Conflicting info on the I-134

[Delilah'sMan 0]

c. The simple submission of Form I-134, Affidavit of Support, however, is

not sufficient to establish that the beneficiary is not likely to become a

public charge.

There is no co or joint sponsors with a K visa, period, regardless of the consulate. The I-134 is not like the I-864 where there is a provision for a joint sponsor. If an I-134 is requested by the consulate to assist the conoff to determine if the applicant will or wont become a public charge, only a sponsor is used. The most logical is the USC fiance/spouse, but if they do not meet the poverty guidelines a close family member or friend can be used.

When I emailed the US embassy in Sydney, they told me that I could have a co-sponsor, and could use funds if that co-sponsor fell a little short. I'm totally confused at the moment!

[Delilah'sMan 0]

I'm assuming that the first quote is just in reference to the fact that you need to show pay stubs, tax receipts, letter from employer etc? The 2nd quote is the most confusing, and I'm sure that it's wrong.

[rebeccajo 14]

No it's not wrong at all. There really is no 'co-sponsorship' with the I134. There is only a sponsor.

If you're looking to prove that to yourself, read the instructions for the I134 and see if there is a reference anywhere to joint sponsorship when using the form.

Edited March 12, 2008 by rebeccajo

[Delilah'sMan 0]

No it's not wrong at all. There really is no 'co-sponsorship' with the I134. There is only a sponsor.

So, if my fiancee isn't working, I'm screwed? I thought I could get two I-134's filled out, one for my USC fiancee, and one for a co-sponsor?

[rebeccajo 14]

No it's not wrong at all. There really is no 'co-sponsorship' with the I134. There is only a sponsor.

So, if my fiancee isn't working, I'm screwed? I thought I could get two I-134's filled out, one for my USC fiancee, and one for a co-sponsor?

No you're not screwed!!

Terminology is everything in understanding the process.

Your fiancee is your petitioner.

You are the visa applicant.

Visa applicants require a financial sponsor for visa issuance.

The petitioner does not have to be the sponsor.

[Delilah'sMan 0]

This is from an email I received from the embassy in Sydney.

If she earns USD17,500.00 she would qualify to sponsor you. If she does not qualify under employment, then we would base it on assets. e.g. for a family of 2, (you and your fiancé) we would need to see 17,500 x 3 = USD52,500. If you do not qualify in assets, then you would require a joint sponsor. The joint sponsor must be a US citizen residing in the United States.

Edited March 12, 2008 by Delilah'sMan

[Delilah'sMan 0]

No it's not wrong at all. There really is no 'co-sponsorship' with the I134. There is only a sponsor.

So, if my fiancee isn't working, I'm screwed? I thought I could get two I-134's filled out, one for my USC fiancee, and one for a co-sponsor?

No you're not screwed!!

Terminology is everything in understanding the process.

Your fiancee is your petitioner.

You are the visa applicant.

Visa applicants require a financial sponsor for visa issuance.

The petitioner does not have to be the sponsor.

She'll still need to fill out the form though, right? I've read so many different things, a lot of people mentioning co-sponsors, even the people at the embassy, so it's easy to become puzzled.

P.S. How will the embassy know which one is the sponsor? Do I write the title on the form or something?

Edited March 12, 2008 by Delilah'sMan

[mareli 0]

I thought I understood what was needed for the I-134 but now I'm totally confused!

So, "There is no co or joint sponsors with a K visa, period, regardless of the consulate" but "The petitioner does not have to be the sponsor?"

I thought that "Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the newsgroup, as long as the co-sponsor has adequate income/assets" & "The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation."

My co-sponsor and I have been gathering supporting documents in preparation for our I-134s so I'd like to know if it would be wrong for both of us to send in I-134s.

[rebeccajo 14]

Ok, I'm sorry I had to bow out of this earlier but I was at work and duty called.

Allright...you have to have a sponsor to get a visa. But consulates handle this differently. Some don't require the I134 at all (Kiev, Ciudad Juaraz, and others I am sure).

If you've read the instructions to the I134 (as I suggested above) you've already discovered there's no language in it about 'joint sponsorship'. You will find such specific language in the I864 (the document needed later for adjustment of status). You'll also find in the I864 that the spouse is always the sponsor, and other parties are referred to as 'joint sponsor'.

Why is this all so confusing and seemingly indiscriminate? Because the I134 itself is not legally binding. Because it isn't, there's no 'set in stone' guidance from the State Department about how to interpret it. As we've seen above, some consulates don't even use it. Each consulate is completely free to set whatever standard it sees fit to define 'adequate income' and what proofs or other markers it wants to see to verify the income. About the only guidance I have ever seen State give to the consulates is that 100% of the poverty guideline is the mark they should look for IF they are using I134. Some consulates follow this rule; some do not.

Here's a handy linky that explains the differences in the I134 and the I864. You might want to read the entire document, but for your immediate discussion Paragraphs 1 and 2 are most relevant, especially the bit where it is explained how the I134 never had any basis in statute.

http://digital.library.unt.edu/govdocs/crs.../meta-crs-461:1

At any rate - if your fiance/fiancees income is not adequate to hit the mark, you'll find yourself looking for what some on VJ call a 'co-sponsor'. Depending on your consulates practices, that MIGHT mean your fiance/fiancee will need to complete an I134 (even if their income is insufficient) and another party with sufficient income will need to complete a second affidavit, with both affidavits being presented at the interview. Some consulates will only want ONE affidavit from a person with sufficient means (London operates this way).

Wooh. That's a lot.

I'm really not trying to confuse you all, but educate you. The short answer is this - you need to research what is appropriate for your consulate. Not only for this question, but for the other extant ones. Like what 'proof' along with the affidavit does the consulate expect? Pay stubs? Letters? Tax returns? (IE by way of example, most consulates - if they want to see tax returns at all - only require the most recent tax year - New Delhi wants the last three years).

Edited March 13, 2008 by rebeccajo

[Delilah'sMan 0]

Thanks once again. I think I've got the hang of it now, and I emailed my local embassy about it.

[rebeccajo 14]

Very good. Best of luck to you!

[mareli 0]

Thank you very much for all of the advice! It was helpful to look at the what the specific consulate needed. Sorry I kind of stepped into your conversation here but I really appreciate the help.