Form I-134 Affidavit of Support

[caiti92 23]

Hey guys, I have a question and was wondering if someone could help me out.

Currently, my fiance is here in the U.S. on a J1 work visa from Ireland. We have decided to wait to get married and apply for a K-1 visa after his J-1 expires mostly to stay on the safe side and not cause any issues regarding dual intent. We will be applying for the K-1 within the next few months, but I have a strange situation regarding the Affidavit of Support required for the K-1.

I am currently a full time college student and will most likely still be when the K-1 visa is processed. I am also a dependent of my mother's and currently live with her and only work part - time hours. My wage is not adequate for the Form I-134, so I was wondering if it would be a possibility for my mother to either sponsor or co-sponsor my fiance with me for the K-1 visa. I know this is probably a strange circumstance,but any feedback would be appreciated. Thanks!

[lost_at_sea 995]

Yes, it's fine for your mother to joint sponsor. That's pretty common, actually. You'll be the primary sponsor (i.e. petitioner), then your mum'll do an I-134 for the financial bit. Your mum couldn't be the petitioner, because she's not the one who's gonna marry him.

Also, when you come to do the Adjustment of Status, you'll do the I-864 (a more strict financial form) and your mother can be the co-sponsor then, too.

The only requirements for joint-sponsors are that they be over 18, USC and actually living in the US.

Edited August 24, 2013 by lost_at_sea

[KayDeeCee 4,893]

What issues of dual intent? If your J1 has no 2 year residency requirement, then I do not see why you cannot marry in the US and file for AOS without ever needing to file for a K-1.

[caiti92 23]

Thanks for the quick response lost_at_sea!

@Jay_Kay, we certainly could just get married now and I'm sure the dual intent wouldn't be an issue, as I've read that many people married on their J-1. But we just want to be sure and air on the side of caution. Also, he is very close to his family and would like them to be able to attend our wedding. His visa expires in 6 months, and that isn't enough time for them to save for the flights. Plus he'd like to spend some time with them and tell them when our wedding date is in person rather than over skype. If we marry now, it could be some time before he is able to visit them again. I know it's more of a hassle, but we have the funds and don't mind the extra effort if it means everyone is happy and things are done the way we'd like. So we have our reasons. Haha.

Edited August 24, 2013 by caiti92

[KayDeeCee 4,893]

Ohhh, I can certainly understand wanting to go home for a bit before getting married and moving to a foreign country permanently. Good luck to you two!

[caiti92 23]

Thanks!

Also, I have another quick question. Should I submit and I-134 along with my mother's or will hers alone suffice? Thanks in advance!

[KayDeeCee 4,893]

You each need to provide an I-134 and supporting documentation. The only consulate I know of where that is not the case, is London.