Questions about I-134

[js198 0]

Hi there, it's my first post here on VJ.

Our situation is this, I'm an Aussie and my girl is a USC. She is a PR of Australia. We are not yet married and depending on weather we want to marry in Australia or the USA, we will choose a K-1 or a spouse visa.

My question is about the I-134 and staying together while lodging (as far as I know we fulfill all the other requirements, we've been together for half a decade etc).

Due to the fact that she lives here, my girl will not have a job in the USA.. She doesn't have alot of family so we have few options for a co-sponsor.. assuming that we are unable to get a co-sponsor, what would our options be?

> Would she have to go to the USA alone and get a job? How long would she have to hold the job before it would be a good enough amount of time to put the job on the I-134?

> I've tried looking for the 125% poverty line information but I can't find it. Is there any way we might have enough assets to avoid needing a current income or a co-sponsor all together? Right now I have 5 figures in savings but I'm guessing that probably won't be enough.. Is there a certain amount we can show them in savings that would avoid the need for any sponsorship at all?

> Are there any options for us staying together the entire time we file for the visa?

Thanks for any input.. much appreciated.

[Anh map 2,098]

Marrying and then petitioning for a spouse visa will be an easier (and likely faster) journey through the immigration process.

The USC will have to prove US domicile and provide an affidavit of support. If they do not meet the income requirement a joint sponsor (any USC or Green Card holder) can be used.

The I-864 FAQ link in my signature below can be helpful. Also the I-864P link will show the required income.

[js198 0]

So she has to be living in the US? There's no way to file while we are both together in Australia?

And what if she moves back there and gets a job.. How long would she have to hold the job for before it would be okay to file for the visa?

Thanks

[Anh map 2,098]

So she has to be living in the US? There's no way to file while we are both together in Australia?

And what if she moves back there and gets a job.. How long would she have to hold the job for before it would be okay to file for the visa?

Thanks

Read through the FAQ.

[js198 0]

I read it. Can't find any info there on how long it's advisable that the USC would hold their job before submitting the I-134.. If the USC had the job for only 1 month it probably wouldn't be very good right? It would likely have to be held for a longer period of time.

[Anh map 2,098]

I read it. Can't find any info there on how long it's advisable that the USC would hold their job before submitting the I-134.. If the USC had the job for only 1 month it probably wouldn't be very good right? It would likely have to be held for a longer period of time.

If you choose the K1 route then it would make sense for the USC to go get a job. The affidavit of support is not due until the interview which is several months later than petition filing.

To stay together and enter the US together once the visa is issued then the spousal visa would be the choice.

In either case, the USC would have to establish a US domicile and secure a joint sponsor unless you two have approximately $90K in assets.

If being able to work upon entry is important, then the spouse visa is what you want. With the K1 you would marry and then apply to adjust status in order to obtain the green card. That will take several more months after entering the US. Spouse visa gives the immigrant the ability work immediately upon entry.

Do some reading in the guides section to learn the process and timelines. Then choose the path that makes sense for the two of you.