WEIRD affadavit and co-sponsor situation question

[Homeskin 1]

Hi guys, 

 

My fiance (petitioner) and I (alien beneficiary) are in a bit of a unique situation with the I-134. Basically,

 

- she's recently started employment in the US with a healthy salary (60k) but only been employed since the start of the year. 

- it's a temporary position (but likely to be renewed)

- she was a student so not earning much prior to this

- she doesn't have many savings

- she's never been on benefits

 

I've been employed in the UK permanently for some time

 

Does anyone have experience of this situation? And what's the best course of action - to get a co-sponsor to cover our bases? 

 

Thanks for any advice / signposting to other threads! 

[Ben&Zian 4,398]

I would say get a co-sponsor, while current income is most important and she is making more than enough, as you say it is a "temporary" position, and while likely to be renewed/continued, there is no guarantees and the embassy will take that into account.

[Suss&Camm 2,213]

I agree with Ben&Zian. As a rule of thumb,  if income is not at least 6 months old - look into joint sponsor. I believe the temporary job thing is less of a hindrance depending on how temporary and what the employer would write in the letter - if she had already worked there a while and been renewed I wouldn't see that in itself as a problem. My husband had a temporary contractor position when we were at that stage and the company wrote "there are no planned changes in xx's position for the forsee able future". Your main concern is the lack of history. Definitely joint sponsor imo.

Edited April 28, 2017 by Suss&Camm

[geowrian 22,337]

I agree with both of the above.

 

Also, what's the "WEIRD"/unique situation?

[Wuozopo 4,293]

 

I know that if you get an employer letter stating her job title and that she makes $60,000/yr, London will approve you on that evidence alone. They won't require a long history, a tax return, or another sponsor. Bring a few pay stubs if you like.  

 

[A'n'L 735]

Can she get a letter of employment stating her current salary? London embassy is quite unique at accepting and actually preferring this as the only evidence of sponsorship. You would want to look at getting a co-sponsor unless her employment has become permanent/renewed by the time you file for AOS though.

[Homeskin 1]

Thanks guys - this is all helpful advice. 

 

Not sure what we're going to do yet - and annoyingly the embassy don't answer speculative questions about 'meeting the poverty guidelines.' Annoyingly, her salary completely does, it's just totally unclear as to how embassy officials might view her past history. I'll let you know (for posterity) what we decide to do and how it works out... 

 

H 

[Homeskin 1]

On 4/28/2017 at 4:22 PM, A'n'L said:

Can she get a letter of employment stating her current salary? London embassy is quite unique at accepting and actually preferring this as the only evidence of sponsorship. You would want to look at getting a co-sponsor unless her employment has become permanent/renewed by the time you file for AOS though.

Hi A'n'L - how do you know this? 

 

H 

[A'n'L 735]

32 minutes ago, Homeskin said:

Hi A'n'L - how do you know this? 

 

H 

Being on this forum for two years or so, reading the experiences of everyone going through London.

[Homeskin 1]

14 minutes ago, A'n'L said:

Being on this forum for two years or so, reading the experiences of everyone going through London.

Ah, thanks! Sorry for sounding like a douche. N.B. me being a douche: I am not a douche. 

 

Last question - we're probably going to go with a self employed sponsor who's definitely over the income requirements. I looked at the I-134 guide and it seems like all you need is the last tax transcript (copied below). Is that correct, in which case this is very simple. 

 

Thanks again all! 

 

H

----------------------------------------------------------------------------------------------

 

From the I-134 guide:

 

Supporting Evidence As the sponsor, you must show you have sufficient income or financial resources to assure that the foreign national you are sponsoring will not become a public charge while in the United States. Evidence should consist of copies of any of the documents listed below that apply to your situation. Failure to provide evidence of sufficient income or financial resources may result in the denial of the foreign national’s application for a visa or his or her removal from the United States. Submit in duplicate evidence of income and resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account: (1) Date account opened; (2) Total amount deposited for the past year; and (3) Present balance.

 

B. Statement(s) from your employer on business stationery showing: (1) Date and nature of employment; (2) Salary paid; and (3) Whether the position is temporary or permanent.

 

C. If self-employed: (1) Copy of last income tax return filed; or (2) Report of commercial rating concern.

D. List containing serial numbers and denominations of bonds and name of record owner(s).

 

 

[Wuozopo 4,293]

I've read London experiences even longer. As I said in the post yesterday morning:

 

I know that if you get an employer letter stating her job title and that she makes $60,000/yr, London will approve you on that evidence alone. They won't require a long history, a tax return, or another sponsor. Bring a few pay stubs if you like.  

 

Further London information:

If you get another sponsor, your fiancé does not even have to do an I-134.  If you (immigrant) have a lot of money,  you can sponsor yourself and have no I-134. A 2016 transcript would be sufficient proof of income for a self employed person for a London K1 interview. 

 

[geowrian 22,337]

1 hour ago, Wuozopo said:

I've read London experiences even longer. As I said in the post yesterday morning:

 

I know that if you get an employer letter stating her job title and that she makes $60,000/yr, London will approve you on that evidence alone. They won't require a long history, a tax return, or another sponsor. Bring a few pay stubs if you like. 

I'm sorry, but there is no way to "know" what a CO will decide in any particular case where discretion is involved. The requirement a CO must go by, by law, is that they must believe the intending immigrant will not become a public charge.The I-134 (or I-864 for AOS or a spousal visa) + supporting documentation is a way of providing evidence to meet that requirement. An individual CO can require additional proof of income/assets other than an employment letter. They are permitted to use their discretion to make the public charge determination, and to require additional evidence to make that decision.

 

But as noted, London COs tend to only request the employment letter. Just like in the Philippines where they tend not to even ask for an I-134, you should have one ready with all the supporting evidence in case they do.

Edited April 29, 2017 by geowrian

[Suss&Camm 2,213]

5 minutes ago, geowrian said:

I'm sorry, but there is no way to "know" what a CO will decide in any particular case where discretion is involved. The requirement a CO must go by, by law, is that they must believe the intending immigrant will not become a public charge.The I-134 (or I-864 for AOS or a spousal visa) + supporting documentation is a way of providing evidence to meet that requirement. An individual CO can require additional proof of income/assets other than an employment letter. They are permitted to use their discretion to make the public charge determination, and to require additional evidence to make that decision.

 

But as noted, London COs tend to only request the employment letter. Just like in the Philippines where they tend not to even ask for an I-134, you should have one ready with all the supporting evidence in case they do.

Exactly, I would never advise anyone to not follow the official requirements. You never know when the "unofficial" rules change or what might trigger extra scrutiny in the eyes of a CO. Err on the side of caution and have the officially required documents - if they aren't then requested, all good, if they are, then you are prepared also for this scenario and won't be delayed.

[Homeskin 1]

UPDATE: 

 

Hi guys, 

 

I thought I'd post exactly what happened in case it's useful to anyone in the future - to cut a long story short my application was successful. Nice.

 

On the affidavit of support I went prepared with two filled out: one was my fiance and the other was her Dad. 

In the end they took both affidavits to review (they collect your documents in the first instance and then take them round back). 

 

For each I had the filled out I-134 form and tax returns. I also had a letter of employment for my fiance which they didn't want to review (despite my asking). They took all of the forms to their back office (which is normal practice) and everything was fine - they only request they had was proof that my fiance's Dad and Mum (both were on the tax return) were US citizens (like a passport photocopy).

 

I said I didn't but he said it wasn't a problem and everything got processed as normal. I assume this was to find them more easily on their system or something and the tax return was probably enough. 

 

Conclusion:

I went in there unclear as to whether my fiance's contractor job status and only having worked for 3 months (having been studying before) counted against her despite having a very healthy salary. Unfortunately, I am still none the wiser. 

 

I decided to take a second affidavit (which, in the end, wasn't that difficult as my fiance's Dad's salary was over the poverty limit so all it needed was a completed I-134 form and a copy of his tax return- didn't need proof of assets). My advice is that if you're in any doubt, get hold of these - it's totally worth it for the peace of mind and it makes life much simpler.