Fiance wont LEAVE!!!!

[skynaut 29]

Hospitals are private institutions, he has no responsibility for her medical bills.

Read this and do not give misleading information for people here:

If the immigrant receives any "means-tested public benefits," you as a filer for affidavit of support are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictionsmay also designate certain of their programs as means-tested public benefits.

Here is a link to the quoted information: http://www.foreignbo...affidavit.htm#6

HEY HEY HEY

Why do you just believe him and keep advicing him without knowing anything from her ?....he might did something ..who knows ...she might seen him betraying her or something and of course he would NOT tell you guys that he betrayed her..there are many circumstances ...BUT not because he is AMERICAN so ohhh he is one of us ..damn her ...BE FAIR ...what if you were her ....what if he did something...many questions ......iam not defending her neither accusing him of doing something ...but i hate being unfaired so i wouldn't want anyone to be in that place...listen to both of them if you can guys ...or just keep keep your tongues in your mouths .

Regards

Sam

Very well said Sam!!! Thank you!

Edited August 17, 2010 by skynaut

[RightClicK 17]

Read this and do not give misleading information for people here:

If the immigrant receives any "means-tested public benefits," you as a filer for affidavit of support are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictionsmay also designate certain of their programs as means-tested public benefits.

Here is a link to the quoted information: http://www.foreignbo...affidavit.htm#6

Very well said Sam!!! Thank you!

Thank you ...i just like to say the truth .and don't like to makeup my words.

[Cheyemo 8]

Read this and do not give misleading information for people here:

If the immigrant receives any "means-tested public benefits," you as a filer for affidavit of support are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictionsmay also designate certain of their programs as means-tested public benefits.

Here is a link to the quoted information: http://www.foreignbo...affidavit.htm#6

Very well said Sam!!! Thank you!

Even in your link it is talking about the I-864, not the I-134 which is what the OP completed. That is all people are trying to say.

[TBoneTX 45,304]

The OP's question has been answered. Furthermore, he does not plan to marry the K-1 entrant, whose authorized stay in the U.S. therefore ends after 90 days. If they fail to marry and she fails to return to her country within 90 days, she has exceeded her authorized stay and can be reported to ICE for potential removal. Upon the making of such a report, it's far-fetched to think that the U.S. Government would allow an illegally present alien to remain and instead sue the petitioner for means-tested benefits that an illegally present alien does not legally qualify for. That's the reality of the situation, and the OP has been advised of the proper steps to take.

[skynaut 29]

why don't you read this, it is I-134 form, see section 5 and 6 http://www.uscis.gov/files/form/i-134.pdf

[Boiler 45,525]

Read this and do not give misleading information for people here:

If the immigrant receives any "means-tested public benefits," you as a filer for affidavit of support are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictionsmay also designate certain of their programs as means-tested public benefits.

Here is a link to the quoted information: http://www.foreignbo...affidavit.htm#6

Very well said Sam!!! Thank you!

And she qualifies for none of them.

[daboyz 36]

Except when it comes to the I-134 and comparing other VJ members to dirtbags, si man.

Not sure why you bother. You can tell some people the sun rises in the east, and they will still get up every morning looking west.

[Boiler 45,525]

You can lead a horse to water, but you can't make it drink

[skynaut 29]

So what does this mean then? Read it and tell me do you still think the one who signed I-134 is not responsible for anything?

Taken from I-134 form!

"5. I am willing and ableto receive, maintain, and support the person(s) named in item 3. Iam ready and willing to deposit a bond, if necessary, toguarantee that such person(s) will not become apublic charge during his or her stay in the United States, or to guarantee thatthe above named

person(s) will maintain his or her nonimmigrantstatus, if admitted temporarily, and will depart prior to the expiration of hisor her authorized stay

in the United States.

6. I understand that:

a. Form I-134 is an “undertaking” under section 213of the Immigration and Nationality Act, and I may be sued if the person(s)named in item 3

becomes a public charge after admission to theUnited States;

b. Form I-134 may be made available to any Federal,State, or local agency that may receive an application from the person(s) namedin item 3

for Food Stamps, Supplemental Security Income,or Temporary Assistance to Needy Families; and

c. If the person(s) named in item 3 doesapply for Food Stamps, Supplemental Security Income, or Temporary Assistancefor Needy Families,

my own income and assets may be considered indeciding the person's application. How long my income and assets may beattributed to the

person(s) named in item 3 isdetermined under the statutes and rules governing each specific program"

[JimVaPhuong 4,863]

why don't you read this, it is I-134 form, see section 5 and 6 http://www.uscis.gov/files/form/i-134.pdf

You've not been paying attention. The I-134 is not a legally binding contract, it has repeatedly failed to hold up in court, and even DHS and DoS have confirmed that it's not legally binding. Nowhere in the contract does it state what the minimum requirements are for the sponsor, and the oath portion of the contract even makes reference to requirements contained in the instructions (a separate publication), which violates the basic premise that a contract must be self-contained; i.e., it can't impose obligations not specifically described in the contract. The I-134 was written by an INS bureaucrat and not an attorney.

If you won't believe the people here, how about the Foreign Affairs Manual, used by consular officers who actually ACCEPT the I-134 affidavit:

http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

(CT:VISA-1317; 09-24-2009)

a. Because INA 212(a)(4)(C ) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children of the self petitioner (see INA 204(a)(1)(A (ii));

(2) The self-petitioning spouse of a U.S. citizen, who has been battered by or subjected to extreme cruelty perpetrated by the spouse, and any children of the self-petitioner (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

[skynaut 29]

So basically you are saying that this I-134 means nothing? And the oath that you sign at the end of the document means nothing? And you sign this legal document but it means ABSOLUTELY NOTHING and has no legal value??So what's the point signing it? Isn't it just a waste of paper? If you bear no responsibility signing it, so again what's the point signing it? it means you can just bring a person to the USA and then when you change your mind, you can just kick him/her out, make him/her starve and live in the streets and you bear NO RESPONSIBILITY, because you CHANGED your mind and this fact makes I-134 illegal??? I sincerely doubt that!!! And do not tell me about courts, coz every case is different and it depends on many circumstances! And because you are a USC, it doesn't mean you are always 100% right and other person who came on K1 visa is wrong and has no rights while in the USA!

Oath or Affirmation ofSponsor

I acknowledge that I have read "Sponsor andAlien Liability" on Page 2 of the instructions for this form, and am awareof my

responsibilities as a sponsor under the SocialSecurity Act, as amended, and the Food Stamp Act, as amended.

I certify under penalty of perjury under UnitedStates law that I know the contents of this affidavit signed by me and that thestatements are

true and correct

[daboyz 36]

The point in signing it, (along with your previous 3 years tax transcripts attached) is to show them that you earn enough income to support your fiance. If you dont show them that, you will be denied at the interview.

[skynaut 29]

Exactly! You would be denied at the interview! Why? Coz your fiancé needs your support while in the USA!!! So if you sign it, it means you accept to support him/her, that's why I doubt you can so easily leave him/her in the streets if you change your mind. You will probably have to prove WHY you kicked her/him out and not ALWAYS this will be solved in your favor!

Edited August 17, 2010 by skynaut

[belinda63 3,038]

No what it means is that you have the ability to support them if things work out and you file for AOS which requires the I-864. The I-134 is not even a requirement for a K-1 visa it is simply a tool the consulate uses to show the petitioner can support the potential immigrant if the visa is approved and the visa is issued. Why issue the visa if the consulate cannot be sure the petitioner cannot support the immigrant as required by the I-864.

To follow your line of reasoning, that the petitioner is responsible for the person they sponsor even if they chose to not get married would that mean that if the person with the K-1 visa comes to the US without telling the petitioner (it has happened) and chose to live in the US out of status that the petitioner, who didn't even know they had entered the country, was responsible for this person?

The knife cuts both ways hence the further added requirements for adjustment of status.

[VanessaTony 3,567]

We appear to have veered off topic so here's the OP again to remind people what this topic is about

My fiance arrived in the US about a month ago on a K1 visa. Since her arrival things have gone DOWN HILL!. I found out she was unfaithful numerous times during our visa process and do not plan to continue our relationship. I guess my question is how do i get her to go home. I have offered to pay for her flight but she refuses to accept the offer. She acts like a child most of the time and cant seem to realize that we are not getting married. Any tips on how to get her home, i prefer not to report her to INS. I know shes legally allowed to stay for 90 days.

Your fiancee (now ex-fiancee I assume) is legally entitled to remain in the US for 90 days. Following that she begins to accrue out-of-status days. She has NO legal recourse to stay in the States unless she 1. marries you, or 2. accuses you of abuse and tries to AOS that way (I'm not sure if you need to be married before she can try VAWA, I don't think so but someone will correct me).

First kick her out of the place you're staying. You should NOT be alone with her. Put in WRITING or have a witness present (such as police) that you are willing to pay for her ticket home. If she does not leave your house, you can call police and have her charged with trespassing but that's awfully messy.

Honestly there is no legal obligation for you to support her until you AOS and complete the I-864. The I-134 is basically a waste of paper, it's just an "undertaking" that you'll support her when the time comes to AOS, that you have the means to support her.

Until she's been an LPR for 5 years she's not eligible for any means-tested benefits anyway... so I doubt you'd ever get hit that way.

Personally I would also inform USCIS that you do not intend to marry her and she is no longer staying with you. Just to cover your butt. This doesn't exactly "report" her, it just lets them know what's going on and if and when the time comes or if ICE finds her, then they'll have on record that you don't want her anymore. Sounds cruel but it separates you from her.

Good luck. I'm sorry it didn't work out.