Tough questons: I-134 for a student

[Jerry]

Hi, guys,

 

I am new on the board and would like to ask you some questions. This might be tough one for most of you as most of your are working professional. In my case, I am currently a graduate student in the US and bit young compared to most of you guys.

 

As for our story; I am a naturalized citizen originally from Beijing. Having studied and lived in the US for 7 years, I went back to China and worked at a bank, where I met my wife. We were in the same business group and sat next to each other. With all the blessings, we got married early this year. Then, we got a little ambitious and decided to pursue MBA. So we separated a few months after our wedding and i am now in NYC and she is still in Beijing. She has also been accepted by a MBA program in NYC (God was good to us once again!)

 

We just filed the K-3 visa (I-129I) in November and we were really afraid that she might not get her K-3 before school starts in August, 2003. Guys,

do you think we have enough time (approximately 9 months including both Christmas and Chinese New Year which will waste about 2 weeks of time together.)

 

Also, I am currently a student and don't have any form of income other than my student loan. So should I joint-sponsor with my parents, who do have steady income? I called DOS and the person told me that only one person needs to fill out I-134 and in my case, it will be either my father or my mother, not me. Does this make sense or has any one had similar experience? Should I and my parents also fill out both I-134, I-864, I-864A just in case and the consulate choose what they will take in?

 

Thanks a lot in advance!

 

Merry Christmas!!

 

Jerry

[Jerry]

James, thanks a lot for your kind words and this is one major question that has been bothering me.

 

Thanks again!

[AZwolfman]

Jerry

 

I was in a similar but different situation, having quit my job and gone into business for myself when I met my fiancé. My self-employment income was not verifiable to be sufficient to meet the minimum poverty requirement. So as far as the I-134, I was in the same situation as you.

 

You will file the I-134 and list your parents as co-sponsors. You will send your own financial papers along with those of your parents. You just have your parents notarize their financial papers, bank statements, work verification, assest, etc. Send these in along with your I-134. Be sure to list the co-sponsor material on the cover sheet .

[Guest David]

You will file the I-134 and list your parents as co-sponsors. You will send your own financial papers along with those of your parents. You just have your parents notarize their financial papers, bank statements, work verification, assest, etc.  Send these in along with your I-134. Be sure to list the co-sponsor material on the cover sheet .

Just a suggestion: if this starts to get too complicated, or you are worried about making a mistake, get an immigration lawyer to help you compile all of this stuff. It might costs somewhere around $200...

 

 

I did the same thing, but we had a lawyer help us with it. The stack of tax forms and other documents was about 2 inches thick.

[owenkrout]

This is going to be a tough one for you as, by law, one of the important parts of the process is to determine that the immigrant is not likely to become a burden on the taxpayers of the U.S. You will have to have a sponsor to do that and I would file as many I-134 forms as you have willing sponsors, plus yourself. The more support you show the better. Just note that anyone who files a sponsors I-134 is legally responsible. I don't know that they have actually used that point to pursue anyone, but I did ask about sponsors here at the Shenyang consulate and they were very clear in pointing out the legal responsibility point.

 

I am sweating getting my wife's visa in hand within the next two months as we will have to re-file the I-134 again as it will have been another year gone by. I am teaching in Shenyang and even foreign professors don't make much here by U.S. standards. Last year's tax return was for the last half year of work in the U.S. and therefore plenty to satisfy them.

[Jerry]

Guys,

 

It has been really helpful and I think the safest course of action is for me and my parents to file I-134 and all the supporting documents. You are right, it is going to be a huge task, especially my paretns and I don't live together.

 

Also, on the I-169 (instruction for I-134), it says that the sponsor can also choose to write a letter of affidavit. Has anyone done this? Is this critical? So far, I haven't seem anyone mentioning it anywhere on the web other than the tax returns, bank statements, employer letter, etc.

 

Thanks a lot!

[Jerry]

One more thing, My last year's (2002) income should be sufficient to cover the povery requirement. I thought what we earn going forward is probably more important than past income and this is why they require your employer certification. So are you guys saying the income shown on tax return is in fact the determining factor not your employer's certification?

 

No matter what, I definitely will get both of my parents to co-sponsor. Just want to confirm that we don't need I-864 and I-864A for K3 in China?

 

Owen, AZwolfman, David, thank you very much for your suggestions!

 

Good luck and good night guys!

 

Jerry

[LaoMao]

Jerry,

 

In your case, you need your parents as co-sponsor for sure.

GZ usually don't look at your employment verification letter as important as the tax return. Many interviewee are only asked to show the tax return. and some of them even didn't need to show anything. But if they saw your emplyment history ( with some time as a student), they will probably ask to see the employment letter. Prepared is better than not prepared, but it is not as important as tax return.

[Jerry]

Laomao,

 

Thanks for the heads-up!

 

Jerry