Form I-134 Verbiage very tough on Petitioner

[Sawwadekaw 0]

I am a newbe on this site but was looking to ask a question and came across this forum. I am also an Oct guy. the Fourth to be exact. 10/04/2012. It is at the CA processing center. Does this mean I am getting close?

Second question. Has anyone reviewed the form I-134, affidavet of support form. It does scare the ####### out of me a little bit. I am 59, retired early and not my first rodeo, as I am sure is the same as others. This form pretty much has you signing off on the "sounds" like fact you are going to be responsible for financials of fiance and daughter. That is fine, but what if you get divorced. Any input on this would be grealy appreciated.

No one plans on getting divorced but as noted, not my first rodeo and have worked hard my entire life to only lose half of it as I did in first marriage in States due to divorce. We are planning on living in SD. I have a solid retirement and investments that I want to protect in case of divorce., in second marriage to an American, I had a solid prenup that covered my assets that I already had before marriage and pretty clean divorce in keeping them when we divorced.

I love my Thai fiance, and her daughter very much. I am just trying to be realistic in knowing that while we could be good for the next 50 years, Shi...... happens. If it does, I do not want it to wipe me out. Will a solid prenup keep me out of trouble. I have zero problem with us sharing all assets gained from day we are finally married.

Just want to ensure that my grown kids and their familys, my grandkids are covered in the future by current will and solid prenup.

Any, all help, guideance, assurance or reality checks would be greatly appreciated.

I should add we have been together for 18 months. Very happy. Also, no problem with child as I raised to on my own for 20 yrs. She has four yr degree and masters in business and finance and speaks five languages. Fiance is from a solid family and she of very solid character.

Edited April 11, 2013 by Sawwadekaw

[Darnell 8,478]

the I-134 is not a legally binding agreement.

The I-864, filed with an adjustment of status case, is legally binding.

run through that one, instead?

[Audy_Rob 26]

As long as assets you own before marriage are well documented, one of the purposes of a pre-nup is that documentation, you should be fine on your primary concern. Note that there have been trial judges who have interpreted the I-864 as a ten year commitment in spousal support whereas absent an I-864 10 years of spousal support would never be ordered in the case of a short marriage (2-5 years of marriage). So your risk is communal property acquired after marriage and perhaps extended spousal/child support.

Good luck.

[Pitaya 2,577]

the I-134 is not a legally binding agreement.

The I-864, filed with an adjustment of status case, is legally binding.

run through that one, instead?

If you have "cold feet" don't mess with the I-864. It all depends on your level of commitment. If you feel so inclined consider consulting a family law lawyer in your state to review your rights and responsibilities.

Good luck on your visa journey.

[TBoneTX 45,328]

*** Duplicate thread removed. ***

[Karee 4,190]

As others have stated, the I-134 is not a legally binding document. It's merely a guide for the C.O. to determine whether or not you can support the beneficiary upon their arrival to the U.S. I-864 is another story though.

[Sawwadekaw 0]

If you have "cold feet" don't mess with the I-864. It all depends on your level of commitment. If you feel so inclined consider consulting a family law lawyer in your state to review your rights and responsibilities.

Good luck on your visa journey.

[Sawwadekaw 0]

Thanks for all the great info. I must admitt this entire process, even though I have printed and read out just about every

form and instructions for each form about three times is still is giving me headaches. I must admitt that I have been blown up more than a few times in my life and my memory or retention of info is not top notch. I greatly appreciate all the help.

Questions:

Just what is the process: Yes, I have looked for it. Those are correct, that I should not worry about the 1-134 affidavet of support. But also correct that I sure as heck should be worried about the I-864, "affidavit of support" under section 213A of the act. The problem is I do not see anywhere where I have to fill it out.

Please HELP ME UNDERSTAND THIS. And yes, knock the snot out of me when I am wrong.

The way I read it, I being a Nov filer wait a few more months to get I-129 approved, package sent to US embassy/immigration in Bangkok and then go through with filing 1-134 and Finance goes through interview?

Once accepted, we get visa to states?

Once in states we get married, and asap file 1-130 for green card and work permit. Then also file for 1-131 for early permission to travel while still under temp green card while waiting for our two years to get permanent green card.

MOST IMORTANT, AND BACK TO ORIGIONAL QUESTION, WHEN, WHY, WOULD ANYONE FILE FORM 1-864. As noted, not the sharpest tool in the shed but I cannot find anything that tells me when, or at what stage I would have to fill it out. It is as most of you rightfully noted, is pretty much signing over 35 of 100k per year in income if you were to get divorced once you sign the form. It is to ensure that even if divorced, you are responsible to keep her and child at 125% of USA poverty level if you were to get divorced. The only out would be if they went back to their home country per what I have read.

I totally understand why the USA does this. My issue of course, as noted in first posting is while we are in love, well, not first rodeo and sure as heck do not want to sign over roughly 35% of my income for rest of my life if things go south on me down the road. While a solid pre-nup as noted, should protect existing assets, and I have zero problem with splitting 50% anything we gain together, if we were to divorce the form I-864 is like a death star.

Any clarity for this begging smuck that does not understand just when, why I have to fill out the I-864 affidavit of support form? and is my info on timeline, or flow chart so to speak correct?

God Bless for any and all responses, as noted, while I read and re-read, I cannot ever seem to find a solid, this is how it plays out, and when do you or not have to file form I-864.

Thank You So Much For Any and All Help In advance, I am a nervous wreck over this thing.

[Lynkali 163]

Once in states we get married, and asap file 1-130 for green card and work permit. Then also file for 1-131 for early permission to travel while still under temp green card while waiting for our two years to get permanent green card.

You submit the I-864 when you file for the Adjustment of Status after you are married, at the same time as you file for Employment Authorization and Advance Parole (travel authorization). See http://www.visajourney.com/content/k1flow for a quick overview of those steps, although you're right that the I-864 is not listed by name there. It is part of the AOS filing though, unless I've greatly misunderstood!

(Edited to add: also see http://www.visajourney.com/content/k1k3aos for the forms needed for Adjustment of Status, including the I-864.)

As for your worries, I can't help. I have yet to hear, even in those cases where divorce has happened, of serious fallout from the I-864, but then again I haven't followed every single couple who has made this journey. I am curious as to what you do find out, given my own case with a HUGE imbalance of assets and earning power, but whatever you do find out isn't going to change my mind on my journey, or on having the pre-nup to avoid any really awful scenarios.

Edited April 13, 2013 by Lynkali

[Sawwadekaw 0]

Thanks to all for great info and opinions, responses. Yes, I am more than a bit freaked out over the I-864 form.

And yes, once a US citizen, it goes away but that is a five year minimum in the US to clear that hurdle.

In my neighborhood there are roughy 50 nice homes. 70 percent Farong and Thai "wife". I use the term losely as some I believe are not truly married but in Thailand, Boyfriends are Husbands and Girlfriends are wifes. Just the verbiage they use.

Also, about half the Farongs go back home for three to six months a year and I suspect that the true reason is the same anxiety that I have. They do not seem to want their "wife" to get legal immigration status due to the same financial obligations.

the entire thing really sucks for me. I love my fiance. That is the main reason I want to get married in the states. At some point I am going to die, she will outlive me as I am 59, she is 27 and her daughter, that I love more than life is 6. By marrying in states and getting her to thru process to the point of getting US citizenship. She can then get my SSA benifits and my retirement. But.............................Again, Gosh darn, what a risk we take when we do this.

I can see why so many marry, not marry but do the part time dad and father, husband and fly home for months on end but it is not in my opinion a great thing to do to someone you love. The flip side of course is running the gauntlet and praying things do not go south after you have filled out the 864 form declaring, as noted, contract with goverment that you are going to pay them 125% of the poverty level, roughly 35k a year forever, regardless of divorce and until or unless they immigrate back to their home country.

Is is possible to use Fiance Visa, fly to the states and then get married and fly back to Thailand without filling out the forms. While I suspect this blows her SSA benefits years down the road, I think she could then at least get other benefits as my pension or life insurance. "all covered in prenup of course.

I should add that my Fiance has told me many times, she does not want to live in States, just wants to get green card and then move back to Thailand. This would be roughly two years and not possible with me not filling out form. I also think not great for child to be hauling her from country to country over two years.

Again, any, all advice is greatly appreciated. I believe and thank you all for your sincere answers and advice.

Thanks to all for great info and opinions, responses. Yes, I am more than a bit freaked out over the I-864 form.

And yes, once a US citizen, it goes away but that is a five year minimum in the US to clear that hurdle.

In my neighborhood there are roughy 50 nice homes. 70 percent Farong and Thai "wife". I use the term losely as some I believe are not truly married but in Thailand, Boyfriends are Husbands and Girlfriends are wifes. Just the verbiage they use.

Also, about half the Farongs go back home for three to six months a year and I suspect that the true reason is the same anxiety that I have. They do not seem to want their "wife" to get legal immigration status due to the same financial obligations.

the entire thing really sucks for me. I love my fiance. That is the main reason I want to get married in the states. At some point I am going to die, she will outlive me as I am 59, she is 27 and her daughter, that I love more than life is 6. By marrying in states and getting her to thru process to the point of getting US citizenship. She can then get my SSA benifits and my retirement. But.............................Again, Gosh darn, what a risk we take when we do this.

I can see why so many marry, not marry but do the part time dad and father, husband and fly home for months on end but it is not in my opinion a great thing to do to someone you love. The flip side of course is running the gauntlet and praying things do not go south after you have filled out the 864 form declaring, as noted, contract with goverment that you are going to pay them 125% of the poverty level, roughly 35k a year forever, regardless of divorce and until or unless they immigrate back to their home country.

Is is possible to use Fiance Visa, fly to the states and then get married and fly back to Thailand without filling out the forms. While I suspect this blows her SSA benefits years down the road, I think she could then at least get other benefits as my pension or life insurance. "all covered in prenup of course.

I should add that my Fiance has told me many times, she does not want to live in States, just wants to get green card and then move back to Thailand. This would be roughly two years and not possible with me not filling out form. I also think not great for child to be hauling her from country to country over two years.

Again, any, all advice is greatly appreciated. I believe and thank you all for your sincere answers and advice.

[KayDeeCee 4,893]

You can file for citizenship after being married to the same USC while being a permanent resident green card holder for 3 years. None of that really matters though if she does not want to live here. You cannot come here, get married, adjust status, receive a green card and then move back to your home country. You have to maintain residence in the US in order to have a green card and permanent residence status.

If you are in love, want to marry, form a family and live in the US, then file. The I-864 is part of the process. If you do not want to provide an I-864, then don't go through the process. If she has no desire to live in the US, then do not go through the process. It is really as simple as that.

[Darnell 8,478]

Sawwadekaw

Cool ! you have some new ideas, refactoring things a bit, after reading the I-864.

many of the things you mention are wrong, however.

So, keep thinking, keep refactoring, you've some ways to go, still.

But I applaud you for the first rethink, the first refactor. Usually it's a mind-numbing experience. More to go, however.

I'll come back in a day and punch holes in yer posit, but most likely someone else will do that before me.

Edited April 17, 2013 by Darnell