Income requirements and co sponsor

[Jenny17655 284]

49 minutes ago, Artelle2019 said:

I thought that the joint sponsor would've had to fill out the same I-134 form. Are all joint sponsors suppose to fill out the I-864 form in the K-1 phase?

Our 221g form specifically asked for a co sponsor to fill out I864

[Jenny17655 284]

45 minutes ago, Diane and Chris said:

Question. Isn’t this just to get the fiancé into the US? Doesn’t the affidavit filed with the AOS the one that would be binding for the sponsor and/or co-sponsor?  What if the co-sponsor changes between K-1 and AOS, or, what if the OP doesn’t need a co-sponsor when filing AOS affidavit of support?  

Good question 

[angelbrown 195]

23 hours ago, Jenny17655 said:

My fiance attended his visa interview on Thursday.  We were put into AP and a second interview is required.  On his form 221g the CO is requesting we bring to the interview form I864 from a co sponsor.  I have emailed the embassy because I'm pretty sure I meet the income requirements on my own and not sure why they are asking for a co sponsor but my question is this. If I am still required to get a co sponsor and my own income becomes acceptable at any time during the immigration process is my co sponsor off the hook so to speak?

They are requiring a second interview with you in attendance. They are also questioning the validity of the relationship so be prepared for that as well.  Look over your previous form you submitted. Are there any errors that would cause your income to be sufficient? The income, if sufficient, seems like an easy fix. But they also don’t believe the relationship is bona fide.

[Jenny17655 284]

3 minutes ago, angelbrown said:

They are requiring a second interview with you in attendance. They are also questioning the validity of the relationship so be prepared for that as well.  Look over your previous form you submitted. Are there any errors that would cause your income to be sufficient? The income, if sufficient, seems like an easy fix. But they also don’t believe the relationship is bona fide.

Thank you. I don't take the relationship part lightly but I think when they see us together and ask whatever they wish we will be fine in that front. I will also provide the photos and chat logs they requested. I am thinking I may have made an error on the I134 anx I didn't include my part time income because I was sure my full time was sufficient. I will gather income documents for both employers and try again while still trying to find a co sponsor as back up if the embassy insists. 

[Jenny17655 284]

Question 26 on I134 says: I have submitted Visa petitions to USCIS on behalf of the following individuals.  Now the I134 instructions do not specify how to answer this question and when I googled it I found this:

 

Questions 26 – 29: This question asks if you have submitted a visa application for someone. This is where you can include the beneficiary that you are sponsoring now. This can be your fiance if you’re applying for a K1 visa or a tourist/work visa.

 

I did NOT enter my beneficiary here on the I134 instead I entered the names of my ex husbands which I filed an I130 petition for in 2001 and 2004.  Do you think this was an error that could have caused the embassy to request a co sponsor? Maybe the embassy thinks I am responsible for myself, my beneficiary, my 2 kids AND my 2 ex husbands????

Edited August 19, 2018 by Jenny17655

[angelbrown 195]

Yes bc I read the question as to current sponsors. You included two previous sponsors as if you are still responsible for them and did not include your fiancé/current sponsor. Can you submit a new form along with letter of explanation?🤷🏽‍♀️Don’t know if they will allow you to do that.

 

And you said 2 ex-husbands that you sponsored.  Are you still responsible for them? Did they become citizens or meet the required 40 quarters of credit that would relieve you of sponsorship?

Edited August 19, 2018 by angelbrown

[Jenny17655 284]

5 minutes ago, angelbrown said:

Yes bc I read the question as to current sponsors. You included two previous sponsors as if you are still responsible for them and did not include your fiancé/current sponsor. Can you submit a new form along with letter of explanation?🤷🏽‍♀️Don’t know if they will allow you to do that.

But I remember when I first filled out the I134 and I asked here on VJ if I needed to include my exes and I was told yes I must because I have filed visa petitions for them.  The question on the form asks for file date and I put 2001 and 2004.  I have been getting mixed answers from different people. I'm so confused and haven't slept. Also as a CR1 I don't believe you fill out the I134 or do you?

Edited August 19, 2018 by Jenny17655

[Crazy Cat 41,845]

1 minute ago, Jenny17655 said:

Also as a CR1 I don't believe you fill out the I134 or do you?

CR-1 uses I-864.........the same as at Adjustment of Status interview.

[Jenny17655 284]

Just now, missileman said:

CR-1 uses I-864.........the same as at Adjustment of Status interview.

There must be an I134 expert on here that can help me figure out what went wrong.  I'm overwhelmed and exhausted

[NikLR 13,227]

32 minutes ago, Jenny17655 said:

Question 26 on I134 says: I have submitted Visa petitions to USCIS on behalf of the following individuals.  Now the I134 instructions do not specify how to answer this question and when I googled it I found this:

 

Questions 26 – 29: This question asks if you have submitted a visa application for someone. This is where you can include the beneficiary that you are sponsoring now. This can be your fiance if you’re applying for a K1 visa or a tourist/work visa.

 

I did NOT enter my beneficiary here on the I134 instead I entered the names of my ex husbands which I filed an I130 petition for in 2001 and 2004.  Do you think this was an error that could have caused the embassy to request a co sponsor? Maybe the embassy thinks I am responsible for myself, my beneficiary, my 2 kids AND my 2 ex husbands????

I wouldn't have put the beneficiary there, that's where anyone else you've sponsored goes.  So both of your ex husbands go there.

 

Do you have any children?

 

Also click the "do not intend" otherwise you have to specifically say how you are supporting the beneficiary and you don't need to. 

 

Did you include a note with your I-134 tax returns that they are decreasing due to a divorce?  It looks like you make less and less each year, but since you're divorced that's normal.   There also is greater scrutiny because this is your third foreign husband. 

 

 

 

[angelbrown 195]

Are you still legally responsible for the exes you sponsored? Or did they meet the requirements to relieve you of sponsorship?

[Crazy Cat 41,845]

34 minutes ago, Jenny17655 said:

There must be an I134 expert on here that can help me figure out what went wrong.  I'm overwhelmed and exhausted

@geowrian

[Jenny17655 284]

1 hour ago, angelbrown said:

Are you still legally responsible for the exes you sponsored? Or did they meet the requirements to relieve you of sponsorship?

Wish I knew lol.  I think I might make an info pass appt and try to see whatever happened with those cases. They are both over 10 years old but I would love some closure 

[Jenny17655 284]

1 hour ago, missileman said:

@geowrian

Thank you. I'll let my brain settle for today and reach out if needed after hearing what the embassy has to say.

[geowrian 22,337]

Sorry if I missed anything in the 2 pages of posts...

1. Your income may meet the minimum requirements, but did not satisfy the public charge concern. This is a decision the CO makes based on the totality of the circumstances.
2. The I-134 is not enforceable so you are not "on the hook" yet. The I-864 for AOS later is enforceable, and you would be responsible for them until the contract terminates.
   1. If you were to get a joint sponsor, nothing about your situation (i.e. making more money) would relieve them from the I-864 responsibilities. Their responsibility persists until the contract terminates.
3. Assuming you provided appropriate evidence of your income, you need a co sponsor per the CO's request.
   1. What evidence did you provide?
   2. Note that they care about current income, not past income. For a W-2 employee, pay stubs + an employment letter would be primary evidence of current income.
   3. Edit: I see you provided this information in a post now. Your income evidence that you provided was borderline vs. your household size...again, it's not about the minimums required to be a sponsor but the circumstances regarding becoming a public charge.
4. It's actually incorrect for the CO to request an I-864 for a K-1 visa, but I have heard of a few embassies/consulates doing this anyway. They are supposed to request an I-134 from a co sponsor as well. I'll defer to others from Jamaica as to what should actually be sent from the co sponsor.