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Filed: K-1 Visa Country: Taiwan
Timeline
Posted

I need information about the sponsor part of the K1 process. I've read the minimum income requirements. Unfortunately, I won't have regular employment for some time. What are the various ways to satisfy this requirement?

More importantly, I think I might have to use my parents to sponsor my fiancee. What are the legal ramifications if they agree to do this? What exactly would they be responsible for?

I've looked around the Internet for answers to these questions, but i can't find them. If you know where I can get some good (free) advice, I would really appreciate it. Thank you.

Posted (edited)

Your question is a complicated one, so let's unpack it a bit.

For the K-1 visa, the sponsor or sponsors complete form I-134, Affidavit of Support. The sponsor(s) must demonstrate an income at or above 125% of the poverty level for the appropriate family size, including the sponsor(s) and the immigrant(s) to be sponsored. In your case, your parents would have to demonstrate that their income meets or exceeds the poverty guidelines for at least four people—assuming you have no siblings or other relatives who also live with your parents. If the income doesn't cut it, assets that are convertible to cash within one year may be used to make up the difference, provided that their value is equal to 5 times the difference between the income and the appropriate poverty level.

BUT: You should know that the I-134, while its enforceability is questionable, is not the be-all and end-all of the question. Your fiancee will need real, concrete support when she gets here, not just signatures on a paper. She will not be able to work for at least a few months, and until then she needs a roof over her head, food, etc. If your parents aren't actually, really willing to provide for her very real needs, then they should not sign that paper.

Also: After you marry, you will need to file an I-864, the Affidavit of Support that must accompany the I-485. Your parents can sponsor again, but this affidavit is tougher and is legally enforceable. They are on the hook, so to speak, for ensuring that your fiancee (wife) does not become a public charge—so if your fiancee seeks certain means-tested public benefits, the government can sue her sponsor or sponsors to collect on those benefits.

The I-864 is in effect until the immigrant can be credited with 40 qualifying quarters of work, becomes a U.S. citizen, departs the country permanently, or dies. So it is no small obligation.

I'll play the part of Yodrak and ask if you've considered how you plan to support your fiancee with no steady job and no apparent plans to seek one.

Edited by pax

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

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all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Filed: K-1 Visa Country: Wales
Timeline
Posted

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: United Kingdom
Timeline
Posted
I've looked around the Internet for answers to these questions, but i can't find them.

3 essential FAQs about the affidavit of support:

http://travel.state.gov/visa/immigrants/info/info_1328.html

General Information & Frequently Asked Questions Affidavit of Support (Form I-864)

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

AFFIDAVIT OF SUPPORT, Form I-864

http://uscis.gov/graphics/howdoi/affsupp.htm

How Do I File an Affidavit of Support for a Relative?

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted

radiofoot,

Most people in your situation have a bigger problem than supporting an immigrant - they need someone to provide food, clothing and housing for themselves.

See if you can get whoever is supporting you to support your fiancee as well.

Yodrak

I need information about the sponsor part of the K1 process. I've read the minimum income requirements. Unfortunately, I won't have regular employment for some time. What are the various ways to satisfy this requirement?

More importantly, I think I might have to use my parents to sponsor my fiancee. What are the legal ramifications if they agree to do this? What exactly would they be responsible for?

I've looked around the Internet for answers to these questions, but i can't find them. If you know where I can get some good (free) advice, I would really appreciate it. Thank you.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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