affidavit of support

[therightlayne 0]

hey everybody,

i received my NOA1 in November and getting ready for the next steps. my main concern is the affidavit of support. I have been studying for the last several years and recently graduated (may) since then it has been tough to find work. I started a job Dec. 1st that pays 35k, but I am thinking about finding a different job.

let's say everything is processed quickly and we can get the interview scheduled in May, will 6 months of employment be enough? (assuming I stay at this job). My tax returns will show an income of virtually zero. Will a few paystubs and a letter from my employer be enough?? Or will I need a cosigner? I would like to get a cosigner just to be safe, but I got nobody!

I bet I'm not a lone in thinking this way, but I often fantasize about just leaving the states and scraping by in Peru to be with my love. Immature??

[REINITA♥REY 8]

Hey, you may be ok without a sponsor but you need to research to make sure. Check out the I-134 form. .

I just wanted to say NOOOOOO your not immature! I am SOOOOOO ready to move to Peru if this doesn't go through soon!!!

[therightlayne 0]

i have another question, how long of a commitment is the affidavit of support? I heard it was 10 years. and what does that commitment include? I just want to know so I can pursuade some one to cosign

[JimVaPhuong 4,863]

It really depends on the consulate. Some are a lot more strict about the affidavit of support than others. You have a good reason for not having any income prior to your current job, since you were in school. They usually take that into account. It would be different if you were disabled or long term unemployed since neither of those circumstances would say much about your future earning ability.

My recommendation is that you stick with your current job until after she gets the visa. Six months worth of paychecks from one job will look a lot better to a CO than three months from one job and three months from another. It will also look a lot better to a prospective employer when you do decide to find another job. Employers don't like employees who skip jobs frequently. They like to see you stick with a job for at least a couple of years.

The term you're looking for is "joint sponsor", often referred to as "co-sponsor" on this site. They're not a "co-signer" because they're not endorsing the contract you sign - they are signing their own contract. Some consulates don't accept joint sponsors with K visas, but I don't believe the US consulate in Peru is one of them. Check out the regional forum for Latin America and see what the requirements are at the US consulate in Peru.

I'm over 50, with responsibilities, an established career, and family here in the US. I decided from the beginning that I would move to Vietnam if we tried everything and still failed to get a visa. You're not immature. You're in love.

i have another question, how long of a commitment is the affidavit of support? I heard it was 10 years. and what does that commitment include? I just want to know so I can pursuade some one to cosign

The I-134 has no teeth. It's unenforceable. USCIS stopped using it for this reason. The consulates still use it for screening non-immigrant visa applicants, but they also realize it's not enforceable. If you find a joint sponsor who needs confirmation of this fact just come back here and I'll give you links to the appropriate US government references.

After your fiancee comes to the US and gets married to you then you'll need to send her paperwork for her green card application. At that time you (and possibly a joint sponsor, if you need one) will need to sign an I-864 affidavit of support. That contract IS legally enforceable, and remains in force until one of the following occurs.

1. The immigrant becomes a US citizen.

2. The immigrant has earned 40 quarters (10 years) of work credits through Social Security.

3. The immigrant loses their permanent resident status and leaves the US.

4. Either the immigrant or the sponsor dies.

Note that divorce is not on the list above. If she becomes a US citizen in the minimum possible time then the affidavit could expire in as little as three years. If none of the above ever occur, then you and your joint sponsor could be bound by the affidavit for the remainder of your lives.

[therightlayne 0]

please do send me the links that say that the 134 holds no weight.. that could be helpful

[payxibka 10,045]

Moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[JimVaPhuong 4,863]

please do send me the links that say that the 134 holds no weight.. that could be helpful

I didn't say it didn't hold any weight. It doesn't hold the same weight as an I-864, but US consulates DO use it, and they DO consider the financial information you provided on it. What I specifically said was that it wasn't legally binding.

It's in the Foreign Affairs Manual. This is the "bible" used by all foreign service officers, including consular officers. See chapter 9 FAM 40.41 N4.6-3, scroll down to page 15:

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

"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."

If you read through that entire section of the FAM you will realize that consular officers have a lot of discretion when considering an I-134. Many consulates have internal policies they follow when considering the "public charge" requirement of the Immigration and Nationality Act (the INA, the legislation that governs immigration). Consulates aren't required to tell you what those policies are, but the FAM gives a lot of guidance about what sort of things they will consider. Some consulates consider some things much more than others, which is why some consulates won't accept a joint sponsor for a K visa. Most consulates strongly prefer a petitioner who is well qualified to sponsor on their own. This is because they know that there is a very strong likelihood that the petitioner will be willing to sign an I-864 - a binding legal contract - when the time comes.

When a consulate considers a joint sponsor with an I-134, one of the things they will be considering is the likelihood the joint sponsor will be available to sign an I-864 later on. Some consulates prefer to see a close relative of the petitioner or beneficiary as a joint sponsor with an I-134 for this reason.

The above is why I never recommend that someone find a joint sponsor for an I-134 if they have to depend on convincing that joint sponsor that they aren't going to be on the hook legally. If the consular officer suspects that this is how the joint sponsor is viewing things then the consular officer may deny the visa on the public charge grounds. They don't want to send a beneficiary to the US if they suspect they won't have a qualified sponsor to adjust status and get a green card.

If you think you'll need a joint sponsor then, by all means, go ahead and explain to them that the I-134 isn't legally binding. However, if you think you'll need the same joint sponsor to get a green card then make sure you explain to them that, although the I-134 isn't legally binding, the I-864 they'll be submitting later IS legally binding.