I-134 question-> I have been unemployed and living with my fiance in his native country,. Yet, he recieved a large insurance settlement .....

[melissa-n-alfredo 10]

This could cause more complications than what it is worth, but any suggestions or advice would be greatly appreciated.

Here's the situation....My fiance came to the US (illegally), where we met and fell in love. We've been together since July 2009.

While he was on his way to work early one morning, a tractor trailer come over in to his lane and hit his truck, spinning him off the roadway.

I got that dreadful call, only 10 days before Christmas :'( His truck, was of course totaled, and he had to have surgery. But God was with him that morning, and thankfully he has recovered but has permanent damage to his shoulder. I struggled to take care of him and paying all of our bills for nearly a year. He did have insurance and being that the other driver was at fault, he received a very large settlement with our lawyer's help.

He had been in this country 8 years, and this news devastated his mother. She had a heart attack, and again thank God, survived. But we made the decision to return back to Mexico together. Only a small portion of the money was sent to Mexico, in the name of his mother. So we would have the money to live, while there. The rest of the money was put in my safety deposit box here, not in an actual account. So therefore, no proof of where the money is or how much.

I have the lawyer's records of the amount that he was given (in 2010), and I am actually the one who signed the check (being he had no legal identification here and the bank required to cash and pay the entire amount in full).

Would it help us to provide this information during the interview, to show he or we can support ourselves with such a large amount, even without being employeed? Or would it only cause more concerns and questioning, as to why there is no exact proof other than the lawyer's records of this amount of money that we have or received? I'm lost on this :/

[Penguin_ie 5,992]

Yes the money can be used as assets. but I doubt they will accept "it's in a safe deposit box, honest". Why can't you move it to a bank account?

[melissa-n-alfredo 10]

Yes the money can be used as assets. but I doubt they will accept "it's in a safe deposit box, honest". Why can't you move it to a bank account?

We did not want it an account, only a safe deposit box, because we were both accepting the fact we would be in Mexico for quite some time. I have had an issue before, of money being deducted from previous account during a scam. I had made a purchase with a debit card, then the scammer used that to further deduct funds from my account with fake purchases and charges. And as long as money is in the account, it can be withdrawn. Once checking account is depleted, there are over-draft fees or the amount of "purchase" is deducted from savings. So it is possible that a scam can deplete that account as well. Being out of the country, I will not have immediate knowledge of funds until damage may have already been done. Most of the time, things like this are done thru a computer overseas and very hard to track. And majority of the time, the money is a total loss. I would be unable to close the account, living abroad. So we transferred the amount of money we would possibly need to Mexico and are trying to live on that budget. And the rest in safety deposit box, so there are less risks for our situation. Once I am able to bring my fiance back to the US, we then planned to take money out of safety deposit box and deposit into account as needed (and very small amounts) or possibly invest in property. But now I feel, being so cautious with our money, may end up causing us issues proving our case

[Penguin_ie 5,992]

Well, your other option would be to get a co-sponsor, but it seems silly if you have all that money lying around. Put it in an account where the money cannot be easily withdrawn, such as a CD?

[melissa-n-alfredo 10]

Well, your other option would be to get a co-sponsor, but it seems silly if you have all that money lying around. Put it in an account where the money cannot be easily withdrawn, such as a CD?

I completely agree, but being that it was actually my fiance's settlement, this is what he asked me to do before we left the country. He felt safe with it being in our safety deposit box, being no one has access to it but us. And if something were to happen to either of us, the box is listed jointly in both of our names, as well has having a beneficiary if something happened to both of us. So we both felt it was our best option at the time. Now, the more I research, I think is was actually more of a mistake So, I'm going to discuss more options with our bank, to see what other options we have with the circumstances.

I do, however, have 5 well qualified co sponsor willing to sign and provide anything we need. So, I feel very fortunate in that. But with the fiance visa, only an I-134 is required for sponsorship. And it is at the consulates discretion if they will accept a co sponsor. In Cuidad Juarez, it says that they will, but only at the discretion of the officer who has our case Hopefully, we will be one of the lucky ones to be granted co sponsor. But I am trying to prepare myself for a denial, in case they will not. The waiting and not knowing, is the hardest in this whole process.

[melissa-n-alfredo 10]

It also says that the reason a co sponsor may not be considered on an I-134 (sponsorship on fiance visa) is because it is not legally a binding contract. However the I-864 and I-864A is binding with the government, but that is only requested once we apply for AOS and not before. I would stand a much better chance of being granted the co sponsorship with that, than I am with only the I-134. I honestly did not realize how complicated my case really was, before finding this website. Being all the attorneys we consulted with, stated we had a very strong case. I feel they only told us what we wanted to hear, so they would be hired and charge us. Thankfully, I did not hire any of them. This is going to take lots of preparation, to successfully obtain his fiance visa. And there is no lawyer who is going to fight more and invest the time we need, the entire way. I am working on everything we need, many hours a day, and will not give up.

[Sarah Elle-Même 660]

Put the money in a savings account. But if it's more than $100,000 you should put it in multiple accounts because that is the amount of money insured by FDIC. That way there will be bank statements you can show proving you have this money on the I-134 and at the interview. A safe deposit box isn't going to help you since the bank doesn't record what comes in and out. At least savings accounts don't come with debit cards. Good thing you have this money - you'll need it to hire a lawyer to get a waiver filed because he was here illegally and for sure will face some sort of ban.

Edited December 7, 2012 by Sarah and Adnan

[Penguin_ie 5,992]

Your main issue will be your fiance's illegal presence in the USA, though the financial issue is a concern too. Have you considered marrying and doing a CR-1? That way you can use the I-864, and it may help with the waiver too.

[Villanelle 4,121]

Im going to agree that the spousal visa seems like a better option just from what Ive read on these forums. (im not really familiar with them but I do trust penguin)

I can tell you however depositing a large sum of cash money (anything over 10k) into a bank account in the US is going to cause a huge red flag with the IRS. Its not something you should be terribly concerned about because you do have proof about where the money came from (statements from the accident and documentation that you signed the check and its joint assets) But you just shouldnt be surprised when after you open the accounts the IRS comes knocking wanting to know exactly where this money came from. Theres currently a ton of regulations in place in regards to money laundering and anti-terrorism measures, so they have to make sure its legit.

So you should keep that in mind when deciding where and what type of account and what address to use.

[melissa-n-alfredo 10]

Im going to agree that the spousal visa seems like a better option just from what Ive read on these forums. (im not really familiar with them but I do trust penguin)

I can tell you however depositing a large sum of cash money (anything over 10k) into a bank account in the US is going to cause a huge red flag with the IRS. Its not something you should be terribly concerned about because you do have proof about where the money came from (statements from the accident and documentation that you signed the check and its joint assets) But you just shouldnt be surprised when after you open the accounts the IRS comes knocking wanting to know exactly where this money came from. Theres currently a ton of regulations in place in regards to money laundering and anti-terrorism measures, so they have to make sure its legit.

So you should keep that in mind when deciding where and what type of account and what address to use.

Very good point! Our lawyer had in fact told us the same thing, and could make things very complicated, if I am out of the country. It could possibly look, as if I am evading them and their questioning. Mainly being the fact that I will not have a forwarding address and no way to contact me, until I return. I could also be charged and detained, once I purchase my ticket and return by air. They could freeze all funds and even possibly take possession, after sending me certified letter and I did not respond after certain date. Of course, I would never know this was happening, since I would not be reviewing my mail until after I return. It would be a situation that I could prove, after my day in court. But it would be very frustrating, until case is settled. Which in turn, could also cause fiance visa to be denied, until case is closed. I lived there with my fiance in Mexico for a year and a half. And I will be returning once again, to wait out the remaining process, with my fiance. I am completely lost without him. So, I don't want to have any more issues and feel that maybe my fiance's decision with the settlement are the best, for now.

[melissa-n-alfredo 10]

Your main issue will be your fiance's illegal presence in the USA, though the financial issue is a concern too. Have you considered marrying and doing a CR-1? That way you can use the I-864, and it may help with the waiver too.

I have actually had a couple different people on here, mention they too, thought that would be a better route for our situation. However, I have never heard of that type of visa, and know nothing about it. Maybe I will check into that option, before our case progresses. The more people are hearing about the situation I'm in, it doesn't look like I will have much of a chance, at interview. Do you know anything about where I would apply for that type of visa? Or any information about it? Again, thank you for responding, with some wonderful questions and advice.

[melissa-n-alfredo 10]

Put the money in a savings account. But if it's more than $100,000 you should put it in multiple accounts because that is the amount of money insured by FDIC. That way there will be bank statements you can show proving you have this money on the I-134 and at the interview. A safe deposit box isn't going to help you since the bank doesn't record what comes in and out. At least savings accounts don't come with debit cards. Good thing you have this money - you'll need it to hire a lawyer to get a waiver filed because he was here illegally and for sure will face some sort of ban.

Thank you for your response, as well, it is greatly appreciated. Yes, I must apply for an I-601 waiver, once visa is officially denied. It is another long process, with fees and application. I can't submit that though, until denial. There is a 10 year ban, unless waiver is approved And as far as placing it in a savings account, that may cause issues. Being my fiance is out of the country, and the proof I have, is the money was in fact awarded to him and not myself. I only signed the check, but it was not mine, to deposit without his approval. And if it isn't deposited in our joint account, then I may face losing it all. He was in fact here illegal, when he received the settlement. Even though he had a lawyer, and the insurance claim and payment is completely legal, it isn't something that government would view to well in court if it is sitting in my sole account.

[Villanelle 4,121]

There are guides on this forum that explain the different types of visas available. Just click on the 'guides' link at the top of the page. Since you say youve been living outside of the US for over a year you may even qualify for direct consular filing for a spousal visa (?) But again I really dont know.

I can tell you savings account/checking account/CD, its all the same. If you open any type of account in a US bank with a large deposit it will cause the issue I mentioned above. Even when he gets here legally and obtains a SS number and is able to open a joint bank account and you both deposit the money it will be flagged.

The only options I see is- if you go the spousal visa route you would fill out the 864 and if your income is not enough you would be able to use co-sponsors which you said you can obtain, so there would be no need to deal with the ins money issue right now. You can leave it in the safe deposit box as it is, and when you both get settled in the US, deposit it into a joint bank account and deal with the IRS inquiry then.

Or go the K1 route. Leaving the money where it is (safe from IRS freezing it), filling out your own 134 which Im assuming wont qualify, and attempting to submit a co-sponsor. But you should be aware some consulates do not accept co-sponsors, so you could be denied and would have wasted a tremendous amount of time and energy.

The only other option I could think of is to open an account and make several small deposits. The smaller the better. For example, if you were to deposit around 3k a week for 15 weeks, that would bring you up to 45k and most likely would not trigger the IRS monitoring system.

[melissa-n-alfredo 10]

There are guides on this forum that explain the different types of visas available. Just click on the 'guides' link at the top of the page. Since you say youve been living outside of the US for over a year you may even qualify for direct consular filing for a spousal visa (?) But again I really dont know.

I can tell you savings account/checking account/CD, its all the same. If you open any type of account in a US bank with a large deposit it will cause the issue I mentioned above. Even when he gets here legally and obtains a SS number and is able to open a joint bank account and you both deposit the money it will be flagged.

The only options I see is- if you go the spousal visa route you would fill out the 864 and if your income is not enough you would be able to use co-sponsors which you said you can obtain, so there would be no need to deal with the ins money issue right now. You can leave it in the safe deposit box as it is, and when you both get settled in the US, deposit it into a joint bank account and deal with the IRS inquiry then.

Or go the K1 route. Leaving the money where it is (safe from IRS freezing it), filling out your own 134 which Im assuming wont qualify, and attempting to submit a co-sponsor. But you should be aware some consulates do not accept co-sponsors, so you could be denied and would have wasted a tremendous amount of time and energy.

The only other option I could think of is to open an account and make several small deposits. The smaller the better. For example, if you were to deposit around 3k a week for 15 weeks, that would bring you up to 45k and most likely would not trigger the IRS monitoring system.

Wonderful advise and I think we've decided to leave the money where it's at, and then once we return slowly withdraw money from safe deposit box, only the amount needed. I know we would have no issue with the IRS after having chance to prove money is insurance settlement, but I don't want to deal with that while perusing his visa.

I have also looked more in to the different visas and think the fiance visa will actually be certain denial (in our particular situation), and as you stated a waste of time and expense. So, now I am researching the requirements for me to return to Mexico and marry him there, then apply for the Cr1 (spousal visa). And surprisingly, it is half the cost, with about the same wait. I am going to inquire in his country about the direct filing too. That would actually cut the time in less than half. But either way, that is my best option. Now I must research how to formally withdraw fiance application and go from there.

[KayDeeCee 4,893]

Juarez accepts co-sponsors. I have not seen anyone post that their co-sponsor was not accepted there. Juarez is not known to be strict about the affidavit of support.