Affidavit of Support: JUST graduating college!

[belize 0]

Hi, I am just graduating college in June and then flying down to Belize to be with my husband until I start my full-time job in August.

Considering I have been a student for the past 3 years, I have not had a full-time job [some part-time, in cash though and all my other work was volunteer]. Now that I have secured a job for August, I am afraid of waiting for "pay stubs" before I can submit the affadavit, as it will hold up the process, right? How much time must pass in between each pay stub?

Since I have unusual circumstances, having been a student all this time, is it acceptable for me to just submit a letter from the person who will be my boss in August, stating my position, or do I really need to start the job and then wait in agony for those pay stubs? The tax returns and stuff are all being taken care of by my parents, as they are pulling them up for me to submit....we have already been "apart" for 6 months, so this is important to us. thanks!

**Please do not respond suggesting I get a co-sponsor...this is not a possibility for me, nor would I ask anyone to do that for me.

[germangel 0]

since you don't want me to say you need a co-sponsor, I cannot give you any answer at all. Because there is no way around it unless you have banging assets.

Sorry!!!

[sweetee 0]

since you don't want me to say you need a co-sponsor, I cannot give you any answer at all. Because there is no way around it unless you have banging assets.

Sorry!!!

That's exactly right. Without a co-sponsor, u may as well know that your husband will be denied a visa. That advice is as clear as clear can get. Anyway, just ask your parents to be your co-sponsor. Sorry, but I had to add my 2 cents worth.

Sweetee

[belize 0]

since you don't want me to say you need a co-sponsor, I cannot give you any answer at all. Because there is no way around it unless you have banging assets.

Sorry!!!

That's exactly right. Without a co-sponsor, u may as well know that your husband will be denied a visa. That advice is as clear as clear can get. Anyway, just ask your parents to be your co-sponsor. Sorry, but I had to add my 2 cents worth.

Sweetee

My parents won't be my co-sponsors, otherwise that would be great [it's just not an option]; my close friends are broke. The other side of my family are racists--if you want to get personal [this is why i made the disclaimer a/b not giving co-sponsor advice]. I did not ask whether or not they would give him a visa--there is no reason for them not to, as i have a job secured for August. So let me ask my question again, will I have to wait until I have 2-3 pay stubs from my job in order to proceed with filling out the affadavit of support? This is several months in the future, mind you, considering we are only at our NOA-1 so far in this journey [thus, my job starts in just 2 months]...does this make a bit more sense? the question is not whether my husband will get a visa, it is when...is a simple letter from my employer sufficient along with my special student circumstances or must I wait until I've been working for a couple months?

[Elena 0]

My parents won't be my co-sponsors, otherwise that would be great [it's just not an option]; my close friends are broke. The other side of my family are racists--if you want to get personal [this is why i made the disclaimer a/b not giving co-sponsor advice]. I did not ask whether or not they would give him a visa--there is no reason for them not to, as i have a job secured for August. So let me ask my question again, will I have to wait until I have 2-3 pay stubs from my job in order to proceed with filling out the affadavit of support? This is several months in the future, mind you, considering we are only at our NOA-1 so far in this journey [thus, my job starts in just 2 months]...does this make a bit more sense? the question is not whether my husband will get a visa, it is when...is a simple letter from my employer sufficient along with my special student circumstances or must I wait until I've been working for a couple months?

You've still got a while to go if you're only at the NOA1 stage. You don't need the affadavit of support until your husband has an interview date. The affadavit of support (and all supporting documents) are things that he takes with him to the interview. I'm sure that by the time his interview is scheduled, you will have pay stubs by then. Some people don't even have pay stubs because they have direct deposit. I've read in other posts that pay stubs are just one form of supporting evidence and not absolutely necessary. Maybe others can confirm or deny that. I assume you'll be using the I-134. If you read the instructions under "Supporting Evidence," it doesn't even mention pay stubs at all. I have a similar situation as yours. I've been a student for a long time too and most of my friends are poor. Family members don't approve of my relationship either so a co-sponsor was not an option. I just recently got a job. In fact, I started working last week and I haven't even gotten paid yet. My husband's interview is on Tuesday and I have no pay stubs to send him. All I have is a letter of employment, so we'll see how it goes.

[belize 0]

Thanks for your informative response Elena...I guess you totally know what I am going through, though lucky for me at least 3/4 of the family approves [his 1/2 and 1/4 of my half]...anyhow, good luck with the interview! Please let me know what happens and i hope just having a letter from your employer is enough! Keeping my fingers crossed for you...

[phirephly 0]

Hi, I am just graduating college in June and then flying down to Belize to be with my husband until I start my full-time job in August.

Considering I have been a student for the past 3 years, I have not had a full-time job [some part-time, in cash though and all my other work was volunteer]. Now that I have secured a job for August, I am afraid of waiting for "pay stubs" before I can submit the affadavit, as it will hold up the process, right? How much time must pass in between each pay stub?

Since I have unusual circumstances, having been a student all this time, is it acceptable for me to just submit a letter from the person who will be my boss in August, stating my position, or do I really need to start the job and then wait in agony for those pay stubs? The tax returns and stuff are all being taken care of by my parents, as they are pulling them up for me to submit....we have already been "apart" for 6 months, so this is important to us. thanks!

**Please do not respond suggesting I get a co-sponsor...this is not a possibility for me, nor would I ask anyone to do that for me.

I think we're getting things mixed up here in the posts... It looks like we're assuming that Belize requires a I-134 for a K3. You've checked that this is the case, right? It's different at different embassies. So we have one of each, the I-864 for your CR-1/IR-1 and the I-134 for your K3.

Judging by my own timeline in the same service center as you, we might guess that your petitions will be NOA2 in the beginning of July. Then maybe another month and a half before you need the I-864 in the IR-1/CR-1 process at the NVC putting that at about mid August. If these numbers come up to be anywhere near accurate (as if we can predict immigration ), then you may just barely be able to use your job if you don't sign the AoS until the very last minute, or even hold onto it for a week or so (the other track in the NVC will take longer anyways). This is the one that wants the pay stub or the letter from your employer. The paystub is supposed to be within a month of signing the AoS, so it would have to be recent anyways (read the NVC generated instructions that are linked in aussie's NVC thread in my sig). I think you could request the letter from your employer about the same time. So you might be able to squeak by with the requirements there, as long as you can show sufficient income and assets (current income and assets, not future) and you time your signature right. It sounds like you should read the forms so you have a more clear understanding what exactly is expected of you.

The K3 interview (when you need the I-134) might be 3-4 months (completely depending on your embassy) after the NOA2, which would put it at about October/November. This one just requires duplicate letters from your employer and bank. So you may be ok with these too. Again, check out the forms.

I doubt that the NVC or embassy will consider your circumstances as "unusual". There are two cases: 1) you can support the immigrant you are sponsoring 2) you cannot . This affadavit is a sworn statement saying that you fall into the first case: that you can support the immigrant that you are sponsoring. They don't want "circumstances" they don't want "reasons"... they want to see the numbers... "Show me the money", if you will. Your August job may be some help, but I'm guessing that it may raise an eyebrow or two with the people that have to look at it and see that you're promising to support someone for the next few years and all you have to show for it is a job that you will have had for (at most) a couple of months. This seems pretty risky to me, and remember that if you don't want to have a co-sponsor for your I-864, you'll need to show that your 2005 income (and assets if you need) is 125% of poverty - despite college. This may be an uphill battle, and you may want to take the particulars of your finances (which of course you don't want to post on the internet) to a lawyer when the time comes to see how much trouble you might expect - or if there's a way to make it look better (legally, of course). Hopefully this helps a bit... but remember, these are their rules... what we want isn't very relevant to them. ttyl,

mich (saving my "poor college student cop out speech" )

[Yodrak 7]

belize,

You need to be able to document your employment status and income to the satisfaction of the consular officer who is processing your husband's visa application. That does not necessarily require pay stubs.

Only the consular officer in question can give you a definitive answer to your question, and only after they have reviewed the information that you do submit. If they feel they need more, they'll ask for more.

Yodrak

Hi, I am just graduating college in June and then flying down to Belize to be with my husband until I start my full-time job in August.

Considering I have been a student for the past 3 years, I have not had a full-time job [some part-time, in cash though and all my other work was volunteer]. Now that I have secured a job for August, I am afraid of waiting for "pay stubs" before I can submit the affadavit, as it will hold up the process, right? How much time must pass in between each pay stub?

Since I have unusual circumstances, having been a student all this time, is it acceptable for me to just submit a letter from the person who will be my boss in August, stating my position, or do I really need to start the job and then wait in agony for those pay stubs? The tax returns and stuff are all being taken care of by my parents, as they are pulling them up for me to submit....we have already been "apart" for 6 months, so this is important to us. thanks!

**Please do not respond suggesting I get a co-sponsor...this is not a possibility for me, nor would I ask anyone to do that for me.

[meauxna 15]

since you don't want me to say you need a co-sponsor, I cannot give you any answer at all. Because there is no way around it unless you have banging assets.

Sorry!!!

That's exactly right. Without a co-sponsor, u may as well know that your husband will be denied a visa. That advice is as clear as clear can get. Anyway, just ask your parents to be your co-sponsor. Sorry, but I had to add my 2 cents worth.

Sweetee

Sweetee, that is a very strong statement that may not be true.

Affidavits of Support are adjudicated with the most weight on *current income*. If the OP is earning sufficient income at her new job, the CO must take that into account. They must also take into account *why* the petitioner's income was insufficient before---being in college is a very good reason.

belize, you can search this group: http://britishexpats.com/forum/forumdisplay.php?f=35 for posts from Folinskyinla, an immigration attorney who posts there. He has cited this example many times; college students are not barred from being successful sponsors just because they've been in school instead of generateing income.

Also, because of the contract nature of your work, and employment contract could be a very valuable piece of evidence for your I-134. Read Yodrak's reply carefully, and don't overly rely on the general guide information posted at visajourney.

[Yodrak 7]

mich,

It's a good assumption. If belize is going to have to submit an affidavit of support for her husband's K3 visa application, and she probably will, it will be I-134.

Name me a consulate that requires I-864, and will not accept I-134, for a K visa.

Yodrak

... It looks like we're assuming that Belize requires a I-134 for a K3. You've checked that this is the case, right? It's different at different embassies. So we have one of each, the I-864 for your CR-1/IR-1 and the I-134 for your K3.

....

mich

[phirephly 0]

I don't disagree with you that it's a good *assumption*, but from the sound of her post, she hasn't even read the forms yet and she's already asking questions. You never know when you're going to be an exception without a little due diligence... for example, I'm one of the few that has the fun of sending parts I and II of the DS-230 for the CR-1. I did also check to make sure what was required for our K3 (yes, it was an I-134 your assumption would have been right.). I can't name an embassy that matches your description (especially since I don't follow them all), but according to our very own VJ K3 guide (emphasis added in quote),

I-134 / I-864 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require one or the other forms. You will need to verify with the consulate which they require. You can call or email the consulate to check ahead of time. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Attempt to start collecting the required information ahead of time, as it can often take several weeks to collect it all.

The I-134 is a pretty safe bet, but I don't want to encourage people that are already not reading directions to start assuming things. Extending just a little bit of what I said earlier, these are their rules, and it's our job to follow them, right? All I told her was to check what the rules were so that she makes sure that she's following them. She should already have the Belize embassy website bookmarked, so she can just take a look. ttyl,

mich

mich,

It's a good assumption. If belize is going to have to submit an affidavit of support for her husband's K3 visa application, and she probably will, it will be I-134.

Name me a consulate that requires I-864, and will not accept I-134, for a K visa.

Yodrak

... It looks like we're assuming that Belize requires a I-134 for a K3. You've checked that this is the case, right? It's different at different embassies. So we have one of each, the I-864 for your CR-1/IR-1 and the I-134 for your K3.

....

mich

[meauxna 15]

I don't disagree with you that it's a good *assumption*, but from the sound of her post, she hasn't even read the forms yet and she's already asking questions. You never know when you're going to be an exception without a little due diligence... for example, I'm one of the few that has the fun of sending parts I and II of the DS-230 for the CR-1. I did also check to make sure what was required for our K3 (yes, it was an I-134 your assumption would have been right.). I can't name an embassy that matches your description (especially since I don't follow them all), but according to our very own VJ K3 guide (emphasis added in quote),

I-134 / I-864 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require one or the other forms. You will need to verify with the consulate which they require. You can call or email the consulate to check ahead of time. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Attempt to start collecting the required information ahead of time, as it can often take several weeks to collect it all.

The I-134 is a pretty safe bet, but I don't want to encourage people that are already not reading directions to start assuming things. Extending just a little bit of what I said earlier, these are their rules, and it's our job to follow them, right? All I told her was to check what the rules were so that she makes sure that she's following them. She should already have the Belize embassy website bookmarked, so she can just take a look. ttyl,

mich

mich,

It's a good assumption. If belize is going to have to submit an affidavit of support for her husband's K3 visa application, and she probably will, it will be I-134.

Name me a consulate that requires I-864, and will not accept I-134, for a K visa.

Yodrak

... It looks like we're assuming that Belize requires a I-134 for a K3. You've checked that this is the case, right? It's different at different embassies. So we have one of each, the I-864 for your CR-1/IR-1 and the I-134 for your K3.

....

mich

I thought we fixed that in the Guide. It was certainly discussed. There is no Consuate yet to be found that requires I-864 for a k visa. Because that would be against the law?

[phirephly 0]

I thought we fixed that in the Guide. It was certainly discussed. There is no Consuate yet to be found that requires I-864 for a k visa. Because that would be against the law?

Nope, still there I also see that the FC-029 is also still listed as being required in the I-129f packet for a K3, even though this is apparently no longer the case. I was told that was going to be fixed as well

Your final comment intrigues me... why would one AoS be illegal while the other is not? They're both agreements between the USC and the US government. Very curious about that ttyl,

mich

[aussiewench 9]

Your final comment intrigues me... why would one AoS be illegal while the other is not? They're both agreements between the USC and the US government. Very curious about that ttyl,

mich

mich

The I-864 is a legally binding agreement that is a requirement under the INA for immigrant visas and adjustment of status. It is in effect until one either becomes a U.S. citizen, earns credit for 40 quarters of work, or leaves the U.S. for good.

The I-134 is not a requirement, but is often used as part of overcoming the public charge issue in being granted a nonimmigrant visa. The I-864 is then needed when an nonimmigrant wishes to adjust status. Thus then having a legally binding agreement.

Im sure someone can give more detail to it....but thats basically it in a nutshell.

Lorelle