I-134 issues please help

[jeY_ 12]

Hi there everyone. I know i have been asking this before. But here i am not trying to find some breath of fresh air.

We had our packet sent last june 2015 we got approved almost a month after. By september that same year, i went back to the Philippines to basically process my school papers for the Nclex in the US. I was suppose to go back in the US 2 months after but decided to stay more longer here in the Philippines. So by then I and my fiancè decided to just set aside the k1 petition and would start a new chapter and was planning to get married here in the Philippines before i head back to the US. But then lately we realized that we are just putting ourselves in misery once again if we will let the k1 petition slip away from our hands. So then we decided to proceed with it.

MAIN PROBLEM is I DO NOT have an ITR eversince. Because i have been staying here in the Philippines for many years already, I just returned back to the US last March 2015, and only stayed there for 6mos and went back here in the Philippines as I have said earlier. By that being all said, I also do not have an income, and bank accounts and assets.

SECOND PROBLEM is we do have a willing co sponsor. Which is my mom. However her income DOES NOT meet the poverty guidelines for a household of 4. Because I and my daughter is still under my mom's ITR. So if she'd include my fiancè and co sponsor him it would make a household of 4.

THIRD PROBLEM is our packet got approved last July 14 2015 valid until Nov 13, 2015. So i am worried if we could still proceed with it even after the validity date have past.

So yeah. My problems are Major major major. And a perfect recipe for a chaotic disaster. But we are really eager to proceed with the interview that will commence soon right after we pay the visa fee. We do not have anyone to be our co sponsor. I know everyone who'll read this will say that our petition/visa will be denied because of lacking documents and financial instability. But does anyone know someone who got approved despite of not having an income and an eligible co sponsor. Please do let me know. Thank you so much. I need comments suggestions and comforting words and encouragement. Thank you!

[Ash.1101 1,755]

Well, first you'll need to find a cosponsor that makes enough for their household + the fiance. That's a must just to start with.

With that said, I don't know of anyone who has been approved without an income AND having a cosponsor that doesn't make enough.

I didn't have any income at the time of my fiance's interview, I had my mom cosponsor, she made 7k over the minimum required and they still required a SECOND cosponsor, the CO said that he didn't feel comfortable with me not working, and that if we could get a second cosponsor to back up my mom's income he'd be good to go. Once we sent in the information for a second cosponsor, they approved his visa.


They will most likely deny, 99% chance. They'll ask you if you can possibly find someone, say yes and try your best. They gave my fiance a year from the date of his interview to find another cosponsor, they may do the same for you as well.


But no matter how you spin it, you either need to come back to the states and start working and make enough, or find a cosponsor who makes enough. Even after K1 you'll have AOS, and you or your cosponsor will have to make 125% of the poverty line. Even if you get married instead of doing K1, spousal visa will have the same financial requirements. This is the step that stops a lot of peoples journey's for a while and something that should be 100% planned for.

Remember, once K1 is done, there is still more to do after that. Plan for the full run, not just getting the K1 approved, because an approved K1 doesn't mean too much if you can't get an approved AOS.

Edited April 15, 2016 by Ash.1101

[Tahoma 2,291]

Lately, the U.S. Embassy Manila has not been asking K-1ers for their I-134, income tax return, and W-2. Therefore, I would proceed with the interview.

You may want to take with you to the interview a statement of why you were not required to file a tax return. Also, take your I-134, your mother's I-864 (even though her income doesn't qualify), and your mother's income tax return and W-2. If they ask you to submit those documents, you may be ok because they usually cut Pinoy petitioner's a lot of slack.

Good luck.

[jeY_ 12]

Lately, the U.S. Embassy Manila has not been asking K-1ers for their I-134, income tax return, and W-2. Therefore, I would proceed with the interview.

You may want to take with you to the interview a statement of why you were not required to file a tax return. Also, take your I-134, your mother's I-864 (even though her income doesn't qualify), and your mother's income tax return and W-2. If they ask you to submit those documents, you may be ok because they usually cut Pinoy petitioner's a lot of slack.

Good luck.

Thank you so much for the input sir! Now i have a bit of confidence to proceed.

One more thing is our packet was sent out at the lockbox last june2015 it got approve july2015. And it says on the noa 2 that it is valid up to nov13,2015. But we have not yet paid our visa fee. Could we still proceed with it sir?

[Tahoma 2,291]

Thank you so much for the input sir! Now i have a bit of confidence to proceed.

One more thing is our packet was sent out at the lockbox last june2015 it got approve july2015. And it says on the noa 2 that it is valid up to nov13,2015. But we have not yet paid our visa fee. Could we still proceed with it sir?

Yes, you can proceed. At the U.S. Embassy Manila, K-1 petitions are good to go for up to one year.

[hagoyz 2]

I'm sorry for what my answer will be, it just that my fiance got here at US last December and they did checked my I-134. And Philippine Embassy doesn't accept co-sponsor, that's why I'm still kind of worried if they gonna accept my I-134 since I just started earning more the same year. And if you read your NOA2, if you didn't comply within the range of validity they will consider it abandoned,correct me if I'm wrong. I never heard about k1 petitions are good up to a year. Remember embassies are all different. If you want to search for more info. read more about Phils. Embassy comments or suggestions.

[Tahoma 2,291]

1. The U.S. Embassy Manila accepts cosponsors on a case-to-case basis. I personally know two cases where this is true. There have been many other K-1 cases here on VJ where cosponsors were accepted at the U.S. Embassy Manila.

2. Even though the USCIS tells you that your petition is only valid for three months, the U.S. Embassy Manila routinely revalidates the petitions for up to one year.

3. The post above is the only K-1 case I have heard about lately where the U.S. Embassy Manila has requested an I-134. I wonder if there are more cases out there that are in the same boat.

[jeY_ 12]

1. The U.S. Embassy Manila accepts cosponsors on a case-to-case basis. I personally know two cases where this is true. There have been many other K-1 cases here on VJ where cosponsors were accepted at the U.S. Embassy Manila.

2. Even though the USCIS tells you that your petition is only valid for three months, the U.S. Embassy Manila routinely revalidates the petitions for up to one year.

3. The post above is the only K-1 case I have heard about lately where the U.S. Embassy Manila has requested an I-134. I wonder if there are more cases out there that are in the same boat.

hi Mr. Tahoma. thank you so much for your thoughts about my dilemma.

our interview at the USEM will commence soon enough, it is scheduled on the 12th of May.

My mom (who's very willing to be our cosponsor though her income is not that much) already sent me her docs which includes her 2015 ITR, 2015 1099, letter of her employment and her signed i-134. now sir, the problem is that my mom's income for year 2015 is only $23,000. so basically and technically it didn't reach the poverty guidelines for a household size of 4; which my Fiance is included on that household size. my mom also has a small deposit on her bank which is only amount to $1,400 (i know it is still not enough) but she did not send me her bank statements, because she said that it will take her a week or two before the bank releases the statement. so yeah point here sir is her income is not enough.

so i was thinking sir, if i could attach the paycheck i had before when i worked for a short period of time with my form i-134 (i worked for about 3weeks when i was in the US for 6mos last year sir, but it did not last long because my client went back to her home state which is in texas.) i have the copy of the check which amount to $2,675.00. i am planning to attach it sir, just to show them i am capable of working and earning. i also have a bank account in the US, however before i traveled back here in the Philippines i withdrew most of what i have deposited and only left $25 just to keep the account alive and open until i get back in the US. I am also planning to show them the certificate that i have open and account with wells fargo. would that be okay? (at least even if it is not a good idea and even if it does not address my problem of being low in the poverty guidelines)

i am so anxious and scared most especially that our interview is fast approaching. and i am really terrified if they'll deny us for this apparent reason sir. please do advise me of what to do more about my case.. thank you so much and i am looking forward to read your thoughts about this post of mine. thank you and God bless.

[Tahoma 2,291]

As I mentioned earlier, the U.S. Embassy, in most cases, seems not to be asking K-1ers for their I-134. If they don't ask you to submit your I-134, then you stand a very good chance of approval.

If the embassy asks you to submit your I-134, then you may have a problem. Your income is insufficient, and your paycheck stub is unlikely to help. Also, your mother's income does not qualify. By the way, your mother needs to fill out an I-864, not an I-134.

So, you may want to have a backup plan. You will want to attend the interview and emphasize factors other than your income. Here are some ideas that may help your case:

1. You and your fiancé are a Pinoy couple. The embassy usually cuts some slack for Pinoy couples. They know that it's common in Filipino culture for the parents to support their children.

2. You have a BSN. The embassy realizes that your fiancé won't become a public charge because you will be earning well in a short time. You are upwardly mobile.

Chinook and I know a Pinoy K-1 couple where the petitioner was a nursing student with no income. They were approved. Maybe it would help if you submited your BSN degree and your transcripts at the interview. Also, in addition to her I-864, your mother could write a letter attesting to the fact that she will support you.

I hope these ideas help you and I wish you the best of luck.

Edited April 27, 2016 by Tahoma