one stop shopping for I-134 question?

[CutienPurg 0]

Over and over I read the same questions regarding the I-134 and the answers seem to vary and occasionally conflict. I'm hoping that maybe we can get some definitive answers in one place.

The instructions do not require tax returns unless you are self employed. How will a sponsor know if their consulate requires them? Will consulates requiring tax returns ask for them specifically? If a consulate does not ask for tax returns could a sponsor reasonably assume they will not be required?

Only one sponsor is allowed for the I-134. Is it always a good idea to provide an additional affidavit from the petitioner?

How are assets used? Would 5x the shortfall be required for a k-1 and 3x for a k3? Or would it be a standard 3x?

There is no specific income level listed for the I-134. Ive read the requirement is 100% of the poverty level. It is suggested to shoot for the 125% level so as to qualify later for AOS. Can a CO deny the affidavit if the income level is at least 100% but not 125% ?

That's all I could think of off the top of my head.......Im sure there will be more

[Yodrak 7]

CutienPurg,

Over and over I read the same questions regarding the I-134 and the answers seem to vary and occasionally conflict. I'm hoping that maybe we can get some definitive answers in one place.

Meeting the public charge provisions of the law for non-immigrants is very flexible and highly subjective. There are few definitive answers to most questions.

The instructions do not require tax returns unless you are self employed. How will a sponsor know if their consulate requires them? Will consulates requiring tax returns ask for them specifically? If a consulate does not ask for tax returns could a sponsor reasonably assume they will not be required?

This is the kind of question for which a site like VJ is excellent at providing answers - assembling the anecdotal evidence available from many people's experiences with a particular consulate.

Only one sponsor is allowed for the I-134.

I'm not sure what you mean by this. Only one person's name can go on an I-134?

Is it always a good idea to provide an additional affidavit from the petitioner?

It's always a good idea to be prepared in the event that financial information from the petitioner is asked for.

How are assets used? Would 5x the shortfall be required for a k-1 and 3x for a k3? Or would it be a standard 3x?

Good question. There is no guideline for how to consider assets when evaluating a sponsor for a non-immigrant visa, unless perhaps some individual consulates or consular officers have developed their own.

There is no specific income level listed for the I-134. Ive read the requirement is 100% of the poverty level. It is suggested to shoot for the 125% level so as to qualify later for AOS. Can a CO deny the affidavit if the income level is at least 100% but not 125% ?

Correct, there is no specific income level listed for the I-134. There is a specific income level listed in the FAM for a non-immigrant.

Something people need to understand better - K visas are non-immigrant visas, and non-immigrants require a sponsor only if they do not have sufficient financial resources of their own. Beyond that, when a sponsor is required (which is most of the time in K-visa cases), I-134 is optional at the discretion of the consular officer processing the visa application. It is quite possible for a K-visa applicant to not need a sponsor, and it's quite possible for a sponsor to submit financial documentation such that the consular officer can make a decision without an I-134. Such cases are rare, but understanding what the requirements really are can go a long towards answering many of the questions that are asked.

- I-134 is not to a K-visa application what I-864 is to an immigrant visa application - it does not identify the requirement for meeting the public charge provisions of the law. I-134 is simply a vehicle for a sponsor to summarize their financial situation and promise to make their resources available to the visa applicant

- the requirements for an immigrant to meet the public charge provisions of the law are different, and more stringent, from the requirements for a non-immigrant. It is not correct to apply immigrant requirements to non-immigrants. (But it is prudent to realize in advance that the immigrant requirements will come to apply to a K-visa person when the person applies to adjust status after entering the USA.)

Read 9 FAM 40.41 (Public Charge) Notes

Yodrak

[CutienPurg 0]

I'm not sure what you mean by this. Only one person's name can go on an I-134?

what I meant by this was , there cannot be a sponsor plus a joint sponsor.......either you're the sponsor or you're not.....correct?

[Yodrak 7]

CutienPurg,

Good question. I don't know what the INA might say about this, the FAM says,

"An applicant may also support a finding that he or she meets the public

charge requirements by:

1. .....

2. Assurance of support by relatives or friends in the United States."

That's plural. But the poverty level income is a pretty low number. How comfortable do you think a consular officer might feel about a visa applicant submitting multiple sponsors none of whom can meet the poverty level for the number of people who are already dependent on them?

As a practical matter, I think one is best advised to propose a single sponsor who is qualified to sponsor rather than a group of co-sponsors none of whom are qualified. And if one has a qualified sponsor then additional sponsors are not necessary.

Yodrak

I'm not sure what you mean by this. Only one person's name can go on an I-134?

what I meant by this was , there cannot be a sponsor plus a joint sponsor.......either you're the sponsor or you're not.....correct?

Edited May 3, 2007 by Yodrak

[CutienPurg 0]

Now wait sec here........it's from your guidance I made the statement about a single sponsor. Are you suggesting now that it may be possible under the law , that a k applicant could have more than one sponsor on an I-134?

[payxibka 10,047]

Now wait sec here........it's from your guidance I made the statement about a single sponsor. Are you suggesting now that it may be possible under the law , that a k applicant could have more than one sponsor on an I-134?

What I think is being said is that it is one person (sponsor) per I-134. I do not think you are precluded from having multiple I-134's, but each on there own affadavit. (Exceptions do apply in some consulates as multiple I-134's will not be considered)

Edited May 3, 2007 by fwaguy

[CutienPurg 0]

what I think is being suggested is that although it may be allowed, it is not recommended to present multiple sponsors who each fall under the acceptable income level.

[payxibka 10,047]

what I think is being suggested is that although it may be allowed, it is not recommended to present multiple sponsors who each fall under the acceptable income level.

That as well.....

[Yodrak 7]

CutienPurg,

Yes, I have frequently written that for non-immigrant visas there is only a sponsor, no such thing as co-sponsors. You won't see that word 'co-sponsor' used any where except for VJ and similar places where the meaning is 'someone other than and in addition to the petitioner', based on the false understanding that for K visas the petitioner must be a sponsor and therefore a 2nd person must be a 'co-sponsor' with the petitioner and therefore there is more than 1 sponsor.

As fwaguy wrote in reply, yes only 1 person (perhaps speaking for a married couple) per I-134.

Yodrak

Now wait sec here........it's from your guidance I made the statement about a single sponsor. Are you suggesting now that it may be possible under the law , that a k applicant could have more than one sponsor on an I-134?