Affadavit of Support...

[Milenka 0]

Since I have so much time while waiting for our NOA2 (darn CSC) I am trying to organize all the documents for the interview. I have a list from the Moscow Embassy website. The biggest problem is this affadavit of support. On the site they say "Financial documents from the petitioner – a US citizen: please note, that Affidavit of Support (form I-134) is not required, but may be requested." I have a rather strange situation: I have lived abroad for almost 2 years now, working unofficially. I can't really file this I-134. I called the embassy and the woman who I spoke with, says I should just write a letter of explanation, just stating our situation, that we will be staying with relatives until we have work, etc. They will also be helping us, but it won't just be ONE specific person. So we don't have anyone to be a "co-sponsor" By the time we get to the interview we will have a large amount of money saved as well. Has anyone ever had any experience with a similar situation? I am a little nervous that is won't be enough. Any advice would be greatly appreciated. Thanks in advance. Milena.

[Satellite 1]

If the embassy requires the I-134, and Moscow does in most cases, you will need to do one even if your income is $0. But they will need a co-sponsor who does meet the requirements. Otherwise it's an uphill battle meeting the public charge requirement of the INA.

Edited March 18, 2007 by Satellite

[Milenka 0]

If the embassy requires the I-134, and Moscow does in most cases, you will need to do one even if your income is $0. But they will need a co-sponsor who does meet the requirements. Otherwise it's an uphill battle meeting the public charge requirement of the INA.

I don't understand the last part of this, we don't want him to be a "public charge", and that won't happen, it's just that there is not one person I know that can co sponsor him. We will have enough money saved to last 6 months, and will be applying for the EAD right away. We are selling his car as well, and staying with my family. I just want to know if anyone has had this situation, and if they can offer some advice. Our situation is different, since I haven't been living in the US for 2 years, and before that I was still in high school, and then was an exchange student in Russia...So, any advice? Thanks.

[Yodrak 7]

Milenka,

The law says that the visa applicant must demonstrate to the satisfaction of the consular officer that they will not become a public charge after entering the USA. If you have a job in the USA, document the job and the income it provides. If you have savings that will last 6 months document it. If you have family member who will support your fiance if need be then document their financial resources.

I-134 is not a requirement, its use is optional at the discretion of the consular officers. But the anecdotal evidence clearly demonstrates that, when a sponsor is required, an I-134 is almost always asked for. It provides a convenient and consistent format for a sponsor to identify their income and assets to the consular officer.

Yodrak

If the embassy requires the I-134, and Moscow does in most cases, you will need to do one even if your income is $0. But they will need a co-sponsor who does meet the requirements. Otherwise it's an uphill battle meeting the public charge requirement of the INA.

I don't understand the last part of this, we don't want him to be a "public charge", and that won't happen, it's just that there is not one person I know that can co sponsor him. We will have enough money saved to last 6 months, and will be applying for the EAD right away. We are selling his car as well, and staying with my family. I just want to know if anyone has had this situation, and if they can offer some advice. Our situation is different, since I haven't been living in the US for 2 years, and before that I was still in high school, and then was an exchange student in Russia...So, any advice? Thanks.

[Milenka 0]

Milenka,

The law says that the visa applicant must demonstrate to the satisfaction of the consular officer that they will not become a public charge after entering the USA. If you have a job in the USA, document the job and the income it provides. If you have savings that will last 6 months document it. If you have family member who will support your fiance if need be then document their financial resources.

I-134 is not a requirement, its use is optional at the discretion of the consular officers. But the anecdotal evidence clearly demonstrates that, when a sponsor is required, an I-134 is almost always asked for. It provides a convenient and consistent format for a sponsor to identify their income and assets to the consular officer.

Yodrak

If the embassy requires the I-134, and Moscow does in most cases, you will need to do one even if your income is $0. But they will need a co-sponsor who does meet the requirements. Otherwise it's an uphill battle meeting the public charge requirement of the INA.

I don't understand the last part of this, we don't want him to be a "public charge", and that won't happen, it's just that there is not one person I know that can co sponsor him. We will have enough money saved to last 6 months, and will be applying for the EAD right away. We are selling his car as well, and staying with my family. I just want to know if anyone has had this situation, and if they can offer some advice. Our situation is different, since I haven't been living in the US for 2 years, and before that I was still in high school, and then was an exchange student in Russia...So, any advice? Thanks.

OK, so then on the I-134 What do I put in the "relationship to sponsor" box, it's MY aunt, who will be my co-sponsor for my fiance? Thanks!

[Yodrak 7]

Milenka,

Your fiancee has a relationship to you, you have a relationship to your aunt. Concatenate.

Yodrak

OK, so then on the I-134 What do I put in the "relationship to sponsor" box, it's MY aunt, who will be my co-sponsor for my fiance? Thanks!

Edited March 20, 2007 by Yodrak

[pushbrk 12,824]

I can't really file this I-134.

You already have good advice here but I just wanted to address the above statement. You absolutely can and would be wise to complete and have notarized, an I-134. You can state your income as zero and your occupation as whatever. If you state income you cannot prove, they may want to see the tax returns you are required to file, even if no tax liability exists.

When co-sponsors are used, it is customary to require the petitioner to prove a co-sponsor is required. You prove this with your own I-134. This signed statement indicates you NEED a co-sponsor. Co-sponsors are not accepted unless they are needed.

[Yodrak 7]

pushbrk,

As a practical matter, it may be that some consulates expect or even require financial sponsorship information of the petitioner. I agree that it is prudent for the petitioner of a K-visa applicant to be prepared with their financial information.

Note, however, that for non-immigrant visas, including the K visas, there is no absolute requirement that there be a sponsor. And, when a sponsor is called for because the visa applicant does not have sufficient financial resources of their own (the usual case for K visas), there is no absolute requirement as to who should be the sponsor. The only requirements for sponsoring a non-immigrant visa applicant are that

- it must be someone who has sufficient financial resources, and

- it must be someone who can be trusted to provide the offered financial resources to the visa applicant.

Yodrak

I can't really file this I-134.

You already have good advice here but I just wanted to address the above statement. You absolutely can and would be wise to complete and have notarized, an I-134. You can state your income as zero and your occupation as whatever. If you state income you cannot prove, they may want to see the tax returns you are required to file, even if no tax liability exists.

When co-sponsors are used, it is customary to require the petitioner to prove a co-sponsor is required. You prove this with your own I-134. This signed statement indicates you NEED a co-sponsor. Co-sponsors are not accepted unless they are needed.

Edited March 20, 2007 by Yodrak

[Milenka 0]

Thanks for the advice so far everyone! I think that a decent co-sponsor, plus showing them my fiance's assets will help (even though I am the USC). When I called the consulate, they didn't say YOU NEED A SPONSOR and/or CO-SPONSOR for your fiance...I told her my situation (that I am a student, don't work, don't live in the US, don't files taxes etc.) She told me that I should just write a letter showing assets that he has, and they could decide from this. I am not sure if this has anything to do with that he is a guy, who has a good salary in Russia, or what...either way I am filling out the I-134 just to be safe, but I am not worried at all...

Edited March 20, 2007 by Milenka

[pushbrk 12,824]

pushbrk,

As a practical matter, it may be that some consulates expect or even require financial sponsorship information of the petitioner. I agree that it is prudent for the petitioner of a K-visa applicant to be prepared with their financial information.

Note, however, that for non-immigrant visas, including the K visas, there is no absolute requirement that there be a sponsor. And, when a sponsor is called for because the visa applicant does not have sufficient financial resources of their own (the usual case for K visas), there is no absolute requirement as to who should be the sponsor. The only requirements for sponsoring a non-immigrant visa applicant are that

- it must be someone who has sufficient financial resources, and

- it must be someone who can be trusted to provide the offered financial resources to the visa applicant.

Yodrak

I can't really file this I-134.

You already have good advice here but I just wanted to address the above statement. You absolutely can and would be wise to complete and have notarized, an I-134. You can state your income as zero and your occupation as whatever. If you state income you cannot prove, they may want to see the tax returns you are required to file, even if no tax liability exists.

When co-sponsors are used, it is customary to require the petitioner to prove a co-sponsor is required. You prove this with your own I-134. This signed statement indicates you NEED a co-sponsor. Co-sponsors are not accepted unless they are needed.

K visas are technically non-immigrant visas but are almost always treated as immigrant visas at interview because the immigrant intent is clear, by definition. I dare the IRS to audit me but when it comes to immigration, prudent caution and preparation rule me and the advice I give others. I'm not about to suggest somebody forego providing their SO with an I-134 when it is likely asked for at interview.

[Milenka 0]

Hi everyone. I already have the I-134 all figured out, but now I have a few qeuestions about some documents needed for the interview. On the Moscow embassy website, it says we need an original DHL airbill, do we need to just get this from a DHL office? Or do they send us one already filled out? Does it need to be pre-paid in some way before the interview? Just curious how that works...also does the police certificate need an apostil stamp? Does anything else? So far everything else for the interview I understand Thanks in advance. Milena.