K1: No affidavit of support

[Alexli]

Hi,

 

I'm working in a consulate in GZ and applying for a K1. I got my interview date to Aug. The problem is that my girlfriend cannot provide the affidavit of support as her income is insufficient.

 

I got a good pay job right after university and I can speak English well. I’m sure I won’t become a burden to American government and I will be able to find a job pretty easily in the States. My gf said we can buy an “affidavit of support” for 500USD easily from Chinatown but I didn’t do so. I mean what’s the point. I work in the consulate too and I understand the ultimate goal for the visa officers is not to check the forms but assessing whether the applicant is qualified in reality. Right?

 

So my question is:

 

Is the affidavit of support form compulsory for passing the interview? Has anyone done so before? Please give me some advice.

 

Thanks,

 

Alex

[tonado]

You will need to file I-134. Don't try to buy one from Chinatown. Try to get a co-sponsor.

[Kalli and Greg Oveson]

You will need to file I-134.  Don't try to buy one from Chinatown.  Try to get a co-sponsor.

229442[/snapback]

THis is from the GUZ FAQ for K1 visas:

 

What kind of Affidavit of Support does my K-1 petitioner need to prepare for my visa interview?

 

K-1 petitioners should prepare the I-134 Affidavit of Support, which they can get from their local CIS office or on the CIS website http://uscis.gov/graphics/formsfee/forms/. However, it is not a required document as long as applicants can demonstrate at the interview that she/he will not become a public charge in the States.

[warpedbored]

This is true but the VO may want to see it if he feels there is not sufficent evidence that the beneficary won't become a public charge. It is the I-864 that is binding and your fiancee will need to file that to adjust your status after you are married in the US. If she can't meet the poverty guidelines or doesn't have sufficient assets she will need a co-sponsor.

[Alexli]

This is true but the VO  may want to see it if he feels there is not sufficent evidence that the beneficary won't become a public charge.  It is the I-864 that is binding and your fiancee will need to file that to adjust your status after you are married in the US.  If she can't meet the poverty guidelines or doesn't have sufficient assets she will need a co-sponsor.

229472[/snapback]

Thanks all.

 

I'm gonna try it first anyway as my GF is at Guangzhou now with me and there's not enough time for her to find a co-sponsor.

 

I'll go to New York on Feb 07 if I get a visa. If anybody need help in Guangzhou please contact me I might be able to provide some assistance;)

 

Alex

[Guest pushbrk]

This is true but the VO  may want to see it if he feels there is not sufficent evidence that the beneficary won't become a public charge.  It is the I-864 that is binding and your fiancee will need to file that to adjust your status after you are married in the US.  If she can't meet the poverty guidelines or doesn't have sufficient assets she will need a co-sponsor.

229472[/snapback]

Thanks all.

 

I'm gonna try it first anyway as my GF is at Guangzhou now with me and there's not enough time for her to find a co-sponsor.

 

I'll go to New York on Feb 07 if I get a visa. If anybody need help in Guangzhou please contact me I might be able to provide some assistance;)

 

Alex

229480[/snapback]

Since you don't plan to travel to the USA until February, it will be no huge disaster if you receive a blue slip to provide an affidavit of support. If so, you have plenty of time to obtain the assistance of a parent or friend in the US. The I-134 will not be asked for during the interview.

 

However, there IS time to have a parent or other co-sponsor, unless one is simply not available.

 

In that case, your education and English skills may well convince the VO that you will not become a public charge. It is safer and wiser to get a co-sponsor, if possible.

[GaryandSherry]

Hi Alex.. Having worked for the US Government for over 20 years, I can assure you they take nothing for granted. I would strongly suggest you find a sponsor. Why take a chance?

[Guest pushbrk]

This is true but the VO?may want to see it if he feels there is not sufficent evidence that the beneficary won't become a public charge.?It is the I-864 that is binding and your fiancee will need to file that to adjust your status after you are married in the US.?If she can't meet the poverty guidelines or doesn't have sufficient assets she will need a co-sponsor.

229472[/snapback]

Thanks all.

 

I'm gonna try it first anyway as my GF is at Guangzhou now with me and there's not enough time for her to find a co-sponsor.

 

I'll go to New York on Feb 07 if I get a visa. If anybody need help in Guangzhou please contact me I might be able to provide some assistance;)

 

Alex

229480[/snapback]

Since you don't plan to travel to the USA until February, it will be no huge disaster if you receive a blue slip to provide an affidavit of support. If so, you have plenty of time to obtain the assistance of a parent or friend in the US. The I-134 will not be asked for during the interview.

 

However, there IS time to have a parent or other co-sponsor, unless one is simply not available.

 

In that case, your education and English skills may well convince the VO that you will not become a public charge. It is safer and wiser to get a co-sponsor, if possible.

229493[/snapback]

I did not mean to write that the I-134 would not be asked or at the interview. Perhaps I made an editing mistake but I meant to indicate there was a chance the I-134 would not be asked for at the interview.

 

Since you have time to respond to a blue slip, I wouldn't panic about this but a co-sponsor is the best way to go if you can.

[howaboutasuit]

beyond the affidavit of support you have only 2 other options:

 

1) prove that your own current funds meet the public charge provisions

 

do you have a lot of assets or real estate that could meet the charge? The charge is a lot I think... something like $125,000 if your girlfriend doesn't have a job

 

2) prearranged employment

 

Maybe you could work something out with a friend and he could send a notarized letter of employment on letterhead stationary (see optional form 167). There are a bunch of things that need to be written in the letter, for example, an explanation of skills which qualify you for the position. AND THAT IS A GREAT LOOPHOLE. You see, if your friend says that you are qualified because of a certain skill that you both know you don't have, then that statement is worthless when you come to the states. Thus, he won't have to worry about you suing him for breach of contract.

 

Or just forge the whole thing. How could they possibly know?

 

Or, worst case scenario, actually look around and see if it's actually possible to get a prearranged employment.

[artmill4]

Or just forge the whole thing.  How could they possibly know? 

 

Very bad advice.

229575[/snapback]

Tell the truth. There are many issues once you move to another country besides the money. Love is great but eating is more important.

[Spring1002]

This is true but the VO  may want to see it if he feels there is not sufficent evidence that the beneficary won't become a public charge.  It is the I-864 that is binding and your fiancee will need to file that to adjust your status after you are married in the US.  If she can't meet the poverty guidelines or doesn't have sufficient assets she will need a co-sponsor.

229472[/snapback]

Thanks all.

 

I'm gonna try it first anyway as my GF is at Guangzhou now with me and there's not enough time for her to find a co-sponsor.

 

I'll go to New York on Feb 07 if I get a visa. If anybody need help in Guangzhou please contact me I might be able to provide some assistance;)

 

Alex

229480[/snapback]

Well, her parents can't be your co-sponsor?

[rosyanne]

You have to get a co-sponor. period.

[Alexli]

Once again, the ultimate goal for a VO is to find out whether the beneficial has ability to make a living in the US and will not be a public burden. Put you into the consul general’s shoes, do you want your VO simply performing tasks like checking documents or do you want your VO be smarter and know why he need to check the documents?

 

I believe documents is only one of the evidences to convince a VO and it should be the least important one. Why? Because I can get an I-134 just for 500 bucks in Chinatown easily and it really means nothing.

 

At the last, I have a great job here in Guangzhou and opportunities are just unlimited. To be honest I’m not that keen to go to the states. I have to go because my gf is an American and she couldn’t find a decent job because she is an American! [Chinese employer needs to get an “expert importing permit” to hire a foreigner, again documents!]

 

Alex

[david_dawei]

I believe documents is only one of the evidences to convince a VO and it should be the least important one. Why? Because I can get an I-134 just for 500 bucks in Chinatown easily and it really means nothing.

230340[/snapback]

I believe the VO will follow the guidance of 9FAM and use the "totality" of the circumstances; look at the beneficiary's health, education, and employment history... as well as the documentary proof from the petitioner.

 

But my gut says that the documentary proof, if evidencing sustainable income into the future, is usually enough proof to a VO.

 

Most petitioners (and if we stick to those on this site) are not going to consider going to chinatown to get an I-134... The idea is almost ludicrous, particularly if the petitioner has as decent job... Clearly here is where "totality" of petitioner is needed.

 

And the fact that a I-134 is not truly required is why we recommend people bring their taxes and employer letter...

 

I'm hoping the VO is smart enough to ask for more than one document if he suspects something is from chinatown...

[Alexli]

I believe documents is only one of the evidences to convince a VO and it should be the least important one. Why? Because I can get an I-134 just for 500 bucks in Chinatown easily and it really means nothing.

230340[/snapback]

I believe the VO will follow the guidance of 9FAM and use the "totality" of the circumstances; look at the beneficiary's health, education, and employment history... as well as the documentary proof from the petitioner.

 

But my gut says that the documentary proof, if evidencing sustainable income into the future, is usually enough proof to a VO.

 

Most petitioners (and if we stick to those on this site) are not going to consider going to chinatown to get an I-134... The idea is almost ludicrous, particularly if the petitioner has as decent job... Clearly here is where "totality" of petitioner is needed.

 

And the fact that a I-134 is not truly required is why we recommend people bring their taxes and employer letter...

 

I'm hoping the VO is smart enough to ask for more than one document if he suspects something is from chinatown...

230350[/snapback]

My gf's brother asked his antoney prepared a I-134. But his antoney mistakenly put the "relationship to the beneficial" as "friend". Is that a big problem? Can he change it when sign it or I change it when I got it? I think it should be "Brother of his fiance'". right?

 

thanks.