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jobean

I-134 (K1 Visa) Dilemma and Questions

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Hello, 

I'm new here and apologize if I posted this in the wrong section. I posted this on another visa forum but didn't get any feedback, and also thought it would be good to expand my network and post this here.

 

My fiancee and I have done a lot of research regarding the K-1 visa and worked so long and hard on our packet (as I know many here can relate). Thankfully, we were approved this month! However, this whole time, we were both under the impression that we could use a co-sponsor for I-134. Turns out, the U.S. embassy in her country (Thailand) essentially doesn't accept a co-sponsor for I-134. I've heard of a few cases where a co-sponsor was used but these cases are the exception and not the rule, but I've read it also depends on the officer during the interview. From what I've read here, this is common knowledge. I feel like a complete idiot for not learning this before the whole process started. I honestly don't know how we missed it. Maybe because most embassies accept a co-sponsor for the I-134? I don't know. 

Yesterday was a long, stressful day for the both of us. I spent the entire day trying to figure this out and for a few of my questions, I didn't get an answer. So here are some factors to be considered and questions that I hope someone can hopefully answer:

 

Last year, I made approximately $9000 after taxes. I am also a student and am transferring to a new university. I should begin classes in May, where I will study full-time. I took a phlebotomy certification course near the end of last year and am planning on working full-time. I also have an offer from a family member to work on the weekends for good pay. So considering I will work full-time plus a little on the weekend this year, which should easily exceed the 125% poverty guidelines, will these new sources of income suffice even though I didn't make enough last year? I would also be doing this while being a student, if that matters. And the main reason for not working a lot previously was because I wanted to focus on my education and grades. But my career goals have changed a little and am okay working a lot more. Could I show paystub/check, deposits, etc. to show I would meet/exceed the 125%? Would I need a letter from my employer with my salary? Just to reiterate, I plan to be employed before my fiancee goes to her interview, considering I can't use a co-sponsor.

 

I don't really have any assets. Maybe a little over a thousand in the bank and a car, but I've heard that doesn't count. My grandma has a property she's been talking about giving to me (land - probably worth between 25-35k), but again, not sure if that even matters or is necessary.

 

I am very worried and frustrated with myself. Hopefully someone has some answers to my questions and maybe what my options are.

Thank you so much for your time,

Jobean

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What Is a K-1 Visa?

A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.

The correct terminology is “fiancée” for a woman who is engaged to be married or fiancé for man. For simplicity, we use “fiancé” to mean either a male or female engaged partner.


Is the K-1 Visa Right for Me?

In some cases it might make sense to skip the fiancé visa process altogether and go straight to getting married and applying for a spousal visa. This decision depends on where you are living, how long you wish to wait to be together, and various other circumstances. For more details, see our guide to differences between fiancé visas and marriage green cards.

If you’re already married but aren’t sure if you qualify for a marriage-based green card, you can check your eligibility through Boundless without providing any personal or financial information. When you’re ready to apply, Boundless can guide you through every milestone of the marriage-based green card process, all the way to the finish line. Learn more, or get started today.

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Maybe I'm a little confused.

 

Is the Affidavit of Support different for a K1 to that required for a CR-1?

 

If you were filing an I-864, which I did for my wife's CR-1, the instructions are very clear about joint sponsors, and who can be joint sponsors and the financial requirements

 

I don't think any of it is subjective, and as far I can see you could use your grandmothers house as an asset. 

Using assets requires 3x the income requirement, but unless she owns a shack in Alabama or the like, she should easily be able to meet the requirement.

 

But remember, she will be the one on the hook for it, and will have to sign the document saying she's prepared to take the responsibility for the support guarantee. 

 

https://www.uscis.gov/greencard/affidavit-support

 

Click the tabs about joint sponsors

Edited by GinBoy2

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Undoubtedly you will need a letter from the prospective employers, both the hoped for full time job and the part time gig.  This might be helpful:

 

“An applicant relying on an offer of prearranged employment to meet the public charge provisions of the law should have the prospective employer submit a notarized letter of employment on letterhead stationary of the employing business. The letter should:

  • Contain a definite offer of employment
  • Give a description of the job offered to the alien and an explanation of skills which qualify the alien for the position
  • State the rate of compensation to be paid and if pertinent, additional information detailing other benefits to be included in lieu of cash payment
  • Specify the location, type and duration (whether seasonal, temporary or indefinite) of the employment offered and
  • State whether the employment will be immediately available upon the applicant’s arrival in the United States”

https://jp.usembassy.gov/visas/immigrant-visas/k-affidavit/

Hate to say this but a public charge denial is a distinct possibility - you have no appreciable assets, no current job and apparently the Embassy in Bangkok will not accept a co-sponsor (have you confirmed this directly with the Embassy?).  Job letters may be your only hope.  Best of luck.

 

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Just passing this on.  The Supreme Court just agreed with the Trump Administration on the process of assessing an alien's ability NOT to become a "ward" of the state, i.e., has enough funds to not apply for Medicaid, etc., or other benefits provided to US citizen by the US Government.  The USCIS is to implement the assessment process.  I am wondering out loud, if in your case the same thing could happen in her assessment.  That is if you are a US Citizen trying to get your gf to the States.

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