Affidavit of support for k-1 visa. Contradictory information found on the web

[RHamilton 0]

To make this simple, I am very confused about the process of obtaining a visa for my boyfriend. Mostly, the affadim of support.

I am American, he is Brazilian.

I am finding loads of information on the web about what is required to file for his residence, and all of it is contradictory.

I found this:

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

On this website:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

Which is official.

Now, reading this it looks like I wouldnt need to file the support affidavit until after he is ready to apply for permanent residence,

which I've been told could be years down the line (which is what we need).

I am currently finishing my degree, and it will be close to 2-3 years before I am totally finished, working a stable job, and bringing in enough income alone to meet their support requirement.

Neither of us want to have to wait this long to be together is we do not have to. I was told that I do not need to file the support proof until after he will already be here for a years. This would buy us enough time for me to finish my degree, and be ready to financially sign off as his sponsor.

I have however read other websites that seem to require the affidavit long before he can even come into the states, long before we can even get married.

Exactly how does this work?

also, I read if he does need ot now before we can get married you can have a joint sponsor.

My mother and immediate family are either unwilling to help or do not meet income requirements- but he has a friend is Missouri who we believe would sign off on it if he is able to. I am in Kentucky. Would he be able to joint sponsor him despite being in another state?

What are our options?

[The Mean Lady 604]

Years? No.

Suggest you read here:

http://www.visajourney.com/content/k1guide

and here:

http://www.visajourney.com/content/k1flow

and this:

http://www.visajourney.com/content/k1tips

You are required to file support evidence prior to your fiance entering the US (I-134)

[Alaska2012 462]

By the time of the interview you must fill out the I-134, so yes income is a must. The co-sponsor can live anywhere in the US so the friend is ok as long as he meets the income criteria!

[lost_at_sea 995]

You definitely need to sort out your financial support plan *before* your fiance K1 interview as the I-134 must be presented and satisfactory supporting documentation included.

Yes, you may have a joint sponsor. They can live in another State. They must be a USC or LPR and at least 18 years old, and make above the poverty threshold for your fiance PLUS any dependants (so your fiance becomes counted as one of their household).

Edited June 22, 2013 by lost_at_sea

[KayDeeCee 4,896]

I am not sure what al you were reading to come to the conclusion that adjustment of status will not happen for years after getting a K-1 visa. That is not so.

You first file a petition, the I-129F that will grant the foreign fiance(e) permission to apply for a K-1 visa at the consulate in their country. The petition approval takes on average 5+ months.

Here is the guide for the I-129F> http://www.visajourney.com/content/k1guide

Here is the flowchart for how the process works> http://www.visajourney.com/content/k1flow

When the foreign fiance(e) applies for the K-1 visa, you will need to supply the I-134 affidavit of support. Once the visa is approved, you will have 90 days to marry after entering the US with the K-1. After marriage, you will file for adjustment of status. At that time you will need to supply the I-864 affidavit of support.

What you quoted in your post was about the I-864. It is not required until adjustment. However, the I-134 and proof of support is required at the K-1 visa interview as well.

[aaron2020 11,651]

You missed the heading in your link where it states this is about a green card.

Since you are not married, there is no basis for your boyfriend to get a green card with anything you can file now, so your link does not apply to you.

There are two different Affidavit of Supports. The one you linked to is the I-864 when a person applies for a green card.

---------

You file the I-129f fiancé petition. You will need to file an I-134 Affidavit of Support. Your boyfriend will get a non-immigrant K-1 visa.

Once your boyfriend enters the US, and get marry within 90 days. This ends the K-1 process.

Once married, to become a legal immigrant, your husband files to adjust his status (ie apply for a green card). Now, you file the I-864 Afdidvit of Support.

-----

The problem you may face is that not every US Embassy will accept a co-sponsor for the I-134. This is where you might run into problems.

For the I-864, a Joint Sponsor can be any US citizen or LPR over age 18. His friend in Mo. can be his Joint Sponsor only if he meets that criteria. A friend in the US who is neither a USC or LPR cannot be a Joint Sponsor.

[RHamilton 0]

Thank you all so much. I figured so, but was getting bad nformation from someone who didnt really know what they were talking about.

What is USC and LPR?

[lost_at_sea 995]

Thank you all so much. I figured so, but was getting bad nformation from someone who didnt really know what they were talking about.

What is USC and LPR?

United States Citizen, Legal Permanent Resident.

[The Mean Lady 604]

Thank you all so much. I figured so, but was getting bad nformation from someone who didnt really know what they were talking about.

What is USC and LPR?

us citizen and legal permanent resident

[RHamilton 0]

Does the joint sponsor have to go to meetings etc, or is most of it paperwork? His friend is a legal US citizen and permanent resident, he was born here. He is willing to do it and does meet the income requirement including my bf in his household number. 125% of the povery guideline

Also, how do I find out if the embassy will accept a co sponsor?

[lost_at_sea 995]

Does the joint sponsor have to go to meetings etc, or is most of it paperwork? His friend is a legal US citizen and permanent resident, he was born here. He is willing to do it and does meet the income requirement including my bf in his household number. 125% of the povery guideline

It's all paperwork! He'll need to provide his tax returns, ideally.

Also, how do I find out if the embassy will accept a co sponsor?

Check embassy info and reviews: http://www.visajourney.com/consulates/

Edit: Sorry. Your embassy is Brazil. I don't know off hand, but someone else will likely reply who does.

Edited June 22, 2013 by lost_at_sea

[RHamilton 0]

I am amazed at how helpful you all are, I was totally amiss and confused, you are shedding so much light on this for me. I love you all, internet strangers!

I am not sure on which embassy, we have not started anything yet aside from getting engaged and finding information on what we need to do. I am from Kentucky, the US, and he is is Curitiba, Brazil. How can I find which embassy it would go through?

His friend meets all the poverty guidelines including him and is happy to help. I am assuming he is our best bet until I finish my degree and land a stable job, we just want to do this as fast as possible, weve been doing the distance for way too long. neither ofus want to have to wait for me to be his sponsor.

[KayDeeCee 4,896]

Does the joint sponsor have to go to meetings etc, or is most of it paperwork? His friend is a legal US citizen and permanent resident, he was born here. He is willing to do it and does meet the income requirement including my bf in his household number. 125% of the povery guideline

Also, how do I find out if the embassy will accept a co sponsor?

The co-sponsor provides their own I-134, most recent tax transcript, letter from employer and/or most recent pay stubs, plus proof of being a USC.

I believe Brazil does accept co-sponsors.

You have quite a few months before the financials will be needed though.

http://www.visajourney.com/consulates/index.php?ctry=Brazil&cty=Rio%20De%20Janereiro

[aaron2020 11,651]

Does the joint sponsor have to go to meetings etc, or is most of it paperwork? His friend is a legal US citizen and permanent resident, he was born here. He is willing to do it and does meet the income requirement including my bf in his household number. 125% of the povery guideline

Also, how do I find out if the embassy will accept a co sponsor?

The Joint Sponsor only has to send paperwork. No meetings. No other action is necessary.

An LPR is not and never can be a USC. This is especially true for simeone born here. Your husband's friend is a USC. He happens to reside in the US, but he is never should be described as a permanent resident. Be careful with your terminology since it matters.

Does your husband's friend understand that as a Joint Sponsor, he agrees to reimburse the government for any means tested benefits your husband may receive improperly? It's not just signing a piece of paper. It's about putting his financial neck out for your husband.

Go to the Brazil sub-forum on this site. Search it for you answer. If you can't find it, then post a question.

Edited June 22, 2013 by aaron2020

[RHamilton 0]

Thanks so much. I am thinking this will be our best route of getting him here.

We begin by filing the i-129f correct and then go from there?