Fiance wont LEAVE!!!!

[Boiler 45,488]

Exactly! You would be denied at the interview! Why? Coz your fiancé needs your support while in the USA!!! So if you sign it, it means you accept to support him/her, that's why I doubt you can so easily leave him/her in the streets if you change your mind. You will probably have to prove WHY you kicked her/him out and not ALWAYS this will be solved in your favor!

I did not need my Fiancee's support.

I am sure that applies to many if not most on here.

[skynaut 29]

I did not need my Fiancee's support.

I am sure that applies to many if not most on here.

Are you saying in your case I-134 was not filed and signed?

[Boiler 45,488]

Whether one was signed or not does not matter.

My Fiancee did not file one for me.

[Deputy Purple 1,294]

Your fiancee (now ex-fiancee I assume) is legally entitled to remain in the US for 90 days. Following that she begins to accrue out-of-status days. She has NO legal recourse to stay in the States unless she 1. marries you, or 2. accuses you of abuse and tries to AOS that way (I'm not sure if you need to be married before she can try VAWA, I don't think so but someone will correct me).

I don't believe that the immigrant has to have actually married a USC, just has to prove abuse that the hands of him. Honestly I think it's a moot point because she can still make the accusations in a futile attempt and if she is convincing enough his life will suffer from it regardless of her immigration outcome.

The OP should cut all contact ASAP...

[daboyz 36]

I agree with skynaut. I-134 should be binding and once USC apply for K1, he/she should be responsible for fiancee/wife. Also, fiancee should automatically get 50/50 if USC change mind. VAWA is a really good law for helpless fiancee if people change their mind and not apply for greencard.

VAWA is the Violence Against Women Act. It is not "the things didn't work out between us and I want 50% of your assets act"

[mari&Ryan 93]

I agree with skynaut. I-134 should be binding and once USC apply for K1, he/she should be responsible for fiancee/wife. Also, fiancee should automatically get 50/50 if USC change mind. VAWA is a really good law for helpless fiancee if people change their mind and not apply for greencard.

This is so far one of he worse statement that I have read in VJ. A fiancée/fiancé getting 50/50? VAWA to be used if the USC changes his/her mind? Are you serious? Have u any idea what you are talking about?

[belinda63 3,038]

In the US men and women are seen as equals. The age of "Leave it to Beaver" is long gone. Obviously some countries provide classes on how to scam American men by making false claims of violence, ruin the man's life, and TRY to take everything he has. Won't work, suggest you advise your "instructor" to update on US divorce laws and to stop advising women that she can apply for VAWA if the marriage doesn't work out.

Wow this is way off topic.

My original advise still stands, be nice but firm. Sounds like she took the same class as vietbride.

[IncorrectPolitics 26]

VAWA is the Violence Against Women Act. It is not "the things didn't work out between us and I want 50% of your assets act"

[JimVaPhuong 4,863]

skynaut, the I-134 is little more than a cover letter - an easy way to summarize the sponsor's financial situation for the consulate. What they want is evidence that the petitioner or a co-sponsor will be qualified and willing to sign an I-864 when it comes time for the alien to file for adjustment of status. Some consulates don't even require an I-134, but still require a copy of the petitioner's most recent tax return.

It helps to understand that the US government's only concern is whether the alien will become a public charge. Everything related to the affidavit of support falls directly under the "public charge" section of the INA, and the policy manuals used by USCIS and the consulates. They don't give a hoot if the alien ends up homeless and begging for change on a freeway ramp - as long as the US taxpayers aren't supporting them. They also don't care if the US citizen petitioner is supporting them. Even the I-864 draws a line - the US government can sue the sponsor if the immigrant collects means tested benefits, but the immigrant has to sue the sponsor if they aren't being supported. The US government isn't going to force the sponsor to support the immigrant, or sue the sponsor for support on behalf of the immigrant. The I-864 requires the sponsor to support the immigrant, but lays the responsibility for enforcing the support obligation squarely on the shoulders of the immigrant.

I haven't seen any case of the US government attempting to enforce an I-134 affidavit of support since Congress passed the Illegal Immigration Act of 1996. They aren't particularly worried about K1's who don't marry the petitioner after coming to the US. As a non-immigrant, the only means tested benefit they would be eligible for is emergency medical treatment.

vietbride, VAWA can only be used if the applicant is the spouse of a US citizen or LPR, and was abused by their spouse inside the United States. There are a few relatively unusual exceptions to the requirement that the abuse took place in the US, such as if the US citizen/LPR spouse was employed by the US government or a US government contractor abroad. If you go to Saigon and marry a US consular officer, and that consular officer beats you up, then you might have a shot at a VAWA application. If you come to the US as a fiancee and don't get married then it won't matter if they beat you black and blue - you can't use VAWA to get a green card.

You are also not entitled to any of their property until after you marry them, and then you are entitled only to a share of whatever property you BOTH acquire AFTER the marriage. Anything your spouse had before the marriage remains their own property.

[Boiler 45,488]

I have seen cases where those undocumented have made use of VAWA.

[JimVaPhuong 4,863]

I have seen cases where those undocumented have made use of VAWA.

Yes, absolutely! VAWA can be used regardless of how an alien entered the US. In fact, that was one of the main reasons for the immigration related clauses in the act. There were US citizens and LPR's who were apparently holding the lack of legal immigration status over their spouses head as a threat to keep them from reporting the abuse.

However, whether they entered legally or not, they still have to actually be married to the abuser. You can't use VAWA to adjust status because your boyfriend or fiancee beat you up, even if they did it in the US.

[Prawninator 138]

I agree with skynaut. I-134 should be binding and once USC apply for K1, he/she should be responsible for fiancee/wife. Also, fiancee should automatically get 50/50 if USC change mind. VAWA is a really good law for helpless fiancee if people change their mind and not apply for greencard.

Well shoot. Now I know I'm doing it wrong. I should just divorce my husband and get engaged to this other guy... and say it doesn't work out, and get engaged to that other guy, and so on and so forth! I wouldn't have to work another day, if I can just absorb 50% of their assets, right? I mean, I can act pretty well (or at least I hope to think) and claim VAWA.

Maybe I can rub it in harder and file the divorce papers in... COMIC SANS. That'll be fun!

[Kathryn41 3,205]

Several inappropriate comments and posts have been removed. Please remember that this is the Immigration forums and not the Off Topic forum when you choose how you will respond to a post. Also - as a reminder, name calling or insults implied or direct are a violation of TOS and unacceptable.

[Tahoma 2,292]

Jim-V-P...+1 for patience.

[nab 74]

So basically you are saying that this I-134 means nothing? And the oath that you sign at the end of the document means nothing? And you sign this legal document but it means ABSOLUTELY NOTHING and has no legal value??So what's the point signing it? Isn't it just a waste of paper? If you bear no responsibility signing it, so again what's the point signing it? it means you can just bring a person to the USA and then when you change your mind, you can just kick him/her out, make him/her starve and live in the streets and you bear NO RESPONSIBILITY, because you CHANGED your mind and this fact makes I-134 illegal??? I sincerely doubt that!!! And do not tell me about courts, coz every case is different and it depends on many circumstances! And because you are a USC, it doesn't mean you are always 100% right and other person who came on K1 visa is wrong and has no rights while in the USA!

Oath or Affirmation ofSponsor

I acknowledge that I have read "Sponsor andAlien Liability" on Page 2 of the instructions for this form, and am awareof my

responsibilities as a sponsor under the SocialSecurity Act, as amended, and the Food Stamp Act, as amended.

I certify under penalty of perjury under UnitedStates law that I know the contents of this affidavit signed by me and that thestatements are

true and correct

listen, there are many different types of people out there... some take their responsibilities seriously and some do not. just becasue they've found a legal loop-hole, bascially the courts dont uphold this document, they consider it just a piece of paper. but some of us take what we sign seriously... our word is our bond and when we speak people know that we are truthful about our promises. that is always a good thing. besides, spending time in court fighting soemthing and then appealing because previous cases have gone another way is NOT a wise way to spend your time or money.

so dont fuss with them because you're both right, differnece is you would sign the document, treat the person decently, and move on in life while they will sign the document and not be truly serious about it then have to fight off a court case from a badly abused ex (i.e. who has been tossed out with nothing in a foreign land, who would have to seek help in this foreign land. how does s/he know where to go or from whom to ask help... that's how they end up with "help groups" that will help them burn you)

maybe there arent many of us out there, but some of us do have compassion and care about people even if the relationship did not work out. they're still human beings and if they are dependent upon you it's just cruelty to throw them out with no resources and no help.

i know EVERYONE was shocked at how i treated my ex (also an american) but to expect soemone who has never lived on their own to just miraculously know how to do laundry, grocery shop, pay bills when they've never been taught this before felt like throwing a baby out and telling it to walk. i wouldnt do that no matter how bad he treated me. sure, i protected myself and ever let him step foot back in the house, and wouldnt take him back when he decided two weeks later it was a mistake to leave but never would i throw another human being to the wolves.

just my .02