with proving that you really are in it for the right reasons on your next petition since you didnt mind withdrawing one for not feeling right etc. Anywho,no worried about this.
    didnt understand question # 2 much so im gonna pass that.
    3. obviously not if he/she treats you like #######. that is not love. You can test this out by asking them to withdraw the petition and if they jump at the oppurtunity without protest or try to convince otherwise, I think this relationship never even started the right way.
    GOOD LUCK!
  5. Like
    jeyh reacted to JimVaPhuong in Fiance wont LEAVE!!!!   
    Nope. The only "legally bound" document (not technically correct, but I understand what you mean) that contains anything resembling a binding contract is the I-134, which has repeatedly been struck down in court as unenforceable. The failure of the I-134 to stand up to legal scrutiny resulted in the US Congress amending the INA in 1996, adding section 213A which spelled out the requirements for a legally enforceable affidavit of support. INS (which is now USCIS) complied by providing the I-864 affidavit of support, and stopped using the I-134. Foreign consulates still use the I-134 because it's a convenient way to summarize the financial status of a sponsor, but they usually don't require an enforceable affidavit of support for a non-immigrant visa, which is what a K visa is.
    If your comment about going to the police was specifically about getting legal advice about whether or not to kick her out or change his locks then you should be more specific. You said "if things start going wrong", which at this point only involves her immigration status and her infidelity, which are not matters for the police. If he needs legal advice then he should consult a lawyer. Police don't generally enforce laws regarding tenant's rights, and might not be well trained to give advice in that area.
    There is no legal requirement that he allow her to live in his home. As I said before, unless he has taken some action that would allow her to claim to be a resident of the home - adding her to the lease or accepting rent money - then her status in his home is "guest". He can demand she leave anytime. You have every right to disagree with me (except for calling me "dirtbag"), but you should make sure what you're saying is correct, and be prepared to back it up with facts.
  6. Like
    jeyh reacted to NigeriaorBust in Education mistake on entry form   
    Don't worry until you win. It shouldn't be an issue as either is more than the required educational level
  7. Like
    jeyh reacted to JimVaPhuong in The I-­134(affidavit of support) is not a legally binding affidavit?   
    It's mentioned in the Foreign Affairs Manual, 9 FAM 40.41 N4.6-3:
    http://www.state.gov/documents/organization/86988.pdf


    Because INA 212(a)(4)(C ) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
    The US government tried to enforce the I-134 numerous times in court and failed. The contract portion of the form was badly written. Congress passed a law in 1996 that required an enforceable affidavit of support for immigration, and added section 213A to the INA. In response, INS produced the I-864. Consulates still use the I-134 for non-immigrant visas.
  8. Like
    jeyh reacted to JimVaPhuong in minimum income requirement   
    There is no statutory minimum requirement for the I-134. It doesn't meet the legal standards required by INA 213A like the I-864, so the same requirements don't apply. The I-134 is used when the consular officer has discretion. Department of State guidelines for the I-134 are that the minimum income should be 100% of the poverty guidelines, but consulates often only apply this standard with non-immigrant visas that specifically don't allow for immigrant intent. K visas are different. The alien will become an immigrant after arriving in the US and marrying the petitioner. Though consulates don't publish the standards they use in evaluating an I-134 for a K visa, there's enough anecdotal evidence from people who have been denied when their income was below 125% of the poverty guidelines. The consulate doesn't want to send someone to the US with a K visa, only to have them stuck in the US without a qualified sponsor for their AOS petition.
    The safest advice is to presume the consulate will apply the same income standards they would apply for an I-864. If your income is between 100% and 125% then you risk being denied under INA 213, at the discretion of the consular officer.
  9. Like
    jeyh reacted to JimVaPhuong in Are these enough to meet poverty guideline in I-134 ?   
    SSI is a means tested public benefit. It cannot be considered as income for an affidavit of support. Also, SSI has a strict asset limit of $2000 for eligibility. Those SSI benefits may be in jeopardy if Department of State decides to forward a copy of that I-134 to the Social Security Administration.
    Both DoS and DHS policy specifically allow for real estate equity to be considered as an asset for an affidavit of support, but neither agency requires the CO or IO to consider it. It used to be common for them to accept real estate as an asset because there was a presumption that the equity could be converted into a line of credit. Ever since the real estate crash they no longer make this assumption, and there is an increasing tendency for them to not consider real estate since equity lines of credit have all but disappeared, and getting any cash out of the house most often would require selling the home, which both DoS and DHS would consider an undue financial hardship.
  10. Like
    jeyh reacted to JimVaPhuong in Fiance wont LEAVE!!!!   
    Yes, absolutely! VAWA can be used regardless of how an alien entered the US. In fact, that was one of the main reasons for the immigration related clauses in the act. There were US citizens and LPR's who were apparently holding the lack of legal immigration status over their spouses head as a threat to keep them from reporting the abuse.
    However, whether they entered legally or not, they still have to actually be married to the abuser. You can't use VAWA to adjust status because your boyfriend or fiancee beat you up, even if they did it in the US.
  11. Like
    jeyh reacted to JimVaPhuong in Fiance wont LEAVE!!!!   
    skynaut, the I-134 is little more than a cover letter - an easy way to summarize the sponsor's financial situation for the consulate. What they want is evidence that the petitioner or a co-sponsor will be qualified and willing to sign an I-864 when it comes time for the alien to file for adjustment of status. Some consulates don't even require an I-134, but still require a copy of the petitioner's most recent tax return.
    It helps to understand that the US government's only concern is whether the alien will become a public charge. Everything related to the affidavit of support falls directly under the "public charge" section of the INA, and the policy manuals used by USCIS and the consulates. They don't give a hoot if the alien ends up homeless and begging for change on a freeway ramp - as long as the US taxpayers aren't supporting them. They also don't care if the US citizen petitioner is supporting them. Even the I-864 draws a line - the US government can sue the sponsor if the immigrant collects means tested benefits, but the immigrant has to sue the sponsor if they aren't being supported. The US government isn't going to force the sponsor to support the immigrant, or sue the sponsor for support on behalf of the immigrant. The I-864 requires the sponsor to support the immigrant, but lays the responsibility for enforcing the support obligation squarely on the shoulders of the immigrant.
    I haven't seen any case of the US government attempting to enforce an I-134 affidavit of support since Congress passed the Illegal Immigration Act of 1996. They aren't particularly worried about K1's who don't marry the petitioner after coming to the US. As a non-immigrant, the only means tested benefit they would be eligible for is emergency medical treatment.
    vietbride, VAWA can only be used if the applicant is the spouse of a US citizen or LPR, and was abused by their spouse inside the United States. There are a few relatively unusual exceptions to the requirement that the abuse took place in the US, such as if the US citizen/LPR spouse was employed by the US government or a US government contractor abroad. If you go to Saigon and marry a US consular officer, and that consular officer beats you up, then you might have a shot at a VAWA application. If you come to the US as a fiancee and don't get married then it won't matter if they beat you black and blue - you can't use VAWA to get a green card.
    You are also not entitled to any of their property until after you marry them, and then you are entitled only to a share of whatever property you BOTH acquire AFTER the marriage. Anything your spouse had before the marriage remains their own property.
  12. Like
    jeyh reacted to skynaut in Fiance wont LEAVE!!!!   
    So basically you are saying that this I-134 means nothing? And the oath that you sign at the end of the document means nothing? And you sign this legal document but it means ABSOLUTELY NOTHING and has no legal value??So what's the point signing it? Isn't it just a waste of paper? If you bear no responsibility signing it, so again what's the point signing it? it means you can just bring a person to the USA and then when you change your mind, you can just kick him/her out, make him/her starve and live in the streets and you bear NO RESPONSIBILITY, because you CHANGED your mind and this fact makes I-134 illegal??? I sincerely doubt that!!! And do not tell me about courts, coz every case is different and it depends on many circumstances! And because you are a USC, it doesn't mean you are always 100% right and other person who came on K1 visa is wrong and has no rights while in the USA!
    Oath or Affirmation ofSponsor
    I acknowledge that I have read "Sponsor andAlien Liability" on Page 2 of the instructions for this form, and am awareof my
    responsibilities as a sponsor under the SocialSecurity Act, as amended, and the Food Stamp Act, as amended.
    I certify under penalty of perjury under UnitedStates law that I know the contents of this affidavit signed by me and that thestatements are
    true and correct
  13. Like
    jeyh reacted to JimVaPhuong in Fiance wont LEAVE!!!!   
    You've not been paying attention. The I-134 is not a legally binding contract, it has repeatedly failed to hold up in court, and even DHS and DoS have confirmed that it's not legally binding. Nowhere in the contract does it state what the minimum requirements are for the sponsor, and the oath portion of the contract even makes reference to requirements contained in the instructions (a separate publication), which violates the basic premise that a contract must be self-contained; i.e., it can't impose obligations not specifically described in the contract. The I-134 was written by an INS bureaucrat and not an attorney.
    If you won't believe the people here, how about the Foreign Affairs Manual, used by consular officers who actually ACCEPT the I-134 affidavit:
    http://www.state.gov/documents/organization/86988.pdf
    9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support
    (CT:VISA-1317; 09-24-2009)
    a. Because INA 212(a)(4)(C ) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
    b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
    (1) The self-petitioning spouse of a deceased U.S. citizen, and any children of the self petitioner (see INA 204(a)(1)(A (ii));
    (2) The self-petitioning spouse of a U.S. citizen, who has been battered by or subjected to extreme cruelty perpetrated by the spouse, and any children of the self-petitioner (see INA 204(a)(1)(A)(iii) and (iv));
    (3) Returning resident aliens;
    (4) Diversity visa applicants; and
    (5) Fiancé(e)s.
  14. Like
    jeyh reacted to sunandmoon in I-134 Co-Sponsor---Liable for What exactly?   
    the I-134 is not legally binding, so there would be no effect to a co-sponsor. when you adjust your status, if your fiancial situation has not improved, you would need a co-sponsor for the I-864. that one IS legally binding.
  15. Like
    jeyh reacted to aussiewench in Help me make a case to my parents...   
    Here's a start
    9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A
    (CT:VISA-823; 07-14-2006)
    a. With the required use of Form I-864, Affidavit of Support Under Section
    213A of the Act, under INA 212(a)(4)© and INA 213A for so many
    classes of immigrants, the use of Form I-134, Affidavit of Support, has
    been reduced considerably. Nevertheless, there still are circumstances
    when Form I-134 will be beneficial. This affidavit, submitted by the
    applicant at your request, is not legally binding on the sponsor and should
    not be accorded the same weight as Form I-864. Form I-134 should be
    given consideration as one form of evidence, however, in conjunction with
    the other forms of evidence mentioned below.
    http://foia.state.gov/masterdocs/09fam/0940041N.pdf
  16. Like
    jeyh reacted to kitkat1 in Help me make a case to my parents...   
    While Form I-134 states that the promise to support is valid for 3 years, the courts have ruled that this "adminstrative" affidavit of support form is NOT legally binding (hence the legally binding I-864)
    You can also mention to them that lawyers refer to the I-134 as "nonbinding affidavit of support, INS form I-134"
    This non-binding nature should help reduce their concerns. Good Luck.
  17. Like
    jeyh reacted to I AM NOT THAT GUY in Tax return and I-134 for k1, please help   
    begins on page 14 - http://www.state.gov/documents/organization/86988.pdf
  18. Like
    jeyh reacted to melissa-n-alfredo in Limits of Liability for co-sponsor   
    The I-134 affidavit of support, which is the requirement for fiance visa, is a non-binding document. So no one will be held accountable for anything. However, when adjusting status after your marriage, an I-864 affidavit of support is required which IS BINDING.
    The USC petitioner CAN file and receive government assistance, if needed. However, the foreign beneficiay(ies) should not. If a visa holder applies and receives benefits, then both the visa holder and/or the government can legally sue the sponsor/co-sponsor for reimbursement. Furthermore, when the beneficiary APPLIES for any kind of assistance, they MUST include their sponsors income and assets on the application too. Which may cause the benefits to be completely denied to the beneficiary, anyways, for being over the income limit.
  19. Like
    jeyh reacted to I AM NOT THAT GUY in Tax return and I-134 for k1, please help   
    The I-134 is a non-binding USCIS form, and the DOS uses it purely for information purposes. The CO that interviews your fiancee has considerable discretion to determine whether or not your fiancee will become a public charge. The I-864 used for the AOS stage is an enforceable contract, however, so many CO's will use the guidelines for that form when evaluating the I-134, so be prepared to meet the higher minimum income requirements.
  20. Like
    jeyh reacted to JohnR! in There should be a VIP line for K1 processing   
    Not only I do not agree with you on this one, as I believe the K-1 process should be longer, more demanding and require far more scrutiny. You need not look much farther than this forum to find out countless reports of those who were scammed by foreign fiances/fiancees.
    The question I ask you in return is, how can you not envisage spending a few months away from the very person with whom you will swear to spend the rest of your life?
  21. Like
    jeyh reacted to Penny Lane in There should be a VIP line for K1 processing   
    No.
    Immigration should NEVER be a system where the people who can afford to pay more get better service.
  22. Like
    jeyh reacted to VanessaTony in what is considered a "means-tested public benefit"   
    Here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public scroll down to where it mentions Means tested benefits.
  23. Like
    jeyh reacted to Captain Ewok in I-134   
    Affadavit of Support
    Persons in the United States who desire to furnish sponsorship for an applicant in the form of an affidavit of support should use Form I-134, Affadavit of Support, available from the USCIS.
    Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.
    The sponsor's affidavit should include:
    Information regarding his or her annual income;
    Where material, information regarding his or her other resources;
    Obligations for the support of members of his or her own family and other persons, if any;
    Other obligations and expenses;
    Plans and arrangements made for the applicant's reception and support;
    An expression of willingness to deposit a bond, if necessary, with the Immigration and Naturalization Service to guarantee that the applicant will not become a public charge in the United States; and
    An acknowledgement that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended; that the affidavit will be binding upon to sponsor for three (3) years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).
    The sponsor should include in the affidavit a statement concerning his or her status in the United States. If the sponsor is an American citizen the affidavit should include a statement about how United States citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the United States for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Registration Receipt Card.
    To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:
    Notarized copies of his or her latest federal income tax return;
    A statement from his or her employer showing salary and the length and permanency of employment;
    A statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance;
    Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.
    If the sponsor is well established in business, he or she may submit a rating from a recognized business rating organization in lieu of the foregoing. If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. A sponsor may prefer to forward his or her affidavit of support directly to the consular office where the visa application will be made, in which event the contents will not be divulged to the applicant.
    Instructions for the I-134
    Execution of Affadavit
    A seperate affidavit must be submitted for each person. You, as the sponsor, must sign the affidavit in your full, true and correct name. You are signing this form under penalty of perjury under U.S. law.
    Supporting evidence
    The sponsor must submit, in duplicate, evidence of income and resources, as appropriate.
    A. Statement from an officer of the bank or other financial institution in which you have deposits giving the following details regarding your account:
    date account opened
    total amount deposited for the past year
    present balance
    B. Statement of your employer on business stationery, showing:
    date and nature of employment
    salary paid
    whether position is temporary or permanent
    C. If self-employed:
    copy of last income tax return filed, or
    report of commercial rating concern
    D. List containing serial numbers and denominations of bonds and name of record owner(s).
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