Affidavit of Support, co-sponsor and London embassy

[stevensane 10]

Hi all,

I have asked a similar question before but further clarification is needed.

Me and my fiancée (US citizen) are planning to file for a K-1 visa in early September. We have most things in order, but one major problem is that she is not earning over the federal poverty guideline for our situation. She is working part-time, studying part-time and volunteering part-time and currently being supported by her mother and so earns under the required $19,000+ federal guideline. However she will be looking for full-time employment very soon. My question is: if we apply for the K-1 visa in September and she does not get a job earning over the federal guideline until (for example) November, and then we have the interview (for example) in February, would this be a problem? Also, crucially, at what point in the process do we have to file the affidavit of support?

Having her mother as a co-sponsor would be great as she is a high earner, but unfortunately she is a Chinese citizen in the US on a G4 visa working at the UN, and therefore does not have permanent resident status in the US.

Finally, can anyone tell me what number I can call at the London embassy to talk these issues through with an actual person?? That would be hugely appreciated!

Thank you!

[Boiler 46,013]

The income that matters is at the time of the interview.

Have you considered self sponsoring?

IIf you want legal advice you need to talk to a Lawyer, not the Consulate. There is the 'misinformation' line, number on the Consulate web site.

[stevensane 10]

The income that matters is at the time of the interview.

Have you considered self sponsoring?

IIf you want legal advice you need to talk to a Lawyer, not the Consulate. There is the 'misinformation' line, number on the Consulate web site.

Thanks!

What requirements do I have to have to self-sponsor? I only earn about £25,000 per year and only have about £2,500 in savings...

I just want information about the process really, rather than 'legal' advise. Do you think this is the right number: http://london.usembassy.gov/visa_contact_information.html

[Boiler 46,013]

Will your income continue in the US? Not sure they will let you by with so little in savings.

Information about the process is available here and on the Consulate web site.

[lost_at_sea 995]

Hello!

A couple of things... you refer to "applying for the K1" in early September - do you in fact mean you're intending to submit the I-129f petition for fiancé in September? It's going to be quite a few months after that before that is approved, and then you are able to actually apply for the K1 visa at London. The I-129f/K1 is a game of two halves, so to speak. You might want to have a look at this timeline to familiarise yourself: http://www.visajourney.com/content/k1flow

You're not going to need the I-134 until interview stage, as you say.

Anyway - if you want to self-sponsor, you need to have enough savings/assets to cover the shortfall in income at a value of 5 times 125% of the poverty line for your household size. As your continuing US income will be $0, then you'll need 5 x $19387 (if your income was above 0, then it would be the difference to the poverty line times 5 from your annual income).

$19387 assumes a household size of two.

You can see the amount for other household sizes on the poverty guidelines pdf here (it mentions it's for the I-864, but the same values are used for the I-134, and you'll be completing the i-864 at Adjustment of Status anyway, so pays to know now): http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You can read a bit more about assets as sponsorship here: http://travel.state.gov/visa/immigrants/info/info_3183.html#21

It sounds like you don't have enough savings. Do you own property?

Edited July 23, 2013 by lost_at_sea

[Nich-Nick 3,354]

If you apply in September, it will be more likely late spring/almost summer 2014 interview when you present the affidavit of support. Maybe she will have a job by then. The I-134 for fiancés is more flexible. The requirement is to convince the officer you won't go on the dole. There is nothing that requires a sponsor to be a US citizen or permanent resident, so perhaps her mother could be accepted. The stricter requirements will come with adjustment of status and I-864 affidavit of support.

It is impossible to chat with someone knowlegeable by ringing up. They can give you an email code that allows your email to be read by someone more official who is actually in London at the consulate. Here is what London says about the Fiancé affidavit of support http://london.usembassy.gov/faffidavit.html

Edited July 23, 2013 by Nich-Nick

[stevensane 10]

Hello!

A couple of things... you refer to "applying for the K1" in early September - do you in fact mean you're intending to submit the I-129f petition for fiancé in September? It's going to be quite a few months after that before that is approved, and then you are able to actually apply for the K1 visa at London. The I-129f/K1 is a game of two halves, so to speak. You might want to have a look at this timeline to familiarise yourself: http://www.visajourney.com/content/k1flow

You're not going to need the I-134 until interview stage, as you say.

Anyway - if you want to self-sponsor, you need to have enough savings/assets to cover the shortfall in income at a value of 5 times 125% of the poverty line for your household size. As your continuing US income will be $0, then you'll need 5 x $19387 (if your income was above 0, then it would be the difference to the poverty line times 5 from your annual income).

$19387 assumes a household size of two.

You can see the amount for other household sizes on the poverty guidelines pdf here (it mentions it's for the I-864, but the same values are used for the I-134, and you'll be completing the i-864 at Adjustment of Status anyway, so pays to know now): http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You can read a bit more about assets as sponsorship here: http://travel.state.gov/visa/immigrants/info/info_3183.html#21

It sounds like you don't have enough savings. Do you own property?

Hi again! Thanks for your response!

Sorry, still getting to grips with the terminology! I suppose I meant we will be filing the I-129f package in early September.

So basically to self-sponsor I need $100,000 in savings? Definitely don't have that! Perhaps one day in the future!

Thanks again!

[stevensane 10]

If you apply in September, it will be more likely late spring/almost summer 2014 interview when you present the affidavit of support. Maybe she will have a job by then. The I-134 for fiancés is more flexible. The requirement is to convince the officer you won't go on the dole. There is nothing that requires a sponsor to be a US citizen or permanent resident, so perhaps her mother could be accepted. The stricter requirements will come with adjustment of status and I-864 affidavit of support.

It is impossible to chat with someone knowlegeable by ringing up. They can give you an email code that allows your email to be read by someone more official who is actually in London at the consulate. Here is what London says about the Fiancé affidavit of support http://london.usembassy.gov/faffidavit.html

This is something that has confused me! I file the 1-134 (which may allow for my mother-n-law-to-be to co-sponsor on the G4 visa) at the interview, but the I-864 (which doesn't allow for my mother-n-law-to-be to co-sponsor on the G4 visa) is presumably then filed after I have been granted the K-1 and am applying for AoS?? Will I need AoS to be allowed to work in the US?

Being allowed to work in the US and how long that takes after getting married etc is another thing I have been thnking a lot about, but I guess that is not the immediate concern and probably for another thread...

[Nich-Nick 3,354]

Hi again! Thanks for your response!

Sorry, still getting to grips with the terminology! I suppose I meant we will be filing the I-129f package in early September.

So basically to self-sponsor I need $100,000 in savings? Definitely don't have that! Perhaps one day in the future!

Thanks again!

No you don't need that much at all, but 2500 won't do it. Also if she is employed by the interview time, then she can be your sponsor with proof of that employment. It doesn't have to show on a 2013 tax return, which won't reflect the new job and income.

The two affidavits? Visa comes from Department of State and is governed by the Foreign Affairs Manual which says little other than convince the officer you won't become a public charge. Fiancé is a non-immigrant visa.

The permanent residency and work authorization comes from the USCIS which has a whole different set of rules. Do you think she can have a job earning enough by next summer, which is probably the earliest you will be entering the US, married, and filing your adjustment of status (greencard) application.

[stevensane 10]

No you don't need that much at all, but 2500 won't do it. Also if she is employed by the interview time, then she can be your sponsor with proof of that employment. It doesn't have to show on a 2013 tax return, which won't reflect the new job and income.

The two affidavits? Visa comes from Department of State and is governed by the Foreign Affairs Manual which says little other than convince the officer you won't become a public charge. Fiancé is a non-immigrant visa.

The permanent residency and work authorization comes from the USCIS which has a whole different set of rules. Do you think she can have a job earning enough by next summer, which is probably the earliest you will be entering the US, married, and filing your adjustment of status (greencard) application.

I am fairly sure she will have a job by then, yes. Though if, by some really poor luck, she doesn't by the time the interview comes around, would we have to start the whole process again?

I'm starting to get my head around this, but it is confusing! The I-134 is for the visa, and the I-864 is for permanent residence and work authorisation and therefore have two different requirements (i.e. the I-134 seems to allow for a G4 sponsor but the I-864 does not), is that right? I was under the assumption that they both were for different points of the visa application...

Though I'm only 27, I haven't claimed any benefits to date and have been working for years. However I imagine that means little to the USCIS.

[lost_at_sea 995]

Though I'm only 27, I haven't claimed any benefits to date and have been working for years. However I imagine that means little to the USCIS.

You mean as a Brit? Yeah, they don't care. They're only interested in what happens to you once you're in the USA.

Though if, by some really poor luck, she doesn't by the time the interview comes around, would we have to start the whole process again?

No, you can fall-back to a co-sponsor at any point.

[stevensane 10]

You mean as a Brit? Yeah, they don't care. They're only interested in what happens to you once you're in the USA.

No, you can fall-back to a co-sponsor at any point.

"You mean as a Brit? Yeah, they don't care. They're only interested in what happens to you once you're in the USA."

Yeah, as a Brit. I wouldn't have expected them to but it would have been nice!

"No, you can fall-back to a co-sponsor at any point."

Thanks. Again, my co-sponsor is a G4 and so is only a possible option for the I-134. By the time the I-864 and AoS comes around I guess my fiancée will have to have a full-time job because G4s aren't allowed for that it seems.

I really hope this is all academic, because my fiancée should have a full-time job by the time the interview comes around (obviously several months away). I'd be surprised if she did not. But I really appreciate the help and support!

[Boiler 46,013]

Find an eligible sponsor.