Is I-134 mandatory?

[rebeccajo 14]

Sorry, I didn't have time to go through all the prior posts. I successfully filed a K1 with as a graduate student without a co-sponsor. Over the 3 years prior to applying for the K1 I had been in school and had money from a variety of sources: scholarships, fellowships, and loans. For the I-134 I included documentation for ALL of it as well as My financial aid award letters & statements. I did not have W2 forms, but my fellowship did require me to pay taxes, I copied that portion of my fellowship handbook and included my last 6 direct deposits (no pay stubs either for my fellowship). I included tax transcripts for the years I filed taxes, and the 1 that I did not I briefly explained why and a copy of the regulation citing why I was not required to file that year. My fellowship director was kind enough to write an "employer letter" for me briefly stating the amount of my taxable fellowship and length of my contract. I also included a letter from my bank stating the total amount of deposits into my account. Yes, that was a lot of document gathering and copying (and praying, I didn't have anyone willing to co-sponsor). But we went through the K1 without any issues. I submitted the same documentation for the I-864 with my hubby's AOS, again no problems. Approved without an interview.

If with all of this you find that you fiance is short on income, she can make up the shortfall by showing 3x that amount in assets. For example, if she is $1000 short she will need to show at least $3000 in assets (savings account, stock, etc.). If she doesn't have enough assets you could send her the cash to deposit in her account. (She would need to get a letter from the bank stating the balance, or a recent statement for you to take to you interview). Best of luck, be creative and document everything. No one cares about this more than you do!

reeses16 -

Before we ever filed anything with USCIS, I had an attorney consult by telephone. That attorney (who practiced immigration law in a university town) informed me that he had successfully processed many K1's wherein the income of the sponsor was exactly like yours.

I have occasionally stated on Vj that one can use student loan income on the I134. This has been questioned by many readers and so I usually don't bring it up. It is interesting to read your account of a successful filing and have it on the forums for use of other readers.

[rebeccajo 14]

Co-sponsoring someone has tremendous legal obligations that last at least 10 years. I don't know how closely you to have read over the obligations of the I-134 (and the I-864 for AOS). I doubt some random person would co-sponsor you. Paying someone to help you get an immigration benefit seems illegal to me. A more likely last resort is that you wait and re-apply when she meets the guidelines or she moves to Canada.

Most consulates are not concerned if the sponsor is a 'random' person. Some consulates will only accept sponsors who are related to the petitioner. It's a consulate specific issue and should be researched.

It's definitely illegal to pay someone for any assistance (other than processing paperwork) to obtain an immigration benefit.

[iLoveAPolishGirl 0]

As stated, the specific requirement is that SOMEHOW the benificiary must demonstrate that s/he will not "become a public charge." What an embassy may require to show this varies by embassy and situation.

An I-134 is NOT required as per USCIS regulations, it is the interpretation of how to satisfy the "public charge" rule that varies between embassies.

If YOU have significant assets to show that you can support yourself sufficiently (to the satisfaction of the embassy and interviewing officer), either independently or possibly in conjunction with your fiancee's income/assets and/or possibly with a co-sponsor, then you will be fine.

I suggest you send an email to the embassy outlining your situation and ask them for guidance

Also, saying you want to "live with" your girlfriend is NOT implying you want to get married. If simply being with her is the actual goal (for now), you could explore other options, such as a work or student visa.

It's definitely illegal to pay someone for any assistance (other than processing paperwork) to obtain an immigration benefit.

Yes, and, additionally, all financial transactions in excess of $10,000US are reported to the IRS and may be investigate by the FBI.

good luck

dvc

Edited May 18, 2009 by iLoveAPolishGirl