K1 Problems

[TonyTT 1]

How much do you guys know about this I-129F that we sign and the possibility that a judge will grant support because I signed it? Take into account hat we only got married and we did not file any paper work for AOS. 

[geowrian 22,337]

11 minutes ago, TonyTT said:

How much do you guys know about this I-129F that we sign and the possibility that a judge will grant support because I signed it? Take into account hat we only got married and we did not file any paper work for AOS. 

An I-129F has nothing at all to do with financial support. The I-134 for the K-1 visa does, but it is not legally enforceable (and it probably wasn't even asked for at the interview...USEM usually doesn't request it). Without an I-864 form AOS being executed, there's no support required due to immigration.

 

That doesn't mean maintenance/spousal support can't be part of a divorce (just like anybody else), though.

[TonyTT 1]

Just now, geowriansaid:

An I-129F has nothing at all to do with financial support. The I-134 for the K-1 visa does, but it is not legally enforceable (and it probably wasn't even asked for at the interview...USEM usually doesn't request it). Without an I-864 form AOS being executed, there's no support required due to immigration.

 

That doesn't mean maintenance/spousal support can't be part of a divorce (just like anybody else), though.

Yeah, but I am talking about a judge that does not know that it's not valid. Is it possible that a judge my think it is? 

[geowrian 22,337]

Just now, TonyTT said:

Yeah, but I am talking about a judge that does not know that it's not valid. Is it possible that a judge my think it is? 

Not if you have a remotely competent divorce lawyer.

 

I'm sure a good lawyer could point to something more definitive within the US, but even the official manual the COs use before issuing the visa explicitly say it's not enforceable.

https://fam.state.gov/fam/09fam/09fam030208.html

(3)  (U) Use of Form I-134, Affidavit of Support: 

(a)  (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably.  Nevertheless, there still are circumstances when Form I-134 will be beneficial.  This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.  Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

 

==========

And from USCIS:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

"Such affidavits, although helpful in judging financial ability, are not legally binding."

[TonyTT 1]

20 minutes ago, geowriansaid:

Not if you have a remotely competent divorce lawyer.

 

I'm sure a good lawyer could point to something more definitive within the US, but even the official manual the COs use before issuing the visa explicitly say it's not enforceable.

https://fam.state.gov/fam/09fam/09fam030208.html

(3)  (U) Use of Form I-134, Affidavit of Support: 

(a)  (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably.  Nevertheless, there still are circumstances when Form I-134 will be beneficial.  This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.  Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

 

==========

And from USCIS:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

"Such affidavits, although helpful in judging financial ability, are not legally binding."

Wow, you're like the best ever. Thanks 

[TBoneTX 45,379]

Two noncontributory posts have been removed.  Please keep replies relevant to the OP's concerns.