Confusion about I-134 and co-sponsor?

[mrettercap 24]

My girlfriend and I are trying to get the visa process started, but we're not sure what our best option is right now. We'd prefer to go for the K-1 visa, but unfortunately her income alone isn't enough to meet the poverty criteria.

Fortunately we have a willing co-sponsor whose income more than exceeds the required level; but I can't seem to find hard info as to whether a co-sponsor is actually allowed on the K1 visa's Affidavit of Support [i-134?]. Some people seem to suggest it's not possible at all, others suggest it depends on the consulate you go through.

Can anyone shed any light? I (the benificiary) am from the UK, if it helps -- so nearest embassy is London.

Also, she previously applied for food stamps (in the winter) but it expires next month (before we plan to apply). Is there any chance this will affect the proceedings?

Edited March 21, 2012 by mrettercap

[LeftCoastLady 441]

My girlfriend and I are trying to get the visa process started, but we're not sure what our best option is right now. We'd prefer to go for the K-1 visa, but unfortunately her income alone isn't enough to meet the poverty criteria.

Fortunately we have a willing co-sponsor whose income more than exceeds the required level; but I can't seem to find hard info as to whether a co-sponsor is actually allowed on the K1 visa's Affidavit of Support [i-134?]. Some people seem to suggest it's not possible at all, others suggest it depends on the consulate you go through.

Can anyone shed any light? I (the benificiary) am from the UK, if it helps -- so nearest embassy is London.

Also -- she works on a strictly commission and tips basis, and since this winter was pretty bad, she decided to apply for food stamps -- will this affect things?

The co-sponsor would fill out a separate I-134. Your fiancée would still fill out one since she is the primary sponsor for you. From what I've read to date, you should be fine with a co-sponsor going through the US embassy in London. Good luck!

[baron555 934]

The co-sponsor would fill out a separate I-134. Your fiancée would still fill out one since she is the primary sponsor for you. From what I've read to date, you should be fine with a co-sponsor going through the US embassy in London. Good luck!

Yep, each fills out the 134 and are sent both to you at the interview.

[mrettercap 24]

Thank you, guys. That's great news -- hopefully we'll have no issues then.

Am I right in thinking that the Adjustment of Status should work out fine too, as long as we have that co-sponsor? It's a bit early to worry about that, but we're trying to make sure we won't have any major issues later on down the road; I read somewhere on the forum that AoS is likely to be declined if your primary sponsor earns less than the projected minimum, but that seems sort of counter-intuitive (why would they give you a visa, let you get married, then deny you?)

Edited March 21, 2012 by mrettercap

[KayDeeCee 4,893]

Thank you, guys. That's great news -- hopefully we'll have no issues then.

Am I right in thinking that the Adjustment of Status should work out fine too, as long as we have that co-sponsor? It's a bit early to worry about that, but we're trying to make sure we won't have any major issues later on down the road; I read somewhere on the forum that AoS is likely to be declined if your primary sponsor earns less than the projected minimum, but that seems sort of counter-intuitive (why would they give you a visa, let you get married, then deny you?)

When you file for AOS, it will be the same requirement of 125% of the poverty level or more for your household size, but you will fill out the I-864 instead of the I-134. If you do not meet the 125%, you can use a co-sponsor. The I-134 is not legally binding, but the I-864 is, so your co-sponsor should read carefully as to what they are signing off on.