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GianlucaP

AoS for K1 - I-864 instead of I-134 (foreigner assets)

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Filed: K-1 Visa Country: Italy
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Hello!

 

I'm the (prospect) beneficiary of a K1 Visa applied by my  fiancée, a US citizen, and we're waiting for NOA2, hopefully by end of April 2021.

Looking at the Affidavit of support requirements we know she won't qualify with only her assets and apparently will require a co-sponsor.

 

In the I-134 form I can't see any way to let the beneficiary partecipate with his own assets to close the gap. Can you confirm that?

 

I've also read that in the following Adjustment of Status process, filling up the I-864 form, the beneficiary can partecipate with his own assets to the financial requirements. In our case this would let us avoid the need of a co-sponsor which is a concern for us.

 

If we prepare BOTH the I-134 AND the I-864 and the required evidences for the Visa interview, would this provide the proof  that we can meet, together, the financial requirements and so that the '(non)immigrant' will not become a public charge?

 

Are there similar success cases with this strategy?

 

Thanks a lot for any expert advice you can provide!

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, GianlucaP said:

Hello!

 

I'm the (prospect) beneficiary of a K1 Visa applied by my  fiancée, a US citizen, and we're waiting for NOA2, hopefully by end of April 2021.

Looking at the Affidavit of support requirements we know she won't qualify with only her assets and apparently will require a co-sponsor.

 

In the I-134 form I can't see any way to let the beneficiary partecipate with his own assets to close the gap. Can you confirm that?

 

I've also read that in the following Adjustment of Status process, filling up the I-864 form, the beneficiary can partecipate with his own assets to the financial requirements. In our case this would let us avoid the need of a co-sponsor which is a concern for us.

 

If we prepare BOTH the I-134 AND the I-864 and the required evidences for the Visa interview, would this provide the proof  that we can meet, together, the financial requirements and so that the '(non)immigrant' will not become a public charge?

 

Are there similar success cases with this strategy?

 

Thanks a lot for any expert advice you can provide!

Ditch the i134 it isn't used for AOS 

YMMV

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Filed: K-1 Visa Country: Italy
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5 minutes ago, payxibka said:

Ditch the i134 it isn't used for AOS 

I see. I'm talking about the Affidavit of support for the K1 Visa interview after NOA2.

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, GianlucaP said:

I see. I'm talking about the Affidavit of support for the K1 Visa interview after NOA2.

Flip side is also true.   I864 not used for k1.  You should inquire with consulate if they will allow self sponsorship.   London does, not sure who else will

YMMV

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Filed: K-1 Visa Country: Wales
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Pretty sure Rome does not, however the income requirement for the K1 is not very much.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Brazil
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2 hours ago, GianlucaP said:

Hello!

 

I'm the (prospect) beneficiary of a K1 Visa applied by my  fiancée, a US citizen, and we're waiting for NOA2, hopefully by end of April 2021.

Looking at the Affidavit of support requirements we know she won't qualify with only her assets and apparently will require a co-sponsor.

 

In the I-134 form I can't see any way to let the beneficiary partecipate with his own assets to close the gap. Can you confirm that?

 

I've also read that in the following Adjustment of Status process, filling up the I-864 form, the beneficiary can partecipate with his own assets to the financial requirements. In our case this would let us avoid the need of a co-sponsor which is a concern for us.

 

If we prepare BOTH the I-134 AND the I-864 and the required evidences for the Visa interview, would this provide the proof  that we can meet, together, the financial requirements and so that the '(non)immigrant' will not become a public charge?

 

Are there similar success cases with this strategy?

 

Thanks a lot for any expert advice you can provide!

Hello!

Since I began taking part in K1 Visa forums, I’ve not heard of any case of form I-864 being used as a proof of financial status in a beneficiary interview.

Their target is the sponsor’s finances and not the beneficiary’s at this point of the process.

It would be safer if you both found a joint-sponsor (just to be safe and follow their rules to the letter) and in order to make this sponsor feel comfortable with taking in such responsibility, show them you can handle it yourself but because of the protocol, a US citizen needs to step up in order for you guys to conform with the formalities. 

Just some thoughts here. 

 

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  • 1 month later...
Filed: K-1 Visa Country: Italy
Timeline
On 2/28/2021 at 3:30 AM, CrisBR said:

Hello!

Since I began taking part in K1 Visa forums, I’ve not heard of any case of form I-864 being used as a proof of financial status in a beneficiary interview.

Their target is the sponsor’s finances and not the beneficiary’s at this point of the process.

It would be safer if you both found a joint-sponsor (just to be safe and follow their rules to the letter) and in order to make this sponsor feel comfortable with taking in such responsibility, show them you can handle it yourself but because of the protocol, a US citizen needs to step up in order for you guys to conform with the formalities. 

Just some thoughts here. 

 

Strategy update: if the gap in the documented consistent income of the petitioner is not too big to get to the minimum 100% of Poverty guideline, would enough cash in the bank account work (5x the difference in the annual minimum)?

in that case it would be, on paper, possible to make a money transfer and have it fixed.

 

This is what I understood reading the instructions and the information on line.

 

Any confirmation or advise from the community?

 

 

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