K-1 Fiancee visa - I-134 affidavit of support

[speaktru69 5]

Hi All,

Just a few questions regarding proof of suport.

My partner and I have been in a relationship for the past 10 years. I have been living in England with her for the past 8 years, 7 of which we have been in a Civil Partnership. Now that DOMA has been struck down I can now file a petition for her to go to the US to get married as the US does not recognise Civil Partnerships from UK as Marriage at this time.

My questions are :

1) How do I prove income if all my income is earned over here and I do not have a job in the USA?

2) My cousin has offered to be a sponser for her, Do both my cousin and I need to complete seperate I-134 forms?

Just a question regarding I-129f petition.

What do I need to prove for ongoing relationship? Will joint tenancy and council tax be sufficiant to prove we've met? LOL Its such a silly question but I want to make sure I get everything spot on.

Thanks for any help

Cheers

Trish

[SenA 10]

Hi All,

Just a few questions regarding proof of suport.

My partner and I have been in a relationship for the past 10 years. I have been living in England with her for the past 8 years, 7 of which we have been in a Civil Partnership. Now that DOMA has been struck down I can now file a petition for her to go to the US to get married as the US does not recognise Civil Partnerships from UK as Marriage at this time.

My questions are :

1) How do I prove income if all my income is earned over here and I do not have a job in the USA?

2) My cousin has offered to be a sponser for her, Do both my cousin and I need to complete seperate I-134 forms?

Just a question regarding I-129f petition.

What do I need to prove for ongoing relationship? Will joint tenancy and council tax be sufficiant to prove we've met? LOL Its such a silly question but I want to make sure I get everything spot on.

Thanks for any help

Cheers

Trish

First of all, congratulations! So happy that same sex couples can participate in this process now!

1. You'll need a co-sponsor if you don't reside and work in the US, but it seems like you've already taken care of that.

2. Yes, both you and your cousin must complete I-134s. You cousin must make enough money to support your fiance and anyone else who's dependent on him/her (spouse, kids, etc.) at 125% of the poverty level.

Joint tenancy will certainly be enough to prove your ongoing relationship! Btw, check if your embassy allows direct consular filing (I'm not familiar with the UK), becasue that could save you some time.

EDIT: Another thought. You won't need the I-134 until the interview stage. You don't send it with your I-129F petition, so you should of course think about it now, but you don't need to fill it out now.

Edited July 4, 2013 by sek298

[speaktru69 5]

Thank you for your reply! Yes we've been in Limbo for the last 6 months waiting for the Supreme Courts decision. I'm in the process of sorting all the forms and what to send. My heads spinning. lol

Unfortunately London doesn't do direct filing for I-129f, however we can complete the K-1 visa process in London.

My cousin does reach the 125% poverty limit which is great as I'm going to contact her soon to get the form and evidence completed by her and sent to me.

Another quick question: Do I use my UK address on the I-129f petition or a US address.

Thanks again

Cheers

Trish

[SenA 10]

Thank you for your reply! Yes we've been in Limbo for the last 6 months waiting for the Supreme Courts decision. I'm in the process of sorting all the forms and what to send. My heads spinning. lol

Unfortunately London doesn't do direct filing for I-129f, however we can complete the K-1 visa process in London.

My cousin does reach the 125% poverty limit which is great as I'm going to contact her soon to get the form and evidence completed by her and sent to me.

Another quick question: Do I use my UK address on the I-129f petition or a US address.

Thanks again

Cheers

Trish

Maybe someone with more knowledge can chime in about the address to use. I've heard that it's best to use a US address, but I'm not really qualified to give an answer since I currently live in the U.S. and filed from here.

As I mentioned before, you'll want to wait a bit to get your cousin to fill out the I-134 and get her evidence together, since the petition often takes 6 months or more to process, and by the time you get to the interview, her info might be outdated. The consulate will want to see a recent I-134, and a recent letter of employment, etc. With your current timeline, it's likely your fiancee will be interviewing next year, so you have plenty of time to gather all that together.

Good luck!

[Nich-Nick 3,354]

Have you thought about marrying in the states, then returning to the UK and filing a spouse visa petition at USCIS London office. Faster if a trip to the US Isn't too expensive or a bother. Maybe have a vacation soon and see family in the US?

[speaktru69 5]

My partner cannot fly to US without a visa (visa waiver violation of 1 day back in 2004. My fault for miscounting days on night flight), plus the cost is too much to fly. We have no problem marrying in the states, however the K-1 route is more expensive. Plus I have dogs I'm shipping to the states. At the cost of flying them they better be in first class..lol

Thanks for the reply

Cheers

[davemowb 0]

Hey, I'm also a little confused on the I-134 - I realise it's been discussed above but I really want to clarify - my fiancee doesn't have an adequate income/assets etc. to prove I wont become a public charge when I arrive in the USA, and so her stepfather will be a co-sponsor - her stepfather DOES have the required income/assets etc to guarantee I won't become a public charge - so when filling out the I-134 , what do we have to complete? My fiancee will definitely not be able to sponsor me - so do we still have to complete an I-134 for her, with all her evidence (bank account, pay etc) - just to prove she CAN'T sponsor me, and then do one for her stepdad with his supporting to prove he CAN support me? It would seem pretty pointless to me to collect and submit all that evidence for her just to prove she doesn't have the necessary assets, or do they need that to show why she can't sponsor me and therefore why her stepfather is co-sponsoring? I hope that makes sense, would massively appreciate any help anyone can give me

Dave.

[Nich-Nick 3,354]

Hey, I'm also a little confused on the I-134 - I realise it's been discussed above but I really want to clarify - my fiancee doesn't have an adequate income/assets etc. to prove I wont become a public charge when I arrive in the USA, and so her stepfather will be a co-sponsor - her stepfather DOES have the required income/assets etc to guarantee I won't become a public charge - so when filling out the I-134 , what do we have to complete? My fiancee will definitely not be able to sponsor me - so do we still have to complete an I-134 for her, with all her evidence (bank account, pay etc) - just to prove she CAN'T sponsor me, and then do one for her stepdad with his supporting to prove he CAN support me? It would seem pretty pointless to me to collect and submit all that evidence for her just to prove she doesn't have the necessary assets, or do they need that to show why she can't sponsor me and therefore why her stepfather is co-sponsoring? I hope that makes sense, would massively appreciate any help anyone can give me

Dave.

If you live in the UK and will interview in London, then she would not have to fill out an I-134 or provide evidence that is useless, as you say. I do not know the customs of other consulates. They all differ in what they expect. Best to ask in a regional forum for your country.

Put your country in your timeline so a flag appears and we can know where you will be interviewing. It helps people replying to you. If you were flying the Union Jack, I could have answered you in the first sentence without all the other disclaimers.

[NikLR 13,227]

Hey, I'm also a little confused on the I-134 - I realise it's been discussed above but I really want to clarify - my fiancee doesn't have an adequate income/assets etc. to prove I wont become a public charge when I arrive in the USA, and so her stepfather will be a co-sponsor - her stepfather DOES have the required income/assets etc to guarantee I won't become a public charge - so when filling out the I-134 , what do we have to complete? My fiancee will definitely not be able to sponsor me - so do we still have to complete an I-134 for her, with all her evidence (bank account, pay etc) - just to prove she CAN'T sponsor me, and then do one for her stepdad with his supporting to prove he CAN support me? It would seem pretty pointless to me to collect and submit all that evidence for her just to prove she doesn't have the necessary assets, or do they need that to show why she can't sponsor me and therefore why her stepfather is co-sponsoring? I hope that makes sense, would massively appreciate any help anyone can give me

Dave.

Just for future reference you may want to start your own thread vs hijacking one. But I'll grab your question.

But in general the petitioner (your fiancée) always has to sign a completed affidavit of support (both the I-134 for the K1 visa and then later the I-864 for the AOS), If she has to get a joint sponsor (should the embassy/consulate accept joint sponsors for K1) then they also fill out the affidavits of support.

If she doesn't make enough it doesn't matter, she still has to sign a completed affidavit of support form and provide documentation that she doesn't make enough to either file or complete the requirements.

This may vary by consulate of course.

[davemowb 0]

Hey - sorry for hijacking, I'm new to posting and even though I managed to start my own thread the other week, I couldn't for the life of me work out how to do it again. So thanks for both the answers above, although obviously you both have different answers - my understanding of it has been what NikiR said - have an affadavit for each - but obviously Nich Nick said something different :-/

[baron555 934]

Hi All,

2) My cousin has offered to be a sponser for her, Do both my cousin and I need to complete seperate I-134 forms?

Yes both of you complete a 134.

Just a question regarding I-129f petition.

What do I need to prove for ongoing relationship?

Read the Guides and the Sticky Notes. This is a very basic question with plenty of answers already posted.

Will joint tenancy and council tax be sufficiant to prove we've met?

No, only that you have joint tenancy. Other proof of meeting in person are found as descirbed above. Do your homework.

LOL Its such a silly question but I want to make sure I get everything spot on.

Thanks for any help

Cheers

Trish

[Nich-Nick 3,354]

So thanks for both the answers above, although obviously you both have different answers - my understanding of it has been what NikiR said - have an affadavit for each - but obviously Nich Nick said something different :-/

I speak from five years experience with people/stories about the embassy in LONDON only. What they require in Montreal, Manila, or Juarez may be totally different that what people interviewing in London report. Things like--"they handed back my stuff saying 'this won't be necessary' and just kept my joint sponsors I-134."

You may certainly put together an I-134 and turn it in. When you do adjustment of status, the I-864 has stricter specified rules that the sponsor/spouse must complete a form, even with zero income. The Foreign Affairs Manual says little about a fiancé sponsorship other than the consulate officer must be convinced that the applicant will have sufficient funds so as not to become a public charge. This is London's page about public charge. http://london.usembassy.gov/faffidavit.html

Edited July 10, 2013 by Nich-Nick

[davemowb 0]

Ok, thanks for that Nich-Nick - I defer to your experience - reading the London page it does seem that the sponsor of the citizen can be anyone and not specifically the fiancee + co-sponsor, which means I should just arrange for my fiancee's stepfather to complete the affidavit. Thanks for your help, I certainly appreciate it!!!