Post-Filing Back Injury

[JMcGrew92 0]

Hi everyone. Me and my fiancé filed back in December of 2017 and are expecting the NOA2 to come in very soon. When we filed I had had a job as a welder since March of the same year, and had held it all the way up until now. Sometime in March of this year however I suffered a back injury that laid me down for a while. I am currently still recovering from it. This injury happened at work and was immediately documented  and soon after medical treatment was sought after. In any case the company I work for decided this was not a workman's comp case and is making a really big unnecessary issue out of all this for themselves, so the likelyhood of my employment continuing here is slim to none, and slim left town. I'll spare the details and politics of all that and just say I have a very one-sided lawsuit on my hands now with the odds heavily in my favor. But this still leaves me unemployed and recovering from a serious back injury that IS in fact healing and will fully recover at some point due to the nature of its circumstances. Where does all this leave me with the K1's later points in requirements of the I-134 and the I-864 and what kind of measures could I take to help ensure my Finnish love can still come over here to live with me? Any comments, ideas, and opinions are greatly appreciated.Thank you and God bless.

[TNJ17 1,329]

Get a co-sponsor. Plain and simple. It looks like you won’t be getting a job anytime soon, at least in time for the next part so you need to start shopping for a co-sponsor now and start the paperwork or you’re gonna add a lot of time to your case. 

[JMcGrew92 0]

I believe i have a really good candidate for a co-sponsor. My mom has told me that she'd do anything she could to help us, I just need to know where to start with making her a co-sponsor, and what the requirements for a co-sponsor are such as is there a certain annual amount they need to make in order to meet the criteria.

 

[Bladeness 32]

On 7/16/2018 at 12:14 AM, JMcGrew92 said:

I believe i have a really good candidate for a co-sponsor. My mom has told me that she'd do anything she could to help us, I just need to know where to start with making her a co-sponsor, and what the requirements for a co-sponsor are such as is there a certain annual amount they need to make in order to meet the criteria.

 

Yes, technically a co-sponsor has to meet the same requirements you would be if you were the only sponsor. I provided a picture of the poverty guidelines below. For the visa interview, your mom has to meet the 100% income requirement of her household size (it then goes to 125% once you file for AOS). 

 

Because you're the petitioner you will still be filling out a I-134 form although you don't currently meet the income requirements!  But your mother will also fill out the same form, just with her information. You both with fill out the same form - just separately (that's where a lot of people get confused sometimes). 

 

There are forums on here to get more in depth information about co-sponsors if you need it! (My mom is also going to be my co-sponsor)  

[JMcGrew92 0]

1 hour ago, Bladeness said:

Yes, technically a co-sponsor has to meet the same requirements you would be if you were the only sponsor. I provided a picture of the poverty guidelines below. For the visa interview, your mom has to meet the 100% income requirement of her household size (it then goes to 125% once you file for AOS). 

 

Because you're the petitioner you will still be filling out a I-134 form although you don't currently meet the income requirements!  But your mother will also fill out the same form, just with her information. You both with fill out the same form - just separately (that's where a lot of people get confused sometimes). 

 

There are forums on here to get more in depth information about co-sponsors if you need it! (My mom is also going to be my co-sponsor)  

ok so to my understanding, I will fill out an I-134 even though i will be unemployed and my mom will also fill out an I-134. Is there any cause for an I-864 then?

 

[TNJ17 1,329]

I-134 is for visa interview process. I-864 is for AOS after marriage. Both petitioner and co-sponsor fill both forms out at each stage. 

[Bladeness 32]

6 hours ago, JMcGrew92 said:

ok so to my understanding, I will fill out an I-134 even though i will be unemployed and my mom will also fill out an I-134. Is there any cause for an I-864 then?

 

• Depending on the embassy/checklist that they will send to your fiancee. You can go under Office Reviews & Info at the top and put in the specific embassy that you think the interview might be at and read the reviews and you might get good informations from there. Either way, YES. You yourself will also fill out a I-134 form although you're unemployed/don't meet the requirements because you're the petitioner (You would have to do the same with I-864 also at the time of AOS {or if you decide to include it for the interview} even if you were still unemployed/don't meet requirements.  

 

• For example: My fiance is Canadian and one of the reviews said one of the interviewers were upset that they didn't also have the I-864 in hand when they're there for the visa interview.  It confuses people.. Therefore, I'm going to look a bit more into it (I also email the specific embassy where the interview will be held and asked). 

 

• The reason they even have these forms as two separate forms are for these reasons..  Visa interview = Form I-134     AOS = Form I-864

If you aren't sure/can't get a straight answer, just go ahead and both you and your mother can fill out both types of forms separately and just bring them. Then your fiancee will have both just in case they ask for I-864, but I doubt it considering the I-134 is for the visa interview. Whatever makes her more comfortable at the interview, never hurts to be a little extra prepared.   (You can also probably find packet 3 & 4 on the specific embassy site pertaining to your fiancee to see what they ask for ahead of time!)

 

 ~ P.s. If you and your mother have the same principal residence, have her fill out form I-864A (If you guys decide to fill them out just in case)!