Living in China, can I sponsor my fiance on I-134?

[Klortho 0]

I think I have a big problem. I'm an American guy living with my fiance in Xiamen, China, and we've gotten most of the way through this K-1 process. She's just been informed that she has her interview on July 10th (two weeks away), and now we're scrambling to get everything ready. All of a sudden, I just discovered that "In order to sponsor an alien for legal permanent resident status in the U.S., the sponsor must be domiciled in the U.S.".

Arrgghhh! I honestly don't know how I've missed this little gem of information for so long! We've both been reading pages and pages of information, and never came across this before.

But wait, is it possible that this doesn't apply to us because it's a K1 visa, which, technically, is a non-immigrant visa? We're filling out the form I-134 Affidavit of Support (which also makes no mention of this requirement). Maybe this only applies for the I-864?

Right now, my fiance and I live together in China, and plan to move to the U.S. together in July, as soon as her visa is approved. We plan to live with my parents for a short time, and then move into an apartment together. If I have to prove a domicile in the U.S., I have:

- an account with Bank of America with my parent's address on it

- a valid Maryland driver's license with my parent's address

- a letter from my parents indicating that they intend to house us

Do you think this will be sufficient? If not, any suggestions?

Thanks!

[warpedbored 0]

It sounds like you may have enough to prove domocile but what about income? Living in China means it is unlikely that you are making enough money to show 125% of the poverty guidelines. Are your parents willing to be co-sponsors? If so you need to have them fill out an I-134 ASAP and have it notarized and sent back to you. If not you better have enough assets. Good luck

[Klortho 0]

Thanks, yes ... I already know about the co-sponsor issue, and my parents are graciously helping me with that, too. It's just this "domicile" issue that completely caught me off guard. I can also add these things to the list:

- a letter from my school saying that I'll graduate this month

- a letter from my landlady saying that we've told her we'll be moving out soon

I'm not quite as panic-stricken as I was at first. I guess we meet the requirements -- even though I've been in China for 3 years, it's always been my intention to move back.

[beejay 123]

I think I have a big problem. I'm an American guy living with my fiance in Xiamen, China, and we've gotten most of the way through this K-1 process. She's just been informed that she has her interview on July 10th (two weeks away), and now we're scrambling to get everything ready. All of a sudden, I just discovered that "In order to sponsor an alien for legal permanent resident status in the U.S., the sponsor must be domiciled in the U.S.".

Arrgghhh! I honestly don't know how I've missed this little gem of information for so long! We've both been reading pages and pages of information, and never came across this before.

But wait, is it possible that this doesn't apply to us because it's a K1 visa, which, technically, is a non-immigrant visa? We're filling out the form I-134 Affidavit of Support (which also makes no mention of this requirement). Maybe this only applies for the I-864?

Right now, my fiance and I live together in China, and plan to move to the U.S. together in July, as soon as her visa is approved. We plan to live with my parents for a short time, and then move into an apartment together. If I have to prove a domicile in the U.S., I have:

- an account with Bank of America with my parent's address on it

- a valid Maryland driver's license with my parent's address

- a letter from my parents indicating that they intend to house us

Do you think this will be sufficient? If not, any suggestions?

Thanks!

You will be ok! I sponsored my fiance, for a K1, while living overseas. It is not something to panic about.

The only point that I would bring up is that none of your overseas income will count towards the affidavit of support. I think it depends on the consulate whether they look at it I-134 at the fiance stage or not. Somebody with experience with China might be able to answer that better. In my case I filled out the I-134 (with the overseas income information) and had a relative living in the US fill out another I-134 as a co sponsor. They asked us who the co-sponsor was at the interview stage but that was about it.

That might not be necessary in your case but again I'm sure other people will be able to provide more specific information.

Good luck!

[KimandRuss 0]

Use your parents address.

You'll probably want to visit www.CandleforLove.com if you haven't already. It will help you be better prepared for GUZ.

Best of luck.

[pushbrk 12,824]

Thanks, yes ... I already know about the co-sponsor issue, and my parents are graciously helping me with that, too. It's just this "domicile" issue that completely caught me off guard. I can also add these things to the list:

- a letter from my school saying that I'll graduate this month

- a letter from my landlady saying that we've told her we'll be moving out soon

I'm not quite as panic-stricken as I was at first. I guess we meet the requirements -- even though I've been in China for 3 years, it's always been my intention to move back.

Those final two items won't help but you won't need them. You have the domicile issue covered with the bank account, driver license and an address. Since you have the co-sponsor issue covered too, no worries.

Technically, you have one co-sponsor though. Do have full supporting documentation for the co-sponsor's I-134.

[nabeshin216 0]

Wow. Our scenarios are almost completely the same. I'm also working here in China (Taiyuan) to be with my fiance. Just curious, when did you begin the whole process?

[Klortho 0]

Wow. Our scenarios are almost completely the same. I'm also working here in China (Taiyuan) to be with my fiance. Just curious, when did you begin the whole process?

Hey, thanks everybody for all the replies! It's really a big help.

nabeshin: We started the process last November -- I first had to get the court in Annapolis to send me my divorce certificate, then we filed the I-129F at the beginning of Jan. I've actually been pleased with how fast things have moved. (knock wood) I thought it would take a full year.

[beejay 123]

Thanks, yes ... I already know about the co-sponsor issue, and my parents are graciously helping me with that, too. It's just this "domicile" issue that completely caught me off guard. I can also add these things to the list:

- a letter from my school saying that I'll graduate this month

- a letter from my landlady saying that we've told her we'll be moving out soon

I'm not quite as panic-stricken as I was at first. I guess we meet the requirements -- even though I've been in China for 3 years, it's always been my intention to move back.

Those final two items won't help but you won't need them. You have the domicile issue covered with the bank account, driver license and an address. Since you have the co-sponsor issue covered too, no worries.

Technically, you have one co-sponsor though. Do have full supporting documentation for the co-sponsor's I-134.

Normally I'm with you pushbrk but I have to disagree and say that it is not required for him to show domicile in the US for the K1. It is perfectly acceptable for him to sponsor his fiance while living abroad. The only thing it negates is his current salary counting towards the affidavit of support hence his parents as the co-sponsor.

I only bring it up to save needless worry on the part of the OP.

[nabeshin216 0]

Wow. Our scenarios are almost completely the same. I'm also working here in China (Taiyuan) to be with my fiance. Just curious, when did you begin the whole process?

Hey, thanks everybody for all the replies! It's really a big help.

nabeshin: We started the process last November -- I first had to get the court in Annapolis to send me my divorce certificate, then we filed the I-129F at the beginning of Jan. I've actually been pleased with how fast things have moved. (knock wood) I thought it would take a full year.

Wow, January to July is a lot better than I've been hearing. I hope mine goes that fast.

[lostinblue 1,989]

Thanks, yes ... I already know about the co-sponsor issue, and my parents are graciously helping me with that, too. It's just this "domicile" issue that completely caught me off guard. I can also add these things to the list:

- a letter from my school saying that I'll graduate this month

- a letter from my landlady saying that we've told her we'll be moving out soon

I'm not quite as panic-stricken as I was at first. I guess we meet the requirements -- even though I've been in China for 3 years, it's always been my intention to move back.

Those final two items won't help but you won't need them. You have the domicile issue covered with the bank account, driver license and an address. Since you have the co-sponsor issue covered too, no worries.

Technically, you have one co-sponsor though. Do have full supporting documentation for the co-sponsor's I-134.

Normally I'm with you pushbrk but I have to disagree and say that it is not required for him to show domicile in the US for the K1. It is perfectly acceptable for him to sponsor his fiance while living abroad. The only thing it negates is his current salary counting towards the affidavit of support hence his parents as the co-sponsor.

I only bring it up to save needless worry on the part of the OP.

http://travel.state.gov/visa/immigrants/in....html#_Domicile

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No. The law requires that sponsors be domiciled (live) in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

[warpedbored 0]

There is a great deal of information about domicile in the FAQ at www.candleforlove.com The site is China specific and since the consulate in Guangzhou tends to do things differently than most consulates it is the best place on the net to get visa information as it pertains to China. You will need to register and provide a valid email address before you can view all the forums. It usuallly takes less than 24 hours to get approved. Good luck.

Edited June 28, 2008 by warpedbored

[pushbrk 12,824]

Thanks, yes ... I already know about the co-sponsor issue, and my parents are graciously helping me with that, too. It's just this "domicile" issue that completely caught me off guard. I can also add these things to the list:

- a letter from my school saying that I'll graduate this month

- a letter from my landlady saying that we've told her we'll be moving out soon

I'm not quite as panic-stricken as I was at first. I guess we meet the requirements -- even though I've been in China for 3 years, it's always been my intention to move back.

Those final two items won't help but you won't need them. You have the domicile issue covered with the bank account, driver license and an address. Since you have the co-sponsor issue covered too, no worries.

Technically, you have one co-sponsor though. Do have full supporting documentation for the co-sponsor's I-134.

Normally I'm with you pushbrk but I have to disagree and say that it is not required for him to show domicile in the US for the K1. It is perfectly acceptable for him to sponsor his fiance while living abroad. The only thing it negates is his current salary counting towards the affidavit of support hence his parents as the co-sponsor.

I only bring it up to save needless worry on the part of the OP.

He must show domicile in the US but need not worry because his bank accounts, parents address and driver license will be sufficient.