K3 - living abroad w/Wife

[SSinChina 0]

Hiyas all, I've been looking around and trying to figure this out, maybe someone can point me in the right direction I came to China and got married in August of last year, and still live here. I'm currently working as an English teacher (low stress, decent income, and the ability to travel a bit ;-P), but I'm a bit concerned about what to do for the proof of income. I've never been good with money, and I'm going to school via the internet now, so I'm still a student and such. I don't have any relatives to do any co-sponsorship...so what can I do?

[midwesterner27 0]

You will need a co-signer on the I-864 affidavit no ways around it. I know this because I'm in the same boat, same job, and same situation. Best of luck. Andrew

[Reba 2]

do you have a job lined up for you once you get back to the US? If not, you will definitely need a friend to co-sponsor for you. It doesn't have to be family, just a legal permanent resident or US citizen who lives in the US and has enough income to cover the 125% poverty guideline for themself and their household + 1.

Unless you are independently wealthy with about a million dollars in the bank.

[SSinChina 0]

do you have a job lined up for you once you get back to the US? If not, you will definitely need a friend to co-sponsor for you. It doesn't have to be family, just a legal permanent resident or US citizen who lives in the US and has enough income to cover the 125% poverty guideline for themself and their household + 1.

Unless you are independently wealthy with about a million dollars in the bank.

Reba - I can line up a job prior to returning. I might even be able to get a job that'd let me stay out here a few months - product purchasers in the states are always looking for men with feet on the ground, language skills, and shrewd negotiating skills Just so happens I have a contact in that area already.

Let me see if I'm understanding this right - from what I've been reading there actually 2 parts to this (maybe I'm wrong?) First is the I134 which I THINK (not sure...this is awfully complex) is submitted, at least in our case, while we're both abroad. Now for this one, if I get a job a few weeks or months, or whatever prior to coming back then I should be ok for? Provided that it meets the requirements. Then there's the second phase: the I-864 which to my understanding is done in the states typically. My understanding is that the 134 is really not scrutinized too well for whatever reason (I don't really understand this process from the gov't perspective - no idea why there are 2 similar forms?) but that the 864 is very closely looked at by comparison.

If I'm a mile off base here, help me out

[meauxna 15]

do you have a job lined up for you once you get back to the US? If not, you will definitely need a friend to co-sponsor for you. It doesn't have to be family, just a legal permanent resident or US citizen who lives in the US and has enough income to cover the 125% poverty guideline for themself and their household + 1.

Unless you are independently wealthy with about a million dollars in the bank.

Reba - I can line up a job prior to returning. I might even be able to get a job that'd let me stay out here a few months - product purchasers in the states are always looking for men with feet on the ground, language skills, and shrewd negotiating skills Just so happens I have a contact in that area already.

Let me see if I'm understanding this right - from what I've been reading there actually 2 parts to this (maybe I'm wrong?) First is the I134 which I THINK (not sure...this is awfully complex) is submitted, at least in our case, while we're both abroad. Now for this one, if I get a job a few weeks or months, or whatever prior to coming back then I should be ok for? Provided that it meets the requirements. Then there's the second phase: the I-864 which to my understanding is done in the states typically. My understanding is that the 134 is really not scrutinized too well for whatever reason (I don't really understand this process from the gov't perspective - no idea why there are 2 similar forms?) but that the 864 is very closely looked at by comparison.

If I'm a mile off base here, help me out

A half mile?

There are several things going on that you may want to look into further.

If you are petitioning and applying for a K-3 visa, by default you have also begun the Immigrant Visa process. You have no way of knowing right now which case will come to interview first (or which you may prefer if you get a choice).

The affidavits of support generally require you to be domiciled in the US. This can be different from where you reside.

The affidavits of support require an income that will continue in the US, or a combination of income/assets. If you do not meet these standards, no visa may be issued. Alternately, you may present a co- or Joint Sponsor (depending on the affidavit type) but you should be aware that the I-134 for the K-3 visa does not necessarily allow for a second sponsor, and some Consular Officers will require that the sponsor spouse be employed and 'set up' in the US. This can be a challenge for those of us who are living overseas with our spouse. Sometimes, the USC has to go to the US first.

It's not that the I-134 is not scrutinized so much as it is not legally enforcible, and the I-864 is.

The I-134 is for non-immigrant visas (K-3) when requested. The I-864 is for Immigrant Visas and Adjustment of Status.