biggish data

Birth certificate of foreign fiance

The birth certificate of the USC is required to proove US citizenship. The beneficiary birth certificate is not required at the petition stage with Service Center. IF they require one they will ask for it via an RFE (Request Further Evidence). The beneficiary birth certificate is required with the DS-156 Application for a visa at interview stage.

However it does no harm to include it as it MAY be beneficial with security name checks in as far as showing your identity and MAY assist in a 'False Hit' situation.

aussiewench

Female

Australia

2006-02-21 00:23:00

General K1 Guides and Info

USCIS Interoffice memo which will help in seeing how an adjudicator will view your file re IMBRA issues and by doing so give some guidance as to what one should submit to support waivers.

Re: International Marriage Broker Regulation Act Implementation Guidance
http://www.uscis.gov/graphics/lawsregs/handbook/IMBRA072106.pdf

Edited by aussiewench, 15 September 2006 - 03:31 PM.

aussiewench

Female

Australia

2006-08-09 17:14:00

* No gaps or overlaps on timeframes for residences and employment questions for past x amount of years on the G-325A

eg
October 2005 to Present
December 2004 to October 2005
March 2004 to December 2004
June 2003 to March 2004
and so on...

(Going through this list before I mail out tomorrow!)

Sorry to kind of be asking a question in this thread, but it's just to clarify a point already made, so I hope no one minds...
To clarify-- the way you showed as an example, aussiewench, is the CORRECT way? To me, that looks like it IS overlapping (as October is listed twice) so I'm just slightly confused, and want to be sure I have it right on the paper (Mine looks like you wrote it there)

Let me ask you this. Do residences and employment begin on the 1st of every month and end the last day of a month? This is why the pattern is as above eg employment ends on 15 October 2005, new employment begins 20 October, 2005 which would seem to look like an overlap when only using month and year but it is not.

aussiewench

Female

Australia

2006-08-16 01:27:00

Hey I have an awesome website that helped me and my fiance out it is ***removed***
gives you step by step instructions and also gives you the forms too! I hpe this will help You all out byeeeeee

sincerly,
a fiancee in waiting caa_girl

VJ contains the exact same forms and example forms on how to complete them as well as numerous FAQ.

aussiewench

Female

Australia

2006-08-03 18:03:00

FOR IMBRA RFE's please go to the forum for IMBRA http://www.visajourney.com/forums/index.php?showforum=126

aussiewench

Female

Australia

2006-07-19 05:13:00

however it seems that USCIS now requires this form along with your I-129-F. This needs to be updated on the main page then if that is the case.

No, the guides do not have to be updated to reflect this as the RFE only applies to those that filed with the old form. The new I-129F that has been available for a while now covers the questions within it.

aussiewench

Female

Australia

2006-07-19 04:49:00

We got a RFE because my fiance didn't send in enough proof of our meeting - he had to send in more evidence! It's not enough just to fill out the form and say 'we met on X date' - you have to provide photos too And then he got another RFE because they needed more financial information from him. Combined the two held us up for three months which seemed like an eternity but wasn't really a big deal.
what do you mean you had to send in financial information for the first step. I thought the financial part was for the interview and then later when change of status

That is correct it is not required for the initial filing of the petition. I think Kajikit was referring to another part of the process when mentioning the financial information and that the combined RFE's they received cost them 3 months.

For the first 2 years of the 5 years (employment) in question, my fiance worked abroad in Spain. It is difficult to obtain record of work as the company went into liquidation. Would it be possible therefore to just state "Unemployed" for those 2 years?

Cheers
Sacha

All that needs to be put is the company name etc and the timeframe of employment. It doesn't matter that the company is now non existent. I would be honest on the form.

aussiewench

Female

Australia

2006-04-25 23:07:00

hi lady and gentleman
I can not have a checking account, so my Mom gave me a check of 170 in her name to pay for BCIS. Is that ok it is not my check?

Try posting this in the main K-1 forum in a seperate thread. That way you will get the response you are after. This is a thread for RFE's and you may not get an answer.

aussiewench

Female

Australia

2006-04-08 19:00:00

Not at all. I was asking basically if you sent any record of purchase of the ticket. Also did you print anything out showing the itinerary. Just trying to offer up some suggestions.

Hi Lorelle,

both my ticket and my fiances ticket where purchased via internet...and what do you mean with the itinerary? I flew from frankfurt, germany to New York and then to Baltimore....my fiance flew from Baltimore to Island and then to Frankfurt, Germany

Do you think that was a problem because it was purchased via internet??

Rachel and Nina

Off the top of my head....how did you purchase the tickets? And what of any itinerary?

All the best to you both.

Lorelle

aussiewench

Female

Australia

2006-03-11 16:45:00

Rachel and Nina

Off the top of my head....how did you purchase the tickets? And what of any itinerary?

All the best to you both.

Lorelle

aussiewench

Female

Australia

2006-03-11 16:33:00

So if there is a period of unemployment for either the Citizen, or the spouse, or an overlap of employment for either the Citizen or a spouse, how do you handle that?
As per the G-325A form 'Applicants employment last five years (if NONE, so state)

One would put NONE 'UNEMPLOYED' within that timeframe just as one would if they were employed.
An overlap of employment dates in which respect?? A full time and a casual job??

Oh man, we are so going to confuse people with our display names

The overlap is pretty much just that. Specfically, one summer I worked full time as a housekeeper at a hotel while working weekends at an office supply store. Brian's currently working two jobs and has had similar situations in the past. Such is the life of former college students, really

If that was me I would put the main job and then perhaps a reference to an attachment and on the attachment put the second part time job.
Its just that there has been RFE's for overlaps and gaps in timeframes, so IMO best to include an attachment as opposed to overlapping on the form.
Perhaps someone else has a better solution.

aussiewench

Female

Australia

2006-03-07 04:34:00

* No gaps or overlaps on timeframes for residences and employment questions for past x amount of years on the G-325A

So if there is a period of unemployment for either the Citizen, or the spouse, or an overlap of employment for either the Citizen or a spouse, how do you handle that?

As per the G-325A form 'Applicants employment last five years (if NONE, so state)

One would put NONE 'UNEMPLOYED' within that timeframe just as one would if they were employed.
An overlap of employment dates in which respect?? A full time and a casual job??

aussiewench

Female

Australia

2006-03-07 03:11:00

Tips
* Look at evidence of having met within the required 2 year period from the view of a third person. In other words 'I know it to be fact but will the adjudicator know from the evidence I have submitted'. Concentrate on providing strong overall evidence to support the fact, as opposed to an abundance of relationship evidence. Distinguish between the two.

* No gaps or overlaps on timeframes for residences and employment questions for past x amount of years on the G-325A

eg
October 2005 to Present
December 2004 to October 2005
March 2004 to December 2004
June 2003 to March 2004
and so on...

aussiewench

Female

Australia

2006-03-07 00:51:00

Oh no. I sent only the "short form" of my birth certificate. Our state does have a long form option but it takes 6 weeks to obtain. And I didn't send copies of my passport pages.

Is it possible to make an addendum to an I-129F that's waiting for review. I already received NOA1 with case number. I wonder if I can "pre-empt" the RFE by sending my passport copies?

Thanks,

3AD

You will more then likely get an RFE. Just wait for it before sending anything in.

aussiewench

Female

Australia

2006-03-07 00:38:00

Letter of Intent to Marry

Hi Everyone,

I just mailed off my forms and things via express mail to my fiance in the US, for the K-1 application, and then had another look at the step-by-step guide for the letter of intent to marry. It says we need to provide 'Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example)'.

I basically just copied the example letter and added in my name and so forth in the right spaces. But when it says 'original statements', does that mean I ought to have actually written something from scratch in my own words, and only using the example letter as a general guide?

Thanks in advance for any advice!

(F)

Riss

Edited by riss, 11 January 2012 - 11:23 AM.

riss

Female

Australia

2012-01-11 11:22:00

K1 packet presentation?

Thanks so much for the advice, that helps a lot! (F)

Riss

riss

Female

Australia

2012-02-10 01:43:00

K1 packet presentation?

Hi Everyone,

Just wondering if anyone can tell me what sort of presentation you used for your K1 application? My fiance and I have fiiiinally gotten all our documents together and it's just about ready to go off in the mail. I'm wondering whether to just throw all the papers in an envelope, bulldog-clipped together, or do you use some kind of folder to keep them all together, or what might be the best way to do it?

Thanks in advance for any ideas/advice.

Riss

riss

Female

Australia

2012-02-09 05:43:00

Thanks for the advice and thoughts, you guys. Funny timing for this thread to get revived. i'm overseas visiting family and originally I'd meant to go back to the US, but on the day that all your responses came in, I had just finally given in and booked a flight directly back to Australia. My fiance had spoken to two different immigration lawyers, supposedly top ones - both of whom had recommended me not trying to re-enter the US as an engaged person. Then based on the responses I'd had here, it didn't sound too hopeful either. I searched through every single thread I could find, here and anywhere else, on this topic, but in the end I just couldn't feel confident enough based on the range of information/opinions that I was able to find. When I saw all the positive experiences that some of you shared here a couple of days ago, especially with circumstances similar to mine, they gave me hope, and I began to wish I could change things around again. But I had just paid for a non-refundable ticket back to Australia, and in the end I think it'd be too much upheaval to everyone involved, if I tried to re-arrange all my plans again. :huh:

I called Qantas too to ask what would happen with my ticket if I was denied entry. They said that the rules of my ticket would not allow last-minute date changes and I would be required to purchase a new one at the exorbitant last-minute price. That was their take on it, anyway. There seems to be a whole range of opinions as to who pays for a return flight after a denial of entry - I've heard the whole gamut, I probably should have called US border security for an official answer but I didn't get round to it in the end.

I've been kind of sad about it all, as it's really not good timing right now for us to be apart and my fiance could really have done with my support/presence right now. But I've been recovering from an illness lately and I'm not in a very robust physical state - and I felt that if I was denied entry, the strain of the whole interrogation thing followed by two back-to-back 24 hour flights could be a bit much right at this time, probably not such a good risk to take. So I guess I'm just going to accept how things are and work on developing my capacity for patience. We've got all our documents just about ready to send in for the K-1 visa, so I'm just hoping we can make it through the next 8 months or so without too much hardship. It seems like a special skill of its own, learning how to manage and tend to a relationship via long-distance, when the only things you really have to express yourself with are video conversations and emails. I guess all you long-term members who made it through the wait, would know all about that, and would have gotten pretty good at it over the duration.

Anyway, thanks for listening and for all the input, everybody.

(F)

Riss

riss

Female

Australia

2012-02-13 02:32:00

hi payxibka, yeah, i can certainly understand that situation. just wish there was something that would make it a bit easier, like for example the way they have pre-clearance at some airports. sadly none that i could use though.

Edited by riss, 10 January 2012 - 04:25 AM.

riss

Female

Australia

2012-01-10 04:24:00

Thank you everybody for all the thoughts and advice!

It seems such a ridiculous arrangement, that they can't assess people and decide whether to allow them in or not at some earlier stage, and save everybody a lot of energy and costs and grief... Oh well!

At this stage I'm thinking I will probably give it a go. In a couple of months' time I'll have been away three months and that should make it less likely to be a problem going back in on the VWP. Hopefully I'll have organized the K-1 application so that I have my NOA to show. I figured, in addition to having my council rates notice for the house, I can also bring papers showing my medical insurance policy in Australia, plus I can show the travel insurance policy that I'll have taken out which will end on the day that I intend to leave the US. Seems to me like I'd have a reasonable chance. I read somewhere that 1 in every 800 or so travelers from Australia are denied entry to the US. I don't like the sound of that much! But it's not such bad odds.

(F)

Riss

riss

Female

Australia

2012-01-04 04:34:00

Does anyone else have any personal experience/hearsay they could share?

Thanks for the encouragement, Canadian Wife.

I'm sort of leaning towards giving it a go. Still just would like to know how it all works and what sort of cost is involved if you have to go back home at short notice. If only Australia wasn't so far away!

riss

Female

Australia

2011-12-26 04:25:00

Hi Canadian Wife, Andy & Sue - thanks for the responses.

Canadian Wife, I also had been under the definite impression that the return flight was paid for by the passenger. But I googled 'denial of entry' to try and find out what the procedure was for dealing with the person afterwards, and I came across a few posts in other sites where people said that the airlines is responsible for returning the person back. The reasoning was that it's somehow considered the airlines' responsibility not to carry someone to another country in the first place, if that person doesn't have the appropriate qualifications for entry. I have actually heard something that comes in line with that, once. My parents were going overseas a few years ago and the official at check-in didn't think their visas were adequate. He said that if they got refused and sent back, his office would be fined for allowing them on the flight.

I figured I'd ask the question here because after doing what research I could on the internet, I haven't come across any formal/official information about this. Just opinions, from what I can tell, but all by people who seem confident about what they're saying, yet which contradict each other. I guess I could try calling immigration to ask.

The account I read of the man who was handcuffed etc. was on another immigration forum similar to this one. He was also on the visa waiver program, like myself, but he was from the UK, and had recently become engaged. He told the truth but couldn't show enough ties. He said he was quite traumatised by the way he was treated. Apparently they transferred him to a county jail because there wasn't anywhere else to hold him, and he was in a cell with a bunch of convicted criminals, all his personal belongings including his ring and so forth were taken from him and only returned an hour before the flight, and he was only allowed two very short phone calls to his fiancee. I just wondered if that was a normal thing to happen! It seems a bit odd to me, if you hadn't committed a crime and you weren't resisting being returned home, why they'd even need to hold you anywhere. And if you have to pay for the flight back yourself, how do you make the arrangements and try to change your ticket or find a flight that isn't ridiculously expensive, if you're stuck in a cell and not allowed to use a telephone or the internet? I want to visit so very much, but I really want to know what I could be letting myself in for - the worst-case scenario I guess.

I'm concerned about whether my 'strong ties' would be considered adequate. I don't have a job, and I will have been overseas travelling for half a year, by the time I try to re-enter the US (if I do). It would be clear to the officials that I don't *need* to be in Australia since I've been able to stay away all this time. I have joint ownership of a home, with my ex-boyfriend, and I could show things like bank accounts, and maybe bills with joint names of myself and ex-boyfriend once again. I don't really have much else. My parents live in Australia, I could show evidence of that. But it seems to me like the most compelling evidence of ties would be a letter of employment or enrollment in a course of study, neither of which I have. I had a long read through the 'yes, you can visit' thread on this site, it was promising to hear of all the people who have been admitted without problems, but it's certainly no sure thing and I worry about what would happen if things went wrong. Trying to learn as much as I can to see if that might help me decide what to do.

Anyway, thanks for reading all this, to everyone who does!

(F)

Riss

riss

Female

Australia

2011-12-23 10:01:00

Hi there everyone.

My fiance and I got engaged recently while I was on a 3-month visit to the US on the VWP. We're now planning to apply for a K-1 visa, and I had hoped to visit him again soon, until I learned of the possibility that I could be refused entry at the POE. I read some very disturbing stories of people being intimidated, having their emails read, etc., and even one person who said he was taken off in handcuffs to a county jail cell overnight since the next available flight was the following day. I dearly want to visit my fiance again as it sounds like it could be many months before we have our K-1 visa - but I'm uncertain about what sort of risk I'm taking if there's a possibility of being 'sent home'.

Does anyone know exactly what happens, with a refusal of entry?

Specifically: Who pays for the return ticket? I read in some places that you pay for it yourself, and others said that the airlines that brought you in is responsible for taking you back at their own expense. Now, if it's you who has to pay for the return ticket, can you use the ticket you already have, and somehow get the date changed? (difficult to do last-minute I imagine) If I had to buy a last minute ticket back to Australia it would cost $3500 (!!!)

Secondly, is it normal for someone denied entry to be placed in detention, and does this really involve being locked in a cell or taken to a regular prison???

Thanks in advance for any insights/advice! It's so good to have a place to read about and share experiences with others who understand the joys and hardships of this journey.

(F)

Riss

riss

Female

Australia

2011-12-23 06:23:00

Hey Cary, thanks again for your reply. I really appreciate how much depth you go into!

I don't think L ever sent any employment letter or ITRs. Funny... We just filled in all the forms that we were supposed to for Packet 1, and I don't remember being asked for more evidence of his employment. I think the i-129f form asked for all the places he'd lived and his employment history for the past 10 years, so he filled that all in. That's about all the info we provided regarding his work.

Maybe what I should do is post again and ask for advice on co-sponsorship next time. Anyway, thanks a heap Cary, I feel like you've given me a good swag of info to get started with. I will update my timeline, too. For some reason they never sent us the emailed NOA1, L just received the letter in the post. So I have to nag him again to find that letter - he can't remember where he put it! - and give me the dates and our case number!

Best wishes to you and your wife. I hope that AOS approval comes through soon!

Riss

Edited by riss, 29 May 2012 - 03:06 AM.

riss

Female

Australia

2012-05-29 03:02:00

Thank you Cary, that makes it sound less daunting!

I hope you don't mind me asking you a couple more questions... I'm a bit confused about L's income not being checked until the interview stage. Don't we need to supply that information in the I-134? And doesn't that need to get sent in to the embassy to process before they'll schedule an interview for me?

L's income was more than double the poverty level, which was why I assumed we would be fine on that matter. I guess I'm wondering, what if he gets a new job and it is only 125% of the poverty level, would his lack of savings and so forth put us in any danger of not being able to show enough financial resources? I ask this also because I have some physical disabilities that have made it difficult for me to work over the last ten years. In a post I made about this some months ago here, various people advised me that my health wouldn't prevent me obtaining a visa, but there might need to be extra proof of my fiancé's ability to support me if it was deemed that I could not work. The issue may or may not come up in my medical checkup as I have never had any clear diagnosis for my problems, just chronic pain that nobody ever was able to fix or explain. If I'm not in the middle of an obvious flare-up at the medical checkup then it probably won't be considered much of an issue as there's only vague records in my medical history and I've never been medicated or given any special treatment for it.

Cary do you happen to know if there's a webpage where I can find more detailed information about all these things, about using a co-sponsor and when and how to notify USCIS of that, and so on? I've seen the I-864 form but it wasn't clear to me from all the instructions that I've read, when you would include that.

Thanks again for all the information you've given me.

It's all swirling around in my head! It'll come together eventually I'm sure.

Edited by riss, 24 May 2012 - 04:13 AM.

riss

Female

Australia

2012-05-24 04:13:00

Ok, here's my second try, lol! Hi everyone! And I hope you're all doing well with your respective journeys.

I'm writing in the hopes that someone can advise me on what to do next. My fiancé and I received our NOA1 three months ago and I've been back in Australia starting to feel hopeful about the way the months are steadily passing. But then last week my fiance lost his job. :huh:

What do we do now? I hope he'll have another job soon, but should we wait until he does before notifying the department of immigration? Would we run into trouble if they contact his old workplace to confirm the information on our original application forms, and find he's no longer there?

I'm also wondering, if he doesn't find a job soon, is it possible for me to have someone else be a co-sponsor to allow us to satisfy the visa application requirements?

My other question is about the income/asset requirements in general. My fiance doesn't have much in the way of savings, but his job was paying pretty well so I figured that would surely be enough to prove that he could support me. Now if he gets another job but it doesn't pay as well, I'm wondering what we would need to do to show that we had adequate financial resources between us. I haven't worked for many years and don't have an income. I'm confused because I had the general impression from the forms that the main condition you need to fulfill is an income of equal to or more than 125% of the poverty level. But does that automatically satisfy the financial requirements? Why does the I-134 also want to know how much money my fiance has in the bank, the value of his home and assets and so on? What is actually needed to indicate an 'adequate' financial situation?

I'd be very grateful for any advice.

(F)

Riss

Edited by riss, 23 May 2012 - 02:53 AM.

riss

Female

Australia

2012-05-23 02:51:00

oops. i think i need to rewrite this, i'll be back!

Edited by riss, 23 May 2012 - 02:28 AM.

riss

Female

Australia

2012-05-23 02:22:00

Thanks again, Jay-Kay. I actually got a response from Dave too. It helped being able to get a bit more of an idea how the process works. Apparently they were able to just get the new sponsor's I-134 by email and forward that to the consulate, and then they were fine. Makes it all sound a bit more reasonable than I had been imagining it could be.

riss

Female

Australia

2012-07-02 03:27:00

Jay-Kay, thanks so much for going and doing a search on my behalf! I've been searching and searching myself but I hadn't come across that one. Dave&Shannon said they'd be happy to answer questions from anyone who wanted to know more so I sent them a PM to find out what happened after they were told to use a family member instead of a friend to co-sponsor. From their timeline it doesn't seem that they had to do a second interview.

Do you know what happens if they don't like something, e.g. if they aren't happy with the I-134s from my fiancé and co-sponsor? Would I be asked to go away and come up with something better at a later date? Or could they deny the whole application and make us start from scratch?

riss

Female

Australia

2012-06-28 05:23:00

Hey Mogambi, thanks for your reply. I was actually hoping you could point me to some of the threads you're talking about, as I've been trying to find some experiences from other people who've been through this process, and I can't seem to find much. Even if it's just experiences from people who've been denied, at least it could give me some idea of what works and what doesn't - what the consular officers are looking for and whether I can show that or not. I'm at the point where I feel like I'll have to contact a lawyer to find out where I stand - not something I really wanted to do with my current state of finances and my fiancé out of work! But I just don't want to get all this paperwork and stuff organised and sent in and then told something's not good enough and we have to go back to the drawing board. :unsure:

riss

Female

Australia

2012-06-28 03:01:00

Okay, I found the form 1040 now. The thing is, his latest tax forms would show his income from last year, when he was still employed. How would this form 1040 come into play now if he is an independent contractor as of this month? (Sorry to pick your brains like this Jay-Kay, I hope you don't mind! :blush:

)

riss

Female

Australia

2012-06-28 01:07:00

1040? Sorry for my ignorance - is that a tax return form?

We can easily have one of his friends provide an I-134 and they would be fine on the income level. But how likely is it that I would be approved, using a friend as a sponsor? I can't seem to find anything in my googling and posting travels, to give me an idea whether this is generally satisfactory, or whether it puts us at risk of a denial. I just wish I had a bit more to go on. L is talking about just taking any old job, as long as it pays the 125% income requirement, in order to be able to meet the sponsorship requirements - but that wouldn't be a good situation since he needs to earn more than a basic wage to pay the mortgage and other commitments.

riss

Female

Australia

2012-06-28 00:44:00

Thanks very much for all your replies.

Mogambi, I would have used a family member but my fiancé doesn't have anyone suitable - friends are the best we've got. Where have you been hearing about these denials of affidavits of support? I really want to hear more about who gets denied and who gets approved and what the circumstances were. In the VisaJourneys guide it gives the impression that most people get through even when the US fiancé didn't have adequate income - it said that there are some cases where people were denied such as where the US fiancé was disabled and had *never* earned an income and was never likely to. I found that promising but it's not really enough to go on - I wish I could hear from some people who had actually done this and what the result was.

Cami, I have heard of a lot of people relying on their parents as sponsors. It seems like a common thing to do and given that you are a student and are almost certainly going to earn a more than adequate income once your studies are over, I would expect you would fare alright. I just don't know how we can verify these things though! General impressions are helpful but not enough to rest on - the last thing any of us wants is to be delayed or have to go back to the drawing board for a new plan.

Jay-Kay, thanks again, I don't suppose you have any ideas as to what we'd do with sending evidence/info for freelance work that my fiancé is doing? He's just received a 3-week freelance contract. I know it doesn't show a regular annual income but I figure it'll help if we can send the paystubs from that and maybe a letter from the person he's doing the work for.

Best wishes as always, to everyone!

(F)

Riss

Edited by riss, 28 June 2012 - 12:07 AM.

riss

Female

Australia

2012-06-28 00:04:00

Hi everybody, I'd love to hear from other people who have used or are currently using a sponsor other than their own fiancé. I'm just wondering how reliable it is and would really appreciate any tips on what might work best! My fiancé is in between jobs and can't show an adequate income at this stage. So we're thinking of asking one of his close friends to fill in the I-134 and if necessary to also co-sponsor later on with the I-864.

Thanks in advance for any ideas and comments!

(F)

Riss

riss

Female

Australia

2012-06-27 05:42:00

Co-sponsor? And I-134

Hi Keji247, glad to have a friend along doing the same thing! I'm sorry I don't know much to share with you yet but perhaps we can keep each other posted if/when either of us does find out more? I wish you luck in your application process too.

Jay-Kay, thanks for your advice, I didn't think of checking the Australian forum but that'd make sense. I must find out whether I can do self-sponsoring, thank you for that tip.

(F)

Riss

riss

Female

Australia

2012-06-14 18:08:00

Co-sponsor? And I-134

hope it's okay for me to 'bump' this. :blush:

still hoping someone can share some experience/knowledge!

riss

Female

Australia

2012-06-12 19:21:00

Co-sponsor? And I-134

Hi everyone. I'm just wondering if anyone's had experience needing a co-sponsor at an early stage of the K-1 application, and how you went about it. My fiancé was made redundant last month, 3 months after we had sent in our packet 1 and received the NOA1. I'm expecting we'll get the NOA2 within the next couple of months or so and I'm not sure what to do when we fill in the I-134. He'll have to put down that he has no yearly income and no job. His assets are not particularly great, I think he might have about $50,000 equity in his home, not much in savings or other items of value. As far as I can tell, that wouldn't suffice to show that he could support me, for the purposes of the I-134, would it? So I'm wondering what we can do if he doesn't find a new job by the time we receive the NOA2. Has anyone had a co-sponsor (or alternative sponsor) at this stage? And how do you go about it, do you just have the other person fill in an I-134 and send it in with the packet 2 papers? I've read in some places that in some cases the foreign fiancee's assets may be considered, I'm wondering if anyone has had experience with that too, and how you went about submitting that information.

Thanks so much, in advance, for any advice!

Riss.

p.s. Just thought I'd mention, my fiance had already earned above the required yearly amount by the time he was made redundant, so I've read that sometimes that can help satisfy the requirements for income level - but there's nowhere on the I-134 that we could include this information. So not quite sure how that works!

Edited by riss, 10 June 2012 - 06:20 AM.

riss

Female

Australia

2012-06-10 06:16:00

I-134 Assets - 5 times or 3 times the shortfall?

Thanks Aws, that was my original thinking too and it seems most logical. I was confused when the lawyer advised us not to use the co-sponsor, because everyone here seems to be of the opinion that the more back-up you have the better. I figured a lawyer would know the system better than I would. But then I have had such different responses from people here, who have been through the process themselves and seen many others go through it. Maybe I should just go with the co-sponsor after all.

If you aren't sure, you should use the co-sponsor just in case. It will not affect your case any differently and in fact may help you. And also let me say that they don't care what the past income was as much as they care to see what CURRENT income is. So the fact that he EARNED (past earnings) more than the yearly requirement will not get him by, as they want to see that he can continue the same earnings into the future when you are here.

riss

Female

Australia

2012-09-30 05:49:00

I-134 Assets - 5 times or 3 times the shortfall?

Thanks Anh Map. I was wondering exactly that, about the primary residence.

We had a one-off session with a lawyer ($660!) and ran our financial situation by her - my fiancé was laid off from his permanent job five months ago, and has since had $8000 of income (before tax) from freelance work. The lawyer thought we should just show his recent earnings together with his I-134 and not use a co-sponsor, as she said she thought we'd get through alright (he'd already earned more than the yearly requirement from his salary this year prior to being laid off). She felt that adding a co-sponsor's I-134 for 'good measure' might just make us get scrutinised more closely, as in, 'why do these people feel the need to cover themselves so much?' Thing is, that was a couple of months ago and L hasn't had any more freelance work, that would help indicate an on-going income.

I have $20,000 in a bank account and I can show part-ownership (with my ex) in a house, of which my share would be around $80K. I plan to provide that evidence when I send off the packet with L's I-134. I'm sort of hoping that's going to really help show that we can afford to support ourselves. But what do you guys think, should I give up the lawyer's advice and just use the co-sponsor up front? I'm guessing she earns around $30K a year, and she has a two-person household. It should meet the requirements with a small margin to spare. Not really sure what to do at this point. My plan was to try this on our own steam, with our co-sponsor ready to go if we're told our finances aren't adequate. Now that I realise L's house wouldn't necessarily carry us over the line, I'm re-thinking. I'd really love to hear other opinions and thoughts on this.

Riss

Edited by riss, 28 September 2012 - 03:06 AM.

riss

Female

Australia

2012-09-28 03:05:00