I-134 not "obligatory" at K-1 meeting? What does this mean?

[minibadger 1]

I e-mailed the embassy and finally got a reply, but I'm a little confused. I don't want to e-mail back and ask for clarification, because I've already asked so many questions and I feel like I'm bugging them, when they're already being so kind as to answer these things.

Below is the question I asked:

For the K-1 process, the I-134 form is required. Does the embassy accept I-134s from joint/co-sponsors? For example, the petitioner files an I-134, but in case it's judged as insufficient income, a second I-134 from a party with more resources is filed. I don' t at all think I'd need to do this, but would like to know anyway.

I read that in almost all cases co-sponsors for the I-134 are fine, but there are a few rare exceptions where some embassies do not accept them.

The reply I got was this:

You do not have to worry about this issue: it is not obligatory. It may be requested by the officer at the interview if there are some unusual circumstances.

What does this mean? Does this particular embassy not really care about the I-134 except under "unusual circumstances?" What might those circumstances be? And if they don't really often request it, does that hint that they pay a lot more scrutiny to job history or tax forms, etc? Or did they maybe just misunderstand me and they're saying that a joint-co sponsor is not obligatory?

Basically, what should I interpret and guess from this reply?

[Vegas Dolly 0]

Which embassy will you have your interview in? i would be keen to know the answer to this one too...

good luck!

[Laura+Tom 2]

Probably means it's not obligatory to have a co-sponser unless your income is insufficient.

[Otto 83]

You asked if they accept joint/co-sponsors but also stated you don't think you would need to (have a co-sponsor).

Their reply is pretty clear. They say not to worry - having a co-sponsor is not required - but may be asked for (this is information you already know). Is your income close to the regiment? Are there any unusual circumstances?

In our case - we supplied a co-sponsor, just for extra measure - the consulate never asked for it, in fact they gave it back (it was in our stack of papers we gave them) so I guess you could say it was not obligatory.

[pushbrk 12,898]

I e-mailed the embassy and finally got a reply, but I'm a little confused. I don't want to e-mail back and ask for clarification, because I've already asked so many questions and I feel like I'm bugging them, when they're already being so kind as to answer these things.

Below is the question I asked:

For the K-1 process, the I-134 form is required. Does the embassy accept I-134s from joint/co-sponsors? For example, the petitioner files an I-134, but in case it's judged as insufficient income, a second I-134 from a party with more resources is filed. I don' t at all think I'd need to do this, but would like to know anyway.

I read that in almost all cases co-sponsors for the I-134 are fine, but there are a few rare exceptions where some embassies do not accept them.

The reply I got was this:

You do not have to worry about this issue: it is not obligatory. It may be requested by the officer at the interview if there are some unusual circumstances.

What does this mean? Does this particular embassy not really care about the I-134 except under "unusual circumstances?" What might those circumstances be? And if they don't really often request it, does that hint that they pay a lot more scrutiny to job history or tax forms, etc? Or did they maybe just misunderstand me and they're saying that a joint-co sponsor is not obligatory?

Basically, what should I interpret and guess from this reply?

They'll accept a co-sponsor if needed. The I-134 itself is not a required form. Convincing the CO, the intending immigrant won't become a public charge is the actual requirement for K visas.

[KimandRuss 0]

From the GUIDES...

While there are no specific income requirements listed in the I-134 form directions, you will be judged by the

same criteria as the I-864 form requirements when they are issueing the visa at the foreign US consulate, so

provide financial information for the I-134 with those guidelines in mind.

Each Consulate is different when it comes to this. The NZ Embassy cares little about the income requirements/co-sponsor as well.

Just keep in mind that you will need a co-sponsor once your fiance is here and you file for AOS if you do not meet the minimum income requirements.

good luck.

[Badgerella 5]

Re: Pushbrk:

But how could you do that, without the form itself? I mean, as much as I know, the fact that my English is fluent and that I have a degree (etc.) and am willing to work right away (from the very moment it becomes legal) would not be enough, or considered at all.

I wish they were a bit more clear, is all. Hopefully it really means what we all think it is. That, in case it's needed, we can show a co-sponsor Affidavit, as well.

[pushbrk 12,898]

Re: Pushbrk:

But how could you do that, without the form itself? I mean, as much as I know, the fact that my English is fluent and that I have a degree (etc.) and am willing to work right away (from the very moment it becomes legal) would not be enough, or considered at all.

I wish they were a bit more clear, is all. Hopefully it really means what we all think it is. That, in case it's needed, we can show a co-sponsor Affidavit, as well.

The I-134 is an affidavit. An attorney or individual could provide their own affidavit. It's the supporting information that ends up being critical when there's any question. So, one COULD satisfy a CO with the supporting information alone, like pay stubs and tax returns, etc.

[Badgerella 5]

Then, I hope, we should read this as:

- bring tax returns and pay stubs;

- fill in an I-134;

- fill in an additonal I-134, signed by co-sponsor, just to have it handy in case it's needed.

As for my previous question - does it matter, at all, whether or not the beneficiary is actually capable/able/ready to start providing for the new family as soon as it becomes legal? Kim and Russ mentioned the Embassy in NZ not caring much about income - could it be because in NZ people actually speak English and therefore it's assumed they are, at least on that front, ready to start working sooner than, say, someone from a non-English-speaking country? Would it matter, under any circumstances, if I can provide proof of my degree and actual certificates that my English is fluent?

I know that both minibadger and myself sometime sound like complete lunatics, but so far we've been getting mostly confusing and/or insufficient information from the Embassy in Croatia and... I assume everyone just wants to make sure they're doing their best.

[KimandRuss 0]

You dont at all sound like lunatics... you sound like people who are trying to get this right and that is what you should be doing.

Becasue the I-134 has no real standards most consulates simply follow the guidelines set by the I-864.... others do not.

If I were you, I would have all the documentation there just to be on the safe side but they sound a lot like the NZ Embassy who did ask for the I-134 but certainly cared more about Russell's ability and desire to work once in the States. They paid special attention to his work history as well as his education (masters degree). They actually requested his CV/Resume... perhaps have yours ready for them to see as well?

All you can do is the best you can do to be prepared... sounds like you will be.

[john_and_marlene 162]

They are saying that they don't always ask for the I-134, but you had better have it if they do ask for it.

[Otto 83]

Then, I hope, we should read this as:

- bring tax returns and pay stubs;

- fill in an I-134;

- fill in an additonal I-134, signed by co-sponsor, just to have it handy in case it's needed.

As for my previous question - does it matter, at all, whether or not the beneficiary is actually capable/able/ready to start providing for the new family as soon as it becomes legal? NoKim and Russ mentioned the Embassy in NZ not caring much about income - could it be because in NZ people actually speak English and therefore it's assumed they are, at least on that front, ready to start working sooner than, say, someone from a non-English-speaking country?Absolutely not! Would it matter, under any circumstances, if I can provide proof of my degree and actual certificates that my English is fluent? No - that's not the point.

I know that both minibadger and myself sometime sound like complete lunatics, but so far we've been getting mostly confusing and/or insufficient information from the Embassy in Croatia and... I assume everyone just wants to make sure they're doing their best.

[Badgerella 5]

Then, I hope, we should read this as:

- bring tax returns and pay stubs;

- fill in an I-134;

- fill in an additonal I-134, signed by co-sponsor, just to have it handy in case it's needed.

As for my previous question - does it matter, at all, whether or not the beneficiary is actually capable/able/ready to start providing for the new family as soon as it becomes legal? NoKim and Russ mentioned the Embassy in NZ not caring much about income - could it be because in NZ people actually speak English and therefore it's assumed they are, at least on that front, ready to start working sooner than, say, someone from a non-English-speaking country?Absolutely not! Would it matter, under any circumstances, if I can provide proof of my degree and actual certificates that my English is fluent? No - that's not the point.

I know that both minibadger and myself sometime sound like complete lunatics, but so far we've been getting mostly confusing and/or insufficient information from the Embassy in Croatia and... I assume everyone just wants to make sure they're doing their best.

..or.. yes, if one is to read the post about Kim and Russ's experience. So it really seems it's up to the consulate (or just a CO) and that one should come to the interview with a truckload of papers. At least that part is not hard to accomplish, as long as you're at least somewhat certain you included anything and everything a CO could possibly ask for. Even in their wildest of dreams!

[minibadger 1]

Okay, so we have the opinion that it doesn't matter, at all, to the USCIS / Consulates at the K-1 meeting that the beneficiary has skills, education, speaks fluent Engilsh, or has assets.

But... the purpose of the I-134/I-864 and income requirements is to ensure that the beneficiary doesn't become a public charge.

This... makes no sense at all. If the beneficiary is a fluent English-speaking person with a Master's degree and a long work history in a skilled field, by the standards of DHS, that person is just as likely to become a public charge as Juanita Hernandez, who has never held a job in her life and can say only "I has husbant yes?" That's ridiculous and contrary to ANY logic at all.

I'm to believe that if I made only 10k a year and married Yulia Tymoshenko of Ukraine, or Christina Kirchner of Argentina, two insanely powerful and rich, intelligent women, we could very well be denied because they think she'd become a public charge?

....

God Bless America!

Edited November 13, 2008 by minibadger

[RadzNSteve 0]

The I 134 is to show the petitioner can supporr the beneficiary and that they will not become a public ward, and you are correct it doent matter what kind of job or how much money they make where they live now. I know that sounds crazy but that is the way it works.