Affidavit of Support Required for K1 Visa???

[AlexanderStruzhko 0]

We recently had our visa petition approved by USCIS and we are waiting for our NVC case number.  My fiancé is a full-time masters student in the states, and is not working at the moment.  Is the affidavit of support required for our K1 visa? If so, will we submit it on NVC’s website before my interview or will I need to show it the day of the interview? 
 

I’ve received conflicting information on this so I would appreciate any details regarding the affidavit of support.

 

thanks! 

Edited April 21, 2021 by AlexanderStruzhko
Dkdkkf

[SalishSea 18,079]

2 minutes ago, AlexanderStruzhko said:

We recently had our visa petition approved by USCIS and we are waiting for our NVC case number.  My wife is a full-time masters student in the states, and is not working at the moment.  Is the affidavit of support required for our K1 visa? If so, will we submit it on NVC’s website before my interview or will I need to show it the day of the interview? 
 

I’ve received conflicting information on this so I would appreciate any details regarding the affidavit of support.

 

thanks! 

If you have a wife, you are not eligible for a K-1 visa.  That is for unmarried people.

[AlexanderStruzhko 0]

I meant to say fiancé, not wife. 

[SalishSea 18,079]

4 minutes ago, AlexanderStruzhko said:

I meant to say fiancé, not wife. 

For fiance petitions, no documents are uploaded to NVC.

 

She will need to complete an I-135 for you to take to the interview.  If she doesn't qualify financially, she will need to find an eligible joint sponsor, and that person will need to provide the required forms and supporting documentations.

 

K-1 is an odd choice if she is a student.  How will you support yourself during the 8 months when you cannot work in the US?

[payxibka 10,047]

17 minutes ago, Jorgedig said:

For fiance petitions, no documents are uploaded to NVC.

 

She will need to complete an I-135 for you to take to the interview.  If she doesn't qualify financially, she will need to find an eligible joint sponsor, and that person will need to provide the required forms and supporting documentations.

 

K-1 is an odd choice if she is a student.  How will you support yourself during the 8 months when you cannot work in the US?

I134

[SalishSea 18,079]

1 minute ago, payxibka said:

I134

Yikes!   More coffee is needed 🙂

[AlexanderStruzhko 0]

She graduates in the fall and will likely have a job offer before graduation.  Good to know about NVC. I heard some say that an affidavit is required for the K-1 visa and others say that it isn't because it is technically a non-immigrant visa . At least we will have more time to prove her financial stability if they only require us to present the affidavit for the interview. 

[SalishSea 18,079]

38 minutes ago, AlexanderStruzhko said:

She graduates in the fall and will likely have a job offer before graduation.  Good to know about NVC. I heard some say that an affidavit is required for the K-1 visa and others say that it isn't because it is technically a non-immigrant visa . At least we will have more time to prove her financial stability if they only require us to present the affidavit for the interview. 

Hopefully you realize that the I-864 is required as well, just later in the process than for a spousal visa.  She will need to submit it with your adjustment of status paperwork (I-485).  She will need to qualify financially to sponsor you at that time, or have an eligible joint sponsor.   You won't be able to work until you receive your EAD, which is currently taking >8 months from the time of application.

 

I recommend reading the guides here at VJ, along with the information on the USCIS website also.  

Edited April 21, 2021 by Jorgedig

[AlexanderStruzhko 0]

31 minutes ago, Jorgedig said:

Hopefully you realize that the I-864 is required as well, just later in the process than for a spousal visa.  She will need to submit it with your adjustment of status paperwork (I-485).  She will need to qualify financially to sponsor you at that time, or have an eligible joint sponsor.   You won't be able to work until you receive your EAD, which is currently taking >8 months from the time of application.

 

I recommend reading the guides here at VJ, along with the information on the USCIS website also.  

Just to clarify, the I-135 means that She (and a potential join-sponsor) would be liable for the duration of my 90 day visa in the US? After marriage is when we sign the I-864 and that would be for 3 years? 

Edited April 21, 2021 by AlexanderStruzhko
Nznz

[aaron2020 11,651]

5 minutes ago, AlexanderStruzhko said:

Just to clarify, the I-135 means that She (and a potential join-sponsor) would be liable for the duration of my 90 day visa in the US? After marriage is when we sign the I-864 and that would be for 3 years? 

It's an I-134 for the K-1 visa.  It's really not enforceable, so no one is liable for anything.

 

The I-864 obligation can be for life.  It expire on certain conditions.  You becoming a US citizen is one possible way to end the I-864 obligation and you could apply based on the 3 years spousal green card rule.  If you don't become a US citizen and don't meet any of the other conditions to end the I-864 obligations, then it can go on until you or the sponsor dies.  

Edited April 21, 2021 by aaron2020

[AlexanderStruzhko 0]

40 minutes ago, aaron2020 said:

It's an I-134 for the K-1 visa.  It's really not enforceable, so no one is liable for anything.

 

The I-864 obligation can be for life.  It expire on certain conditions.  You becoming a US citizen is one possible way to end the I-864 obligation and you could apply based on the 3 years spousal green card rule.  If you don't become a US citizen and don't meet any of the other conditions to end the I-864 obligations, then it can go on until you or the sponsor dies.  

From where are you inferring that it isn’t enforceable?  

[aaron2020 11,651]

2 minutes ago, AlexanderStruzhko said:

From where are you inferring that it isn’t enforceable?  

I am not inferring anything.  I made a statement.  The I-134 is not enforceable.  Google it.  

[AlexanderStruzhko 0]

5 hours ago, aaron2020 said:

I am not inferring anything.  I made a statement.  The I-134 is not enforceable.  Google it.  

I have googled it and I haven’t seen anything from an official government source. That’s why I asked you where you saw that. 

[aaron2020 11,651]

10 minutes ago, AlexanderStruzhko said:

I have googled it and I haven’t seen anything from an official government source. That’s why I asked you where you saw that. 

The US Government would not tell you that a contract that you sign with them would be unenforceable.  That would be stupid.  You're not going to find any official government source.  You have to look to see if they have sued anyone over the I-134.  They haven't.

https://www.ilw.com/articles/2008,0717-guevarra.shtm

 

 Courts have said the I-134 is unenforceable.

 

https://www.novacredit.com/resources/i-134/#:~:text=Form I-134 is often,that they will be denied

 

 

https://www.justia.com/immigration/i-134-affidavit-of-support/

 

Edited April 22, 2021 by aaron2020

[SalishSea 18,079]

7 hours ago, AlexanderStruzhko said:

From where are you inferring that it isn’t enforceable?  

OP, just to clarify that you understand that 'unenforceable' means that so far, the US government has not used that contract to seek repayment from sponsors of public funds or resources used by immigrants.  

 

This in no way means that the criteria on that form cannot be used by a consular officer to deny a K-1 visa using the public charge inadmissibility.  It can, at the discretion of the interviewing officer.