I134 - Need Help Urgently

[LeftCoastLady 441]

Wait a minute, I was just getting hope my fiance could support himself. I am 40, USC, and my fiance is 60 from Switzerland. I have been trying to find out about how we will make things work with the I-134. We want to live in the USA because my children are here, but I have no income and have only been raising my childern after my divorce. They are now all older and it's time for me to move on with my life. My fiance is very wealthy and can support himself. Is this possible? He is 60 years old. He owns home worth 500,000 CHF, has monthly pension, and has about 500,000 CHF in the bank. How can this work if my income is not 125% of the poverty. I see you all insult thomas70, where I was gaining some initial hopo. Is there a way to make this work? thank you. Sue

For the record, no one is insulting Thomas70, however, the information he consistently posts does not give the full picture of the affidavit of support requirements.

[GringoD 33]

Swiss Love...

If you read 'in between the lines' of the instructions for the I-134,... basically THE THING THEY WANT YOU TO PROVE IS THAT YOUR FIANCE IS NOT GOING TO BECOME A PUBLIC CHARGE TO THE FEDERAL GOVERNMENT.

Write a cover letter, CLEARLY STATING YOUR CASE.

And, then include/back it up with APPROPRIATE DOCUMENTATION.

_________________

Seems to me, the USGov will welcome your Honey's million or so swiss franks into the country to help pay down the national debt (if anyone is in fact interested or trying to do that).

[sheeshkabelle 153]

Wait a minute, I was just getting hope my fiance could support himself. I am 40, USC, and my fiance is 60 from Switzerland. I have been trying to find out about how we will make things work with the I-134. We want to live in the USA because my children are here, but I have no income and have only been raising my childern after my divorce. They are now all older and it's time for me to move on with my life. My fiance is very wealthy and can support himself. Is this possible? He is 60 years old. He owns home worth 500,000 CHF, has monthly pension, and has about 500,000 CHF in the bank. How can this work if my income is not 125% of the poverty. I see you all insult thomas70, where I was gaining some initial hopo. Is there a way to make this work? thank you. Sue

Every country and consulate is different of what they will accept for the foreign spouse to self sponsor themselves. You would probably have better luck posting in the Swiss forum, where some one could better help you.

[SwissLove 0]

For the record, no one is insulting Thomas70, however, the information he consistently posts does not give the full picture of the affidavit of support requirements.

Thank you. I thought at first the information was factual and informative, which included information we already read and assumed at the travel.state.gov website. I emailed my hubby and he had already received a return reply from our lawyer which he posted a retainer to help us because he is still very busy with everything. She said we will include my husbands financial information in the original i-129f and also for him to bring updated versions to the interview. She said for any visa it is the burdon of the immigrant or visitor to show they will not become public charge, and in most cases for fiancee this include the i-134 as the proof of support, but this would not be needed in our case. I was very worried because I started reading the forums and everyone else on the board said the i-134 is required and the immigrant is not allowed to support themselves if they use a certain consulate. thank you all... ps, my honey told me to relax and stay off the message boards...

regards, Sue.

[LeftCoastLady 441]

Thank you. I thought at first the information was factual and informative, which included information we already read and assumed at the travel.state.gov website. I emailed my hubby and he had already received a return reply from our lawyer which he posted a retainer to help us because he is still very busy with everything. She said we will include my husbands financial information in the original i-129f and also for him to bring updated versions to the interview. She said for any visa it is the burdon of the immigrant or visitor to show they will not become public charge, and in most cases for fiancee this include the i-134 as the proof of support, but this would not be needed in our case. I was very worried because I started reading the forums and everyone else on the board said the i-134 is required and the immigrant is not allowed to support themselves if they use a certain consulate. thank you all... ps, my honey told me to relax and stay off the message boards...

regards, Sue.

You do know that the I-129F is the petition for a fiancé(e), right? If you're already married, that is not the petition to fill out. Please read the guides before you submit the wrong paperwork. And if you are working with a lawyer, they should know better.

[sheeshkabelle 153]

You do know that the I-129F is the petition for a fiancé(e), right? If you're already married, that is not the petition to fill out. Please read the guides before you submit the wrong paperwork. And if you are working with a lawyer, they should know better.

And you don't send any financial paperwork with the original filing for either the K-1 Fiancee Visa or the CR/IR-1 spousal Visa.

Your husband needs to send an I-130 for a CR/IR-1 Visa. NOT the I-129f.

A spousal visa does have to send the I-864 Affidavit of Support, no exceptions, but your assets (bank accounts etc) are included on that because you are married.

You are confusing yourself because you're reading about two very very different Visas.

Edited March 25, 2012 by sheeshkabelle

[L+T 71]

And you don't send any financial paperwork with the original filing for either the K-1 Fiancee Visa or the CR/IR-1 spousal Visa.

Your husband needs to send an I-130 for a CR/IR-1 Visa. NOT the I-129f.

A spousal visa does have to send the I-864 Affidavit of Support, no exceptions, but your assets (bank accounts etc) are included on that because you are married.

You are confusing yourself because you're reading about two very very different Visas.

I also know immigration lawyer who goes to same diner as i for lunch, and see him about 3-4 times a month for past 7 years. He always files the financials with the i-129f. Likely she is not confused about the application, but like myself and fiancee already consider each other husband / wife. This is common. I had tenants from Brazil, not married, and when she talk to me about her boyfriend say "my husband".

[LeftCoastLady 441]

I also know immigration lawyer who goes to same diner as i for lunch, and see him about 3-4 times a month for past 7 years. He always files the financials with the i-129f. Likely she is not confused about the application, but like myself and fiancee already consider each other husband / wife. This is common. I had tenants from Brazil, not married, and when she talk to me about her boyfriend say "my husband".

Then, you should read the topics posted by people called themselves husband/wife before they were married, posted photos in albums called "wedding," and included that information as proof during their interview...and then were denied the K-1 visa because the officer thought they were already married.

[sheeshkabelle 153]

I also know immigration lawyer who goes to same diner as i for lunch, and see him about 3-4 times a month for past 7 years. He always files the financials with the i-129f. Likely she is not confused about the application, but like myself and fiancee already consider each other husband / wife. This is common. I had tenants from Brazil, not married, and when she talk to me about her boyfriend say "my husband".

Then he's wrong because the financial documents go to the interview with the intending immigrant, because USCIS has nothing to do with the financial documents, the DoS does.

Referring to your intended has husband/wife on documents sent for the proof of bona fide relationship will raise some red flags.

But I've learned you like to spout things off to confuse people and make yourself feel smart.

[L+T 71]

Then, you should read the topics posted by people called themselves husband/wife before they were married, posted photos in albums called "wedding," and included that information as proof during their interview...and then were denied the K-1 visa because the officer thought they were already married.

Yes, thank you, i have seen this from some forums. Already warned my fiancee about this verbage at the interview... Will have to mock up or not include some skype logs...))) For them in Ukraine this is also common, so may not be big deal if she slips (but will warn again, thank you).. they also call cousin - my sister, boyfriend, husband. it is local culture.

[KayDeeCee 4,893]

Thank you. I thought at first the information was factual and informative, which included information we already read and assumed at the travel.state.gov website. I emailed my hubby and he had already received a return reply from our lawyer which he posted a retainer to help us because he is still very busy with everything. She said we will include my husbands financial information in the original i-129f and also for him to bring updated versions to the interview. She said for any visa it is the burdon of the immigrant or visitor to show they will not become public charge, and in most cases for fiancee this include the i-134 as the proof of support, but this would not be needed in our case. I was very worried because I started reading the forums and everyone else on the board said the i-134 is required and the immigrant is not allowed to support themselves if they use a certain consulate. thank you all... ps, my honey told me to relax and stay off the message boards...

regards, Sue.

As I replied to you, his consulate might accept his pension, especially if it will continue even when he moves to the US. The Swiss consulate is probably one that will accept self-sponsoring since they are not high-fraud. You don't send financial information with the I-129F petition, but it won't hurt you if it is included. It is just not needed for the petition, and they won't care about it when adjudicating your petition.

Be careful sending anything that shows you calling each other wife/husband, or doing so at the interview. People have been denied a K-1 for doing this because the CO claimed they were already married.

Good luck to you two.

[SwissLove 0]

As I replied to you, his consulate might accept his pension, especially if it will continue even when he moves to the US. The Swiss consulate is probably one that will accept self-sponsoring since they are not high-fraud. You don't send financial information with the I-129F petition, but it won't hurt you if it is included. It is just not needed for the petition, and they won't care about it when adjudicating your petition.

Be careful sending anything that shows you calling each other wife/husband, or doing so at the interview. People have been denied a K-1 for doing this because the CO claimed they were already married.

Good luck to you two.

Thank you. He has not started collecting his pension yet, because the longer he waits the more it is worth, and he does not need it yet. He retired end of last year, but took a 1 year contract with the same company to set up clinical trials in Russia, Moscow. It is beautiful and my daughters also love visit and see classic architecture. The lawyer assured us she has never lost a case, and it would not matter which consulate we use because she would draft a letter along with my fiancée financials so that the i-134 is not required. So I hope this process is complete by the end of the year. Thank you for the advice about calling him my hubby!!

Regards,

Sue.

[moemac59 192]

Keep in mind the OP is from Canada. Those of us going through the Vancouver/Montreal consulates really don't have an issue getting approved, as long as we have our paperwork in order. Different consulates are more stringent on paperwork and proof.

OP also stated she will have a joint sponsor, so laying a ton of proof onto her fiance really isn't all that necessary.

As Jim pointed out those of us that are DBA or independent contractors with no employees really do not need to go through the expensive hassles of D&B. Nor do we file quarterly taxes, there are no employees to file taxes on. We file a 1040 with our 1099misc once a year just like every other Joe in the U.S. Our 1040's or transcripts are all we need to prove income for anything from a mortgage to showing the government proof for benefits.

Most independent contractors are contracted by large corporations to do things faster/cheaper than what they could hire someone. Personally I'm contracted by one of the largest producers of film in the country, and my other contract is for big daddy box store. I'm sure they have D&B ratings... but I don't.

All the OP needs is her fiances transcripts from previous years, tax returns for last year and the IRS form showing her fiance filed an extension for 2011. Self-employed people file for extensions a lot. Either because they have a CPA doing their taxes and it's a busy time of year, or because we have so much paperwork and schedules and deductions it takes a while to get done.

She has a joint sponsor and all the necessary paperwork to go with it. That's all she needs.

That is exactly what I am going to do, take his tax return from 2010, the transcripts from 2008/2009, the IRS extension. I think that we may be okay as I checked the poverty guideline and we come in a bit over the 125% mark...however, I am going to get my sister to be the joint co-sponsor just in case. She will also be coming to the interview with me just in case there are any issues or questions with her information.

After reading all of the responses, getting a little freaked out and think that I am missing information. Just going to take what I have and hope for the best.

[sheeshkabelle 153]

That is exactly what I am going to do, take his tax return from 2010, the transcripts from 2008/2009, the IRS extension. I think that we may be okay as I checked the poverty guideline and we come in a bit over the 125% mark...however, I am going to get my sister to be the joint co-sponsor just in case. She will also be coming to the interview with me just in case there are any issues or questions with her information.

After reading all of the responses, getting a little freaked out and think that I am missing information. Just going to take what I have and hope for the best.

Your sister can come with you, but she will not be allowed in to the embassy. Only people with interviews and their US citizen spouse/ fiance are allowed in. They even kick out the attorneys.

Edited March 26, 2012 by sheeshkabelle

[moemac59 192]

Your sister can come with you, but she will not be allowed in to the embassy. Only people with interviews and their US citizen spouse/ fiance are allowed in. They even kick out the attorneys.

Really? Because on some of the paperwork it says that a US citizen can accompany you to the consulate. Maybe that applies for family visa's only (when sibs sponsor other sibs- F4?) Thanks Sheeshkabelle for the heads up. I will let her know. This way, she doesn't have to make a trip all the way from LA to Toronto and then to Montreal.

I'm concerned now after going through all of the post on this topic that I might be denied my K1..after reading all of the post by other members and talking about the surrety bond, etc. The consulate has to understand that some people do file an extension on their taxes. His return for 2010 will be significantly higher than 2009/2008 but he had a good year last year versus the previous 2 years due to the recession (he owns an insurance agency). Reason for extension is that he has to pay extra taxes and needs time to get the funds together.

Like I said, I will just go to the interview with the required docs and use my sister's stuff as a back up. Thinking and hoping that should be sufficient.