How am I supposed to complete I 134 affidavit of support for k1 visa?

[Vizaguy123 9]

I am filling out the I 134 affidavit of support to prepare my fiancee for her interview at the embassy in her country and it's unclear to me what person needs to complete the form. Would it be me (the petitioner), or is it the person who I want to sponsor her (if it's a different person from me)?

Edited June 27, 2021 by as1996

[KayDeeCee 4,893]

You are always the sponsor. If you are using a joint sponsor, then each of you will fill out your own I-134 and each supply your supporting financial documents.

[Sparkle Sparkle 914]

You are supporting her... So you should fill the affidavit.... When she arrives the US you will also fill I-864 affidavit of support. While she completes the rest. 

[Vizaguy123 9]

3 hours ago, KayDeeCee said:

You are always the sponsor. If you are using a joint sponsor, then each of you will fill out your own I-134 and each supply your supporting financial documents.

So if my income doesn't meet the qualifications currently should I put myself as a partial sponsor and put my joint sponsor as a partial sponsor, or should I still put myself as the full sponsor while I put my joint sponsor as a partial sponsor? Not sure if I said that in the best way, but as far as what's the best way to present this at the interview, what's the best way to fill this out so that she has the best chances of getting her visa approved?

[SalishSea 17,827]

1 hour ago, as1996 said:

So if my income doesn't meet the qualifications currently should I put myself as a partial sponsor and put my joint sponsor as a partial sponsor, or should I still put myself as the full sponsor while I put my joint sponsor as a partial sponsor? Not sure if I said that in the best way, but as far as what's the best way to present this at the interview, what's the best way to fill this out so that she has the best chances of getting her visa approved?

There are no partial sponsors.  You are the primary sponsor, and even if your income is insufficient, you complete the forms and provide supporting documentation.  Your joint sponsor does the same.

 

Chances of visa approval and acceptance of joint sponsor is consulate-specific.  Chances of AOS approval is based on totality of circumstances.

 

One thing to keep in mind is that since K-1s cannot work for 8-10 months, your marginal income could be an issue, even with a joint sponsor.

[KayDeeCee 4,893]

7 hours ago, as1996 said:

So if my income doesn't meet the qualifications currently should I put myself as a partial sponsor and put my joint sponsor as a partial sponsor, or should I still put myself as the full sponsor while I put my joint sponsor as a partial sponsor? Not sure if I said that in the best way, but as far as what's the best way to present this at the interview, what's the best way to fill this out so that she has the best chances of getting her visa approved?

For the I-134, you cannot combine incomes to meet the requirement. The joint sponsor must be able to meet the sponsorship requirements on their own. You will each fill out an I-134 and provide your income documentation as if you are each the sole sponsor, even if you, the petitioner/sponsor cannot meet the requirement. I would also research what your specific consulate likes to see in the way of financial support and sponsors/joint sponsors. Search the forum for info about Kenya, and/or ask in the regional forums found towards the bottom of the forums.

 

Later, after you are married and needing to file for AOS, it is possible to combine incomes to meet the requirement if you both live in the same household. The I-864 allows you to use the I-864A for household members.

[Vizaguy123 9]

1 hour ago, KayDeeCee said:

For the I-134, you cannot combine incomes to meet the requirement. The joint sponsor must be able to meet the sponsorship requirements on their own. You will each fill out an I-134 and provide your income documentation as if you are each the sole sponsor, even if you, the petitioner/sponsor cannot meet the requirement. I would also research what your specific consulate likes to see in the way of financial support and sponsors/joint sponsors. Search the forum for info about Kenya, and/or ask in the regional forums found towards the bottom of the forums.

 

Later, after you are married and needing to file for AOS, it is possible to combine incomes to meet the requirement if you both live in the same household. The I-864 allows you to use the I-864A for household members.

So if I can't combine incomes then Is there even a point in me filling out an I 134 form? Shouldn't I just let my joint sponsor fill out the form for full sponsorship? It sounds like if I can't combine incomes anyway I might as well just not fill out the form with my name since I won't meet the income requirements anyway. Does that sound about correct? I'm sorry, I'm just trying to make sure I understand so I don't mess these last steps.

[KayDeeCee 4,893]

3 minutes ago, as1996 said:

So if I can't combine incomes then Is there even a point in me filling out an I 134 form? Shouldn't I just let my joint sponsor fill out the form for full sponsorship? It sounds like if I can't combine incomes anyway I might as well just not fill out the form with my name since I won't meet the income requirements anyway. Does that sound about correct? I'm sorry, I'm just trying to make sure I understand so I don't mess these last steps.

That sounds logical, yes, BUT logic is not always a key factor in immigration policies/procedures. Because you are the petitioner/sponsor, they want the I-134 from you, even if you don't meet the income requirements. 

[SalishSea 17,827]

9 minutes ago, as1996 said:

So if I can't combine incomes then Is there even a point in me filling out an I 134 form? Shouldn't I just let my joint sponsor fill out the form for full sponsorship? It sounds like if I can't combine incomes anyway I might as well just not fill out the form with my name since I won't meet the income requirements anyway. Does that sound about correct? I'm sorry, I'm just trying to make sure I understand so I don't mess these last steps.

No. You are always the primary sponsor, and you must complete all the paperwork as such.

[Vizaguy123 9]

9 hours ago, Jorgedig said:

There are no partial sponsors.  You are the primary sponsor, and even if your income is insufficient, you complete the forms and provide supporting documentation.  Your joint sponsor does the same.

 

Chances of visa approval and acceptance of joint sponsor is consulate-specific.  Chances of AOS approval is based on totality of circumstances.

 

One thing to keep in mind is that since K-1s cannot work for 8-10 months, your marginal income could be an issue, even with a joint sponsor.

What do you mean by since the k1s cannot work for 8-10 months my marginal income could be a problem? I'm not understanding what the relevance of the 8-10 months thing is with my income. I know that the k1 is valid for 6 months but what does it not lasting 8-10 months have to do with my income?

[SalishSea 17,827]

33 minutes ago, as1996 said:

What do you mean by since the k1s cannot work for 8-10 months my marginal income could be a problem? I'm not understanding what the relevance of the 8-10 months thing is with my income. I know that the k1 is valid for 6 months but what does it not lasting 8-10 months have to do with my income?

K-1s arrive to the US and need to adjust status.  That process is taking upwards of two years in many parts of the US now.  With a pending AOS, K-1s can apply for an EAD (work permit).  That process is now taking 8-10 months.  So, your fiance/spouse will not be able to work until the EAD is issued.

 

If your income is marginal, even with a qualified joint sponsor, the consulate may deny the visa.

[HRQX 4,145]

30 minutes ago, as1996 said:

but what does it not lasting 8-10 months have to do with my income?

See INA 212(a)(4)(A): "Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible."

 

After entering the US, marrying, and filing the Adjustment forms it can take around 8-10 months for the EAD to be approved and issued: https://egov.uscis.gov/processing-times/ At the K-1 visa interview the CO will look at the totality of the circumstances when making the above referenced opinion.

[Vizaguy123 9]

2 hours ago, Jorgedig said:

K-1s arrive to the US and need to adjust status.  That process is taking upwards of two years in many parts of the US now.  With a pending AOS, K-1s can apply for an EAD (work permit).  That process is now taking 8-10 months.  So, your fiance/spouse will not be able to work until the EAD is issued.

 

If your income is marginal, even with a qualified joint sponsor, the consulate may deny the visa.

Okay, I think I'm understanding what you're saying. But we would be living with my parents for a while once she gets to the US, and so they would be supporting us financially while we get ourselves on our feet. Do you think that (us living with my parents and getting their financial support) would make a difference? It's not like we would be living on our own with no outside support from family. That means that we have a solid financial support while I wait for a job and while she waits for the work permit. 

[SalishSea 17,827]

30 minutes ago, as1996 said:

Okay, I think I'm understanding what you're saying. But we would be living with my parents for a while once she gets to the US, and so they would be supporting us financially while we get ourselves on our feet. Do you think that (us living with my parents and getting their financial support) would make a difference? It's not like we would be living on our own with no outside support from family. That means that we have a solid financial support while I wait for a job and while she waits for the work permit. 

I have no idea.   Like I said, it is based on the totality of your financial circumstances, and it is up to the consulate, and later it is up to the adjudicator for the AOS.

 

Why must you wait for a job?   Most people wanting to sponsor an immigrant fiancé or spouse are willing to get even two jobs, if that’s what it takes.   Jobs are plentiful in the United States at the moment.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.