Help my employment won't provide a letter stating salary for I-134 affidavit of support

[dreamcometrue4 0]

Hi everyone,

not sure if this is where to add this question, had similar question. If your last income tax return does not meet the required amounts but you currently meet the qualifications and have proof is that accepted? Also I see some say the letter is optional or is it a definite requirement?

[merkin&regine 18]

Your sister's salary meets the guidelines. She needs to have sufficient income for her houshold (herself and her child + your fiance). If your fiance has children that will change the number of household size your sister will need to qualify for. Since I don't know if your fiance has child(ren) here are minimum 125% income standards:

3 in household = $23,162

4 in household = $27,937

5 in household = $32,712

She will need I-134, tax returns with W-2's, letter of employment, recent pay stubs.

HOWEVER, as I stated above - the Consulate in Manila has the discretion to NOT permit a co-sponsor. I would send an email to the Consulate in advance of the interview and explain the situation.

2 weeks prior to the interview is not a good time to first be starting to prepare for a co-sponsor...

Do you have all the other items needed done? Are all the DS forms completed? Updated letters of intent to marry from both of you? Does she have her police certificate, passport, etc?

Hi,

I completely disagree with this if the kids are not listed on the initial Approved I-129F petition, therefore the kids cannot come nor follow at a later time with a visa deriving from the mom's K1 visa. If the kids are listed on the approved I-129F petition, the kids have one year from the issuance of visa of the mom in order for them to derive from that K1 visa. But if it's over that or the kids weren't listed on the initial approved I-129F petition for the fiance, then the mom can petition the kids at a later time as an LPR on her kids below 21 yrs old and file I-130; this is when they count the kids on I-864 affidavit of support.

So, if the petitioner didn't list her kids at the initial I-129F, his household size will only be him and her fiance = 2; for the co sponsor; it will be the co -sponsor, co-sponsor's dependent and the fiance.

For the OP.. you also need a notarized affidavit stating that you know that your fiance has kids that are not listed on your approved I-129F and is still willing to pursue with the petition.

Hope this helps!

[merkin&regine 18]

On the I-134 it specifically states in question #3

to list children accompanying or following to join...

So, for your co-sponsor, the household size will be her, her child, your fiance and your fiance's two children = 5. If your sister only makes $30,she does not qualify to be your sponsor. For the K-1 you can not combine finances to qualify for the 125% of poverty guidelines but for AOS (later on down the road), incomes can be added by more than 1 co-sponsor.

You have a serious problem. Assuming that the Consulate will accept a co-sponsor in your case, yous sister does NOT qualify. You need to:

a) Find another suitable co-ponsor right NOW

b) Hope that the Consulate will accept a co-sponsor in your case

I wish I had better news for you, but at least you still have a chance to find a qualified co-sponsor.

Good luck.

The "DS forms" are the documents your fiance will need for her interview... DS-230, DS-156, DS-156K and in some cases DS-160.

I'm sorry.. this is what i should have quoted

By the way, We need DS-230 for fiance? I dont think so.. pls correct me if i'm wrong.. DS-230 is application for Immigrant Visa.. Fincae's visa is not an Immigrant Visa.

I think it's only the DS-156K NONIMMIGRANT FIANCÉ(E) VISA APPLICATION..

Edited December 31, 2011 by merkin78

[az110965 252]

Hi,

I completely disagree with this if the kids are not listed on the initial Approved I-129F petition, therefore the kids cannot come nor follow at a later time with a visa deriving from the mom's K1 visa. If the kids are listed on the approved I-129F petition, the kids have one year from the issuance of visa of the mom in order for them to derive from that K1 visa. But if it's over that or the kids weren't listed on the initial approved I-129F petition for the fiance, then the mom can petition the kids at a later time as an LPR on her kids below 21 yrs old and file I-130; this is when they count the kids on I-864 affidavit of support.

So, if the petitioner didn't list her kids at the initial I-129F, his household size will only be him and her fiance = 2; for the co sponsor; it will be the co -sponsor, co-sponsor's dependent and the fiance.

For the OP.. you also need a notarized affidavit stating that you know that your fiance has kids that are not listed on your approved I-129F and is still willing to pursue with the petition.

Hope this helps!

The I-134 specifically states to list any/all children who will accompany or follow later. The household size is 5. Sorry you disagree...

[az110965 252]

I'm sorry.. this is what i should have quoted

By the way, We need DS-230 for fiance? I dont think so.. pls correct me if i'm wrong.. DS-230 is application for Immigrant Visa.. Fiance's visa is not an Immigrant Visa.

I think it's only the DS-156K NONIMMIGRANT FIANCÉ(E) VISA APPLICATION..

DS-230 is needed in all of the Embassy's that I've read about. Perhaps Manila does not use this form. DS-230 IS used in Costa Rica and the South/Central Countries.

[merkin&regine 18]

DS-230 is needed in all of the Embassy's that I've read about. Perhaps Manila does not use this form. DS-230 IS used in Costa Rica and the South/Central Countries.

Ah Ok!. Yes.. coz I reviewed DS Forms requirement for the Philippines... and DS-230 is not included.. Any Filipinos here would want to confirm this. I just want to make sure... Here's the link of the required interview documentation though:

http://photos.state.gov/libraries/manila/19452/public/Revised%20K1%20Instruction%20Packet%20_3__rtf2_003.pdf

Thanks..

[merkin&regine 18]

The I-134 specifically states to list any/all children who will accompany or follow later. The household size is 5. Sorry you disagree...

Hehehe.. no problem.. it's always good to have disagreements to come out with more information. But I know the "to follow" Phrase on I-134 is the one that is confusing but this is the meaning of the "to follow" phrase: This is a quote from K1/K2 Visa Applicant instructions for the Philippines:

Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits.

My interpretation is that, since I-134 was executed to make sure that an immigrant will not be of public charge in US, there's no way, US immigration would count a person as a petitioner's household size when they are still outside US and if they can't derive a K2 visa from the K1 Visa applicant.

[JimVaPhuong 4,863]

Hehehe.. no problem.. it's always good to have disagreements to come out with more information. But I know the "to follow" Phrase on I-134 is the one that is confusing but this is the meaning of the "to follow" phrase: This is a quote from K1/K2 Visa Applicant instructions for the Philippines:

Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits.

My interpretation is that, since I-134 was executed to make sure that an immigrant will not be of public charge in US, there's no way, US immigration would count a person as a petitioner's household size when they are still outside US and if they can't derive a K2 visa from the K1 Visa applicant.

They are only supposed to count intending immigrants in the household size. However, with an I-134, the CO has discretion to count whatever they want to count. In this case, I wouldn't be surprised if they counted her kids, even if they don't submit visa applications for them or indicate that they will be following to join. The thing is that the CO could deny for the public charge requirement without specifically saying that they counted her kids in the sponsor's household size.

Also, the stipulation that the children must have been listed on the I-129F in order to be eligible for a K2 visa is neither a matter of law nor a matter of DoS policy. There's nothing in the Foreign Affairs Manual that states that a child of the beneficiary must be listed on the petition in order to be eligible for derivative status, and the INA specifically states that no petition is required for derivatives. This stipulation is only a general requirement of the consulate in Manila, and they have been known to make exceptions to this. The main thing they're concerned about when a petitioner doesn't list all of the beneficiary's children is that the beneficiary may have been hiding those children from the petitioner. When the K1 visa is issued then the children become statutorily eligible for a K2, even if they weren't listed on the petition. They don't want the petitioner thinking that they are bringing only a new bride to the US and then an entire family meets them at the airport.

There have been cases on VJ where a petitioner didn't understand that the I-129F requires all of the beneficiary's children to be listed, and they erroneously thought that only the children who would be immigrating right away should be listed. The CO's in Manila subsequently issued a blue slip to the beneficiary at the interview requesting a notarized statement from the petitioner regarding the beneficiary's children. If the petitioner stated that they were aware of the beneficiary's children when they filed the petition then the CO would approve the K1 and issue the K2 visas. If the petitioner responded "Kids? What Kids?" then the K1 would be denied by the CO for the discretionary decision that the relationship was primarily to evade immigration law.