i-864 for K-1 visa

[Manda_Uk 2]

Hi,

I was wondering what the deal is with the Affidavit of Support. My finace and I have a bit of a strange

situation where he (the US citizen) is a student and so he doesn't meet the income requirements.

However I (the fiance - UK citizen) have $$$ in savings. I am intending to continue in my career in the US once I arrive and therefore I will probably be the breadwinner. On the instructions it states:

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

I'm not sure quite how I can 'prove' that my income will continue from the same source as when I arrive I wont be working at first? I'm hoping that if I can show I have

approx. three times as much as what it typically required for the minimum annual salary in savings this will be sufficient??

Anyways we are nowhere near me even being in the US, but I just want to know up front if this is going to be a problem for us. Any advice would be much appreciated!!!

Edited March 10, 2011 by Manda_Uk

[TwoCats 55]

Hi,

I was wondering what the deal is with the Affidavit of Support. My finace and I have a bit of a strange

situation where he (the US citizen) is a student and so he doesn't meet the income requirements.

However I (the fiance - UK citizen) have $ in savings. I am intending to continue in my career in the US once I arrive and therefore I will probably be the breadwinner. On the instructions it states:

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

I'm not sure quite how I can 'prove' that my income will continue from the same source as when I arrive I wont be working at first? I'm hoping that if I can show I have

approx. three times as much as what it typically required for the minimum annual salary in savings this will be sufficient??

Anyways we are nowhere near me even being in the US, but I just want to know up front if this is going to be a problem for us. Any advice would be much appreciated!!!

I think the problem you have is the I-864 is what you need at AOS.

You need the I-134 for the K-1. Since at the time of the K-1, you won't be spouses, I don't /think/ you can use your own income to sponsor. Your US fiance would need to get a co-sponsor if they don't meet the requirements for the I-134.

(not 100% sure)

Edited March 10, 2011 by TwoCats

[Anh map 2,098]

This link from the London Embassy website regarding the Public Charge Provisions may be helpful --> http://london.usembassy.gov/faffidavit.html

[YuAndDan 153]

K-Visas use I-134 at time of visa interview, and later use I-864 when adjusting status in the states. http://london.usembassy.gov/i864.html

I-134 is considered to be "optional" however need solid proof that the intending immigrant will be supported while in teh states, and will not end up relying on the government for support.

Intending immigrant cannot use I-134 or I-864 them self due to the forms requiring US domicile which the intending immigrant does not have.

UK is somewhat unique in that they allow the intending immigrant to in a way self sponsor, if they can show that income will continue after coming to the states or have assets that will be transferred to the states that can be used to support self. MORE:

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

• bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;
• proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
• letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;
• statement from insurance company showing policies held and present case surrender value;
• proof of income from business investments or other sources.

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

Employment

An applicant relying on an offer of prearranged employment to meet the public charge provisions of the law should have the prospective employer submit a notarized letter of employment on the letter head stationary of the employing business. The letter should:

• contain a definite offer of employment;
• give a description of the job offered to the alien and an explanation of skills which qualify the alien for the position;
• state the rate of compensation to be paid and if pertinent, additional information detailing other benefits to be included in lieu of cash payment;
• specify the location, type and duration (whether seasonal, temporary or indefinite) of the employment offered; and
• state whether the employment will be immediately available upon the applicant's arrival in the U.S.

http://london.usembassy.gov/faffidavit.html

Though with a K-Visa the Employment angle should not fly, a K-Visa holder is not employment authorized until they have EAD or Green-card, which can take MONTHS to get after arrival.

Moving this to the UK forum... Talking about something unique to that Embassy

[Darnell 8,479]

whilst Dan has given general INFO -

UK K-1 visa wannabees can actually self-sponser.

There's a thread about it in the UK forum - let me know if you can't find it?