November 2017 I-129F Filers, Part II

[Greenbaum 12,259]

13 minutes ago, Ben & Jela said:

Hey guys...I have a quick question on the 134 and using a co-sponsor... @Greenbaum @K1visaHopeful anyone else in the know  

 

Do we count those in the household of the co-sponsor PLUS myself and fiance? Or JUST their (co-sponsor) household and fiance household?  I *thought* I knew this answer, but was just confused by my lawyer (that situation is so frustrating in itself!) so wanted to clarify with those that actually know...

Here is a good source to calculate your household size https://www.***removed***/affidavit-of-support/household-size.html

[K1visaHopeful 2,817]

11 minutes ago, Ben & Jela said:

@K1visaHopeful So we combine household sizes? Not sure what you mean? The Co-sponsor has to add the foreign beneficiary to their household size on their I134 and the petitioner has to add the beneficiary to their household size on their separate I134. Even though we dont live in the same house? (just trying to clarify here..) Everything I have come across to this point said only who is claimed on taxes (i.e. Her household Plus fiance) would be the household size. And my income would cover myself and my household. Is this not right?

Ie Co-sponsor has a spouse and one child who they have claimed on their taxes so their household size would be 4 ppl including the foreign beneficiary. When they fill out their OWN I134 for the foreign beneficiary they would state 4 in their household and have to meet the financial requirements for 4 ppl.

The petitioner has just themself who they claimed on their taxes so their household size would be 2 ppl including the foreign beneficiary. When they fill out their OWN I134 for the foreign beneficiary they would state 2 in their household and have to meet the financial requirements for 2 ppl.

 

If you are using a co-sponsor they fill out a separate I134 and the petitioner fills out a separate I134 and both are submitted at the interview.

 

 

Edited August 8, 2018 by K1visaHopeful

[Ben & Jela 140]

Okay @K1visaHopeful Our situation is my co-sponsor(1)  has 3 children plus herself, plus my fiance (1) = 5 in the household. She makes enough to sponsor that amount. But my lawyer just now emailed (actually his paralegal...and she's driving me nuts!) saying she has to make enough to sponsor 7 (adding myself and my child). Which I believe to be wrong. 

 

We are filling out the 134 and ready to schedule our interview and this is the first time she has said this...so its a bit stressful to say the least. She should have brought this up MUCH earlier in the process if this were the case. 

 

So my question and to clarify is are we okay as is? With the above based info and situation, she needs to earn enough to sponsor 5 correct? Not 7.

 

Just saw your edited answer...Yes - we are both filling out separate 134. Its the household size that has just come into question.

Thank you in advance.

Edited August 8, 2018 by Ben & Jela

[K1visaHopeful 2,817]

10 minutes ago, Ben & Jela said:

Okay @K1visaHopeful Our situation is my co-sponsor(1)  has 3 children plus herself, plus my fiance (1) = 5 in the household. She makes enough to sponsor that amount. But my lawyer just now emailed (actually his paralegal...and she's driving me nuts!) saying she has to make enough to sponsor 7 (adding myself and my child). Which I believe to be wrong.

By what you have wrote, you have made it sound like your petitioner has no income and is financially dependent on the Co-sponsor. If that is true and your petitioner has no income and the co-sponsor is financially responsible for your petitioner then yes. 

1) The Co-sponsor

2) Co-sponsor's child 1

3) Co-sponsor's child 2

4) Co-sponsor's child 3

5) Your Petitioner

6) The foreign beneficiary (you, K1)

7) The foreign beneficiary's child (K2)

So yes, that makes 7.

 

 

We are filling out the 134 and ready to schedule our interview and this is the first time she has said this...so its a bit stressful to say the least. She should have brought this up MUCH earlier in the process if this were the case. 

 

So my question and to clarify is are we okay as is? With the above based info and situation, she needs to earn enough to sponsor 5 correct? 5 is definitely not correct. Maybe 6 but not 5. Not 7.

If you can clarify whether or not your petitioner has been claimed on the co-sponsor's taxes as a dependent already that would be helpful. Otherwise I'm not sure I understand why you have included the USC petitioner in the cosponsor's household size.

 

Edited August 8, 2018 by K1visaHopeful

[Ben & Jela 140]

4 minutes ago, K1visaHopeful said:

 

@K1visaHopeful  Sorry, no - I am not sure how I made it sound I have no income. I do. Just barely short of the requirement...

 

I (Petitioner) am not claimed on anyone elses tax return. Separate household totally and separate income.

Co-sponsor claims only her 3 children on her tax return and has her own income.

 

My lawyer is saying we have to have the income to support household of 7 (I believe this is wrong)

I believe it should be 5 (co-sponsor, 3 kids plus fiance)

 

My household of 2 (myself and child) is NOT part of my co-sponsors in any way - but lawyer is now saying it is...so became confused.

Edited August 8, 2018 by Ben & Jela

[K1visaHopeful 2,817]

17 minutes ago, Ben & Jela said:

Sorry, no - I am not sure how I made it sound I have no income. I do. Just barely short of the requirement...

Hold on! I get it. You definitely weren't clear in the beginning if you were the USC or the bene, lol. Why have you included the USC petitioner (yourself) in the Co-sponsor's household?

1) The Co-sponsor

2) Co-sponsor's child 1

3) Co-sponsor's child 2

4) Co-sponsor's child 3

5) The foreign beneficiary (K1)

 

So that makes 5 in the Co-sponsor's household.

 

Think of it like this: the Co-sponsor will be responsible for "fostering" the foreign beneficiary and any K2's should there come a time that the USC petitioner is financially unable to. USCIS could care less about if the USC petitioner can support themselves. They are already a US citizen and are entitled to government programs. They just dont want to have to be responsible for any foreigners. Hence the need for a promise by a co-sponsor to be financially responsible for the foreign beneficiary and k2's if the petitioner is unable. 

Your household would be 3.

1) USC petitioner 

2) K1 Foreign Beneficiary

3) Petitioner's USC child

 

That's the problem by using the word "fiance" in these forums. It never describes who you are talking about. 

Edited August 8, 2018 by K1visaHopeful

[Ben & Jela 140]

9 minutes ago, K1visaHopeful said:

Why have you included the USC petitioner (yourself) in the Co-sponsor's household?

I didn't - my lawyers paralegal just emailed me informing me this is required (to include me) - AND I think she's wrong, so wanted clarification (so asked here)

1) The Co-sponsor

2) Co-sponsor's child 1

3) Co-sponsor's child 2

4) Co-sponsor's child 3

5) The foreign beneficiary (K1)

6) The foreign beneficiary's child (K2) (so since there are no dependents for beneficiary the household size for our co-sponsor would be 5, correct?)

So that makes 6 in the Co-sponsor's household.

 

Think of it like this: the Co-sponsor will be responsible for "fostering" the foreign beneficiary and any K2's. USCIS could care less about if the USC petitioner can support themselves. They are already a US citizen and are entitled to government programs. They just dont want to have to be responsible for any foreigners. Hence the need for a promise by a co-sponsor to be financially responsible for the foreign beneficiary and k2's if the petitioner is unable. 

I agree 100% Just wanted to make sure I wasn't crazy - because our lawyer is making us feel crazy! Definitely would NOT recommend using a lawyer for this process, and we would not have if we'd found this group and read up on it before filing.

 

Yipes! Sorry for not being clearer @K1visaHopeful it was very clear in my mind

Yes - I am the USC (petitioner) Sorry!

 

And YES! 5 THAT is what I thought!! Arrghhh...after having a slight heart attack receiving that crazy email from our lawyers paralegal this morning. Thank you for mucking it out with me and clarifying what I thought!  

Edited August 8, 2018 by Ben & Jela

[K1visaHopeful 2,817]

1 minute ago, Ben & Jela said:

 

I edited my post above.

[K1visaHopeful 2,817]

9 minutes ago, Ben & Jela said:

Yipes! Sorry for not being clearer @K1visaHopeful it was very clear in my mind

Yes - I am the USC (petitioner) Sorry!

 

And YES! 5 THAT is what I thought!! Arrghhh...after having a slight heart attack receiving that crazy email from our lawyers paralegal this morning. Thank you for mucking it out with me and clarifying what I thought!  

Haha no problem! The answer is five, cinco,

cinq or 5. Not 7. 

Your lawyer and paralegal must be buddies with our infamous Mr.Bean. 

Please tell me you are only retaining them until you have Visa in hand and not any further, right?

[Ben & Jela 140]

10 minutes ago, K1visaHopeful said:

Haha no problem! The answer is five, cinco,

cinq or 5. Not 7. 

Your lawyer and paralegal must be buddies with our infamous Mr.Bean. 

Please tell me you are only retaining them until you have Visa in hand and not any further, right?

haha...I think you're right! She's been a mess!! And YES - we wont retain them further, this is insane! And beyond stressfull!!

We retained them before we knew much about the process and after paying, thought well, its better to have someone that does this daily to look over our 134 (they ONLY do immigration law) especially since we had already paid them. Anyways...she recently sent our financial packet to me in the mail (they are from another state...we dont have any immigration lawyers near me) and its full of mistakes! I had 8 sticky notes highlighting errors she made and blanks she left. Was NOT happy at all. So emailed her a list of all the errors - she then informed me to just hand write in the things she left blank! And being so particular about things myself, I couldn't believe it! Told her I was not okay with this. So needless to say this is just another issue to add to the reasons why NOT to use a lawyer.

 

She is totally stressing me out, as I wanted to have sent this packet to my fiance by now. We just received packet 3 email that we had been waiting for all this time, so he can now schedule his interview - BUT here we are and I STILL have the packet with me. Paralegal is 'making corrections' - but I am about done with that. I have already corrected all the errors and am wanting to go over things once more with my fiance before sending across.

 

I do have another question (Lawyers office left these boxes blank) when filling out the "wholly dependent" or "partially dependent" on the 134, what would we mark? My co-sponsor does not receive any child support for her 3 children, so would that be "wholly dependent"? I do receive child support, so would that be "partially dependent"? OR is that not how its decided? Any idea?

[K1visaHopeful 2,817]

8 minutes ago, Ben & Jela said:

haha...I think you're right! She's been a mess!! And YES - we wont retain them further, this is insane! And beyond stressfull!!

We retained them before we knew much about the process and after paying, thought well, its better to have someone that does this daily to look over our 134 (they ONLY do immigration law) especially since we had already paid them. Anyways...she recently sent our financial packet to me in the mail (they are from another state...we dont have any immigration lawyers near me) and its full of mistakes! I had 8 sticky notes highlighting errors she made and blanks she left. Was NOT happy at all. So emailed her a list of all the errors - she then informed me to just hand write in the things she left blank! And being so particular about things myself, I couldn't believe it! Told her I was not okay with this. So needless to say this is just another issue to add to the reasons why NOT to use a lawyer.

 

She is totally stressing me out, as I wanted to have sent this packet to my fiance by now. We just received packet 3 email that we had been waiting for all this time, so he can now schedule his interview - BUT here we are and I STILL have the packet with me. Paralegal is 'making corrections' - but I am about done with that. I have already corrected all the errors and am wanting to go over things once more with my fiance before sending across.

 

I do have another question (Lawyers office left these boxes blank) when filling out the "wholly dependent" or "partially dependent" on the 134, what would we mark? My co-sponsor does not receive any child support for her 3 children, so would that be "wholly dependent"? Yes. I do receive child support, so would that be "partially dependent"? Yes. OR is that not how its decided? Any idea?

I'd save yourself some trouble and fill the I134's out yourselves based on your supporting documents. 

I wouldnt trust bringing any document filled out by them after your story. Do it yourself and if you get stuck ask us here.

Fire them yesterday. 

[Sandy05 24]

6 hours ago, HTMW said:

I’m still on hold pending security checks - day 296. I know it sucks and you feel like there’s no end in sight.

 

No matter how long the wait is, an answer will eventually be given.

 

Good luck to you.

Im sorry you are going through this too. Thank you for the support, it helps to know we aren't alone in feeling this way. Wishing you a speedy approval soon! 

[Ben & Jela 140]

Thanks @K1visaHopeful I think you are right....this is too stressful to have to argue something that even logically doesn't make sense to someone with immigration law experience that is supposed to know better. Thanks again for all your help!

[AnGrig 5]

Hello guys,

Does any ticket received from the police during the k1 process affect the case? Have you had similar experience?

Any help will be highly appreciated.

[BJ & Christine 1,392]

2 hours ago, AnGrig said:

Hello guys,

Does any ticket received from the police during the k1 process affect the case? Have you had similar experience?

Any help will be highly appreciated.

As far as I am aware civil infractions have no bearing on ur case (traffic ticket). Only criminal offenses show up (assault, burglary, mip, dui)