Confusion with I-134 and I-864

[Chris U 0]

So my wife to be and I are crushed when we thought that we had followed all of the instructions to the T, only to find out that when she had her interview this morning, the visa was DENIED! 

According to all of the emails and such that we have received, my co-sponsor and I needed to both fill out the I-134. 

But according to the embassy, the I-864 form was supposed to be filled out. I am not sure if that is what was needed to be filled out instead, but I am dazed and so frustrated/angry that this is the first time I'm hearing about this form! Do my co-sponsor and I both need to fill it out or just the co-sponsor?

Also, they marked denial of the visa due to lack of W-2, 1040 form, and a letter explaining the relation to us both and their willingness to do so, but we included all of those things!

They also mentioned that what my co-sponsor and I made isn't enough and a new sponsor would need to be found. Is it the combined amount that needs to be above the poverty level or how exactly does that work?

 

Any help and clarification would be much appreciated at this very difficult moment of our lives.

 

Thank you

[Crazy Cat 42,209]

In what country was the interview conducted?

[Marzena & Stephen 544]

@Chris U

I believe it depends on how large the household size is.. the minimum $ raises a bit when you have more people in the household. That's the first part I'd look at. And also any federal assistance money cant be included.

I am not sure if it's a combined or single income though.

 

 

 

 

[aleful 1,905]

hi

 

the i864 is the affidavit for spousal petition and family petition, you will need to fill out the i864 when you've married and adjusting status of your spouse

 

the i134 is the affidavit of support you and your joint sponsor needed to fill out, one each, there is no combining income on fiancé visa.

 

there will be a way to combine income on the i864 if you have a direct family member that live in your same house, it would have to be a parent or sibling that live in the same house, and the household member would fill out the i864A and you the i864 as the sponsor and petitioner

 

did each of you send W2s, taxes, employment letter if possible, and optional and paystubs?

 

if the joint sponsor doesn't make enough to cover your fiancé, then you will need to find another joint sponsor

 

 

[Chris U 0]

2 hours ago, missileman said:

In what country was the interview conducted?

Conducted in Guatemala

[Chris U 0]

1 hour ago, aleful said:

hi

 

the i864 is the affidavit for spousal petition and family petition, you will need to fill out the i864 when you've married and adjusting status of your spouse

 

the i134 is the affidavit of support you and your joint sponsor needed to fill out, one each, there is no combining income on fiancé visa.

 

there will be a way to combine income on the i864 if you have a direct family member that live in your same house, it would have to be a parent or sibling that live in the same house, and the household member would fill out the i864A and you the i864 as the sponsor and petitioner

 

did each of you send W2s, taxes, employment letter if possible, and optional and paystubs?

 

if the joint sponsor doesn't make enough to cover your fiancé, then you will need to find another joint sponsor

 

 

But they are saying they require it (I-864) now in order to consider a "Pardon" for the denial of the visa. Im off in another state studying for school and my father filed as my co-sponsor. We sent in 1040s, I sent my W2, my father owns his own business (which makes enough to cover the minimal poverty level and more) so he didnt have to file a W2, I sent an employment letter with paystubs. 

And for the new joint sponsor, they need to file the i864 with me then?

 

[aleful 1,905]

your dad's business doesn't count, how much individual income did he make?

 

there is no pardon,  your fiancé was probably put in administrative processing until you send what is required.

 

the visa hasn't been denied, if it had been really denied, they wouldn't have requested additional documentation. they are withholding the case until you send the proper forms and evidence. once they review that evidence and everything is ok, they will grant the visa. this is only a delay

 

you need to send the appropriate affidavit of support which is the i134

 

 

[Chris U 0]

1 minute ago, aleful said:

your dad's business doesn't count, how much individual income did he make?

 

there is no pardon,  your fiancé was probably put in administrative processing until you send what is required.

 

the visa hasn't been denied, if it had been really denied, they wouldn't have requested additional documentation. they are withholding the case until you send the proper forms and evidence. once they review that evidence and everything is ok, they will grant the visa. this is only a delay

 

you need to send the appropriate affidavit of support which is the i134

 

 

His income comes from the family business (daycare). 

So it's not denied? Thats a relief. Now if I can only get through to her right now to explain. 

Any idea on a timetable on how long this will take to process? Considering we get all the missing documentation quickly.

But still on the paper that they gave her, it states that we need the i864.

And she needs a background check from her time in Argentina where she provided service as a missionary for the church. but that was a few years ago and we arent sure about how to get that without emptying the bank to travel there.

 

 

[aleful 1,905]

even if his income comes from the business, it's not the business' taxes that he needs to show, but his individual income. how much did he make in 2016?

 

there is no timetable for administrative processing, it can take weeks or months, there is no limit

 

she need to send police certificate from anywhere she has been living for over 6 months

 

that is really strange because the i864 is for spousal visa not the fiancé visa, send it if you have to, but that is really not the right affidavit of support

 

make a copy and send the letter with all that was required.