I-134 Sponser Question

[HNW 0]

Hello, I have a question about the I-134. My fiancé is trying to move here from South Korea. I worked and lived there for many years before getting sick last summer and moving back home. I am still recovering, but have spent my savings on medical bills and I am not able to work at the moment. Can I still file? My fiancé has a stable job and enough savings and income to support us while I still recover. Is that enough for us to file successfully?

 

Also, I will be flying back to SK in March for our Korean ceremony. Should we hold off on the K-1 visa and just apply for the I-130 after that ceremony? We were hoping to get married in America before the Korea ceremony and to start looking for a house together

 

Thank you

Edited June 26, 2017 by HNW

[Ben&Zian 4,398]

The I-134 is used to show you the petitioner are able to support the incoming immigrant.

 

The immigrants savings/work/job does not apply at all to this and wouldn't be taken into account.

 

A co-sponsor is your best bet.

[KULtoATL 1,551]

Yes you can file but you'll need to find a co-sponsor for the I-134 while you still remain the main sponsor.

[HNW 0]

What kind of qualifications are needed for a co-sponser?

[Coco8 1,042]

16 minutes ago, HNW said:

Also, I will be flying back to SK in March for our Korean ceremony.

Is this an engagement ceremony? If this is some marriage ceremony, you should get a spousal visa, not a fiance visa.

 

If you are worried about money, a spousal visa takes 12-14 months but he can start working when he gets to the US. A K-1 is much more expensive and he will be able to start working 3-4 months after marriage in the US.

 

12 minutes ago, HNW said:

What kind of qualifications are needed for a co-sponser?

US citizen

 

Household income above 125% poverty line. It varies by state. 

 

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-3.html

 

Edited June 26, 2017 by Coco8

[HNW 0]

9 minutes ago, Coco8 said:

Is this an engagement ceremony? If this is some marriage ceremony, you should get a spousal visa, not a fiance visa.

 

If you are worried about money, a spousal visa takes 12-14 months but he can start working when he gets to the US. A K-1 is much more expensive and he will be able to start working 3-4 months after marriage in the US.

 

 

 

It is a wedding Ceremony. Does the 12-14 months mean that he should stay in Korea for another year? And that he can start to work immediately after arriving? Thank you 

Edited June 26, 2017 by HNW

[Coco8 1,042]

2 minutes ago, HNW said:

It is a wedding Ceremony. Does the 12-14 months mean that he should stay in Korea for another year? 

If you are getting married you cannot apply for a K-1. You have to apply for a IR-1/CR-1

 

Yes, he has to stay there for 12-14 months from the moment you send your application packet. You can start putting everything together now and finish when you are together in Korea (it needs information from both of you). When you get back to the U.S. you can mail it because it goes to an U.S. address.

 

5 minutes ago, HNW said:

 And that he can start to work immediately after arriving? 

Yes, he will be able to work almost immediately. He will get his green card in the mail. He will need to get a social security number. But those are minor things compared to a K-1. 

 

By the way, if he keeps his job in Korea and ties there, he can visit you in the US for holidays. 

 

 

 

 

[geowrian 22,338]

11 minutes ago, HNW said:

It is a wedding Ceremony. Does the 12-14 months mean that he should stay in Korea for another year? And that he can start to work immediately after arriving? Thank you 

You cannot get married and obtain or use a K-1 visa. If you are getting married outside of entering with K-1 status, then you must wait until you are married then file for the CR-1. ETA: 12-14 months after filing.

 

Based on your planned timeline, it's likely that a K-1 visa would be issued before then so you can use that, marry in the US, and file for AOS + AP + EAD. However, he cannot leave the US until AP is obtained (3-4 months after filing for AOS), nor work until and EAD is in obtained (3-4 months after filing). It's very likely that he will not be able to enter on a K-1 and be able to go to SK for a renewal ceremony in March. You will either need to adjust the timelines for the renewal ceremony in SK, or marry and go for a CR-1 instead of a K-1.

 

Upon being granted and using a CR-1 visa to enter the US, he will have LPR status and can work and travel immediately. The physical green card will arrive in the mail later, but he will get an I-551 stamp to act as a temporary green card for 1 year. No AOS is necessary with a CR-1.

Edited June 26, 2017 by geowrian