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Immigration Forum / USA Marriage Base / April 2005I134 - supporting myself
Ok Im getting last minute nerves at all this as my interview is on tuesday and the London Embassy and im just wondering about the I134, now it does say on the form that you can support yourself, I have sufficient funds (£3000 in savings +£3000 in my current account) and I have the last 12 months of bank statements plus a letter from the bank saying they wouldnt write a letter (see earlier post...) but reading through everyones accounts it appears that I need my fiance Dan to complete the I134, and im worried that they are not going to accept me supporting myself. I could not get original statements from Dan in time now anyway, so should I be worried? Should I just fill out the I134 for Dan which you can also do but then I wouldnt have his supporting materials - arrghhhhh!! on a positive note I did get my medial results posted to me at work (sent by royal mail special delivery not courier) exactly a week after my medical. > Ok Im getting last minute nerves at all this as my interview is on > tuesday and the London Embassy and im just wondering about the I134, [quoted text clipped - 12 lines] > (sent by royal mail special delivery not courier) exactly a week after > my medical. nic, I'm not sure that I fully understand what you're saying or asking here, but - I doubt that 6,000 pounds sterling is sufficient funds for you to be self-sponsoring for a K visa, and - your husband's notarized signature needs to be on an I-134, so although you could enter all the information yourself it wouldn't be usable until he signs it. Regards, JEff  SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > nic, > [quoted text clipped - 7 lines] > > Regards, JEff Hi Nic I self sponsored last year. I had all my financial information bank statements investments a current valuation on my flat etc. Put it all on a spreadsheet. They only glanced at the spreadsheet, not interested in the rucksack full of supporting documentation.. BUT I assumed a figure of GBP50,000 plus would be needed to self sponsor. This being 5 times the 125% Poverty level for 2. The amount is assets you can realise in a year, which covered everything I had. Now it may be in your rush there are bits missing from your post but otherwise you will need your other half to sponsor you. > Hi Nic > [quoted text clipped - 11 lines] > Now it may be in your rush there are bits missing from your post but > otherwise you will need your other half to sponsor you. It would only have to be for a family of one since the OP would be only sponsoring themselves. If, of course, there are other members of their family going under K-2's then the figure would increase accordingly. SignatureI'm not an attorney. This disclaimer is valid in NYS! > It would only have to be for a family of one since the OP would be > only sponsoring themselves. If, of course, there are other members of > their family going under K-2's then the figure would increase > accordingly. it is just myself, but Im sure I read a while back that as the K1 visa is for 90 days you only needed £1000, after that for the AOS you did need a sponsor. My fiance is faxing me copies of statements . tax returns and payslips right now, hopefully this will be ok. Where does it say for the K1 5 x 125%? As Ive been searching for this info today and I couldnt find any kind of statistics associated with it. thanks. > it is just myself, but Im sure I read a while back that as the K1 visa > is for 90 days you only needed £1000, after that for the AOS you did > need a sponsor. My fiance is faxing me copies of statements . tax > returns and payslips right now, hopefully this will be ok. Where does > it say for the K1 5 x 125%? As Ive been searching for this info today > and I couldnt find any kind of statistics associated with it. thanks. A K-1 beneficiary must supplied an qualified affidavit of support from the USC and/or co-sponsor. If assets are used they are to be 5 x the 125% of the poverty guidelines. This rule is part of the instructions on both the I-134 and the I-864. While it is not spelled out that way at the website for the US Consulate in London, http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html, it is reasonable to believe that the same provision/amount is required of the self-sponsoring foreign fiancee. You must show that you will not become a public charge while in the US and to met that requirement you are to show that you can be self-supporting at 125% of the poverty guidelines derived from income or 5x that amount if derived from assets. Is there any reason why you choose not to have your fiancee do the I-134 in the first place? He will have to do so for the adjustment of status and since the I-134 is not enforceable but the I-864 is, I'm curious why you have not chosen to allow him to financially sponsor you. SignatureI'm not an attorney. This disclaimer is valid in NYS! > A K-1 beneficiary must supplied an qualified affidavit of support from > the USC and/or co-sponsor. If assets are used they are to be 5 x the [quoted text clipped - 16 lines] > I'm curious why you have not chosen to allow him to financially > sponsor you. Rete, Where is this rule shown with regard to the I-134? I can't find any quantitative financial requirements at all with regard to the I-134, it seems to be merely a document that lists one's financial resources with a promise to make them available for the visa applicant. Nor can I find any quantitative financial requirements in either the FAM or DS-2000 (OF-167) - only the subjective requirement that the visa applicant show that they are unlikely to become a public charge. Do you know if there's something more quantitative and specific with regard to financial requirements for K visas or the I-134 in the INA? Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > Rete, > [quoted text clipped - 11 lines] > > Regards, JEff I assumed two as this was our worst cases scenario, it is not clear, the actual difference between 1 and 2 is minor anyway. Thinking back, this may partly explain the indifference by the Embassy, I seem to remember a comment to hang on to all my data for AOS. I just got the impression that it was not a big issue at the Embassy. Having said that I would not be happy going in with just this level of capital, if that is all that is possible I would want to check with the Embassy first. I can not think of any logic as to why there would be one basis for the Embassy and one for AOS, but logic is not always a feature of this game. > I assumed two as this was our worst cases scenario, it is not clear, > the actual difference between 1 and 2 is minor anyway. [quoted text clipped - 11 lines] > the Embassy and one for AOS, but logic is not always a feature of > this game. Boiler, It's not a question of consulate v AOS, it's non-immigrant v immigrant. The consulates (actually the NVC takes care of it now, unless DCF) do require I-864, with it's specific financial requirements, for immigrant visas. The I-864 was created by legislation in (I believe) 1997 because the then financial requirements and I-134 affidavit were considered to be inadequate for immigration purposes. However the old requirements remain in place for non-immigrants - including, as far as I can tell, K non-immigrants. When Ks become immigrants - when they adjust status - they become subject to the newer, more strict, immigration financial requirements. Folinskyinla could probably provide some interesting (and more accurate) information about this. Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > Boiler, > [quoted text clipped - 17 lines] > > Regards, JEff I appreciate that the I 134 does not appear to be enforceable, and am aware of some of the history. I also appreciate that the K1 is not an immigrant visa. At the time I looked to see how much I needed to show, the only information I could find was the 125% figure x5 as I obviously had no job to go to. I have never seen mention of any other figure. There could be a variety of reasons for the lack of interest I experienced at the Embassy, such as: Its unenforceable so who cares Its really an issue for AOS It only needs to cover your K1 'status', which could be a couple of days. Nobody knows how much. They saw from their brief glance it was much more than whatever was their minimum number. Logic says that you should not need to show any more funds than if you were entering on the VWP. But the terminology is the same as for AOS. > I appreciate that the I 134 does not appear to be enforceable, and am > aware of some of the history. [quoted text clipped - 20 lines] > Logic says that you should not need to show any more funds than if you > were entering on the VWP. But the terminology is the same as for AOS. Boiler, I have seen this information only with respect to the I-864 and immigrant visas or adjustment of status. I have not seen mention of any figures with regard to K visas - except in newsgroups, where people appear to be applying the immigration and adjustment requirements of I-864 to K visas. 9 FAM 40.41 N4.6-2a says that a visa applicant, when I-864 is not required, and when relying on their own financial resources, must have an income that equals or exceed the poverty guideline. There are also paragraphs in N4.6-2 about the use of assets, but nothing quantitative. 9 FAM 40.41 N4.6-3c specifically says with regard to the use of I-134 that the income requirements of I-864 (125% of poverty level) do not apply. again, N4.6-3 says nothing quantitative about the use of assets. Do you recall where you found the quantitative information about assets used to meet the requirements for K visas? Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > I appreciate that the I 134 does not appear to be enforceable, and am > aware of some of the history. [quoted text clipped - 20 lines] > Logic says that you should not need to show any more funds than if you > were entering on the VWP. But the terminology is the same as for AOS. If you use an I-134 at K1 interview stage the sponsor is simply required to earn more than 125% of the poverty level. The 125% x 5 is if you use assets for the I-864 at AOS. Just like Boiler, I self sponsored at my K1 interview as (if going through London) you have three choices as to the evidence you can present that you won't beome a public charge ( 1) your own funds, 2) proof of US employment or 3) a co-sponsor). I didn't bring an I-134 to my interview as I went the "own funds" route which were comfortably over the minimum amount the Embassy told me they would accept. Unfortunately that amount isn't written down anywhere (how helpful...) so I just emailed them and they replied back that if I had "upwards of a thousand pounds" (their words) I would be fine. (I know it doesn't seem like a lot but hey - that's what they said!!) If you want to use your own funds then just drop the Embassy a line and ask how much they'll accept - the amount might have changed since I went through 18 months ago. But all I brought to my interview is a bank statement and a letter from the company I was using to transfer the funds over to the States following my arrival. These were accepted at interview without question. You can bring an I-134 as well if you like - no harm in doing so. I didn't see a need to as I was comfortably over the minimum funds level (the amount in funds you (the OP) have was similar to what I had actually). The decision is entirely yours ;-) cheers Jason > I assumed two as this was our worst cases scenario, it is not clear, > the actual difference between 1 and 2 is minor anyway. [quoted text clipped - 11 lines] > the Embassy and one for AOS, but logic is not always a feature of > this game. And it should be noted on this thread that not all US Consulates allow self-sponsoring by the foreign fiancee. Montreal's US Consulate is one of them. My husband at the time of our K-1 was receiving a military pension of $36,000 Cdn ($19,000 US) and owned a townhouse in Ottawa with an approximate equity of $25,000 Canadian and the US Consulate would not accept his "worth" but wanted an I-134 from me at 125% of the US Poverty Guidelines for the year 1998. The US Consulate in London is one of the very few that I have seen in 7 years of participating here that allows a fiancee to financially self-petition. Rete SignatureI'm not an attorney. This disclaimer is valid in NYS! > Ok Im getting last minute nerves at all this as my interview is on > tuesday and the London Embassy and im just wondering about the I134, [quoted text clipped - 12 lines] > (sent by royal mail special delivery not courier) exactly a week after > my medical. hmmm - ok it's totally fine that you're self-sponsoring (I did the same thing at my London K1 interview - didn't bring an I-134) and the funds you have are also fine (I had roughly the same amount as you did). What worries me is the evidence you've assembled?? A bank statement is good - but a letter from a bank saying they "wouldn't write a letter" is not. The bit that you need to concern yourself with *immediately* is this bit (under the "Applicant's Own Funds" section) on the London Embassy website: "If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided." (http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html) I used a company called HIFX which are in Windsor to transfer my money over to my fiancee's bank account after I got my K1. HIFX gave me commercial exchange rates (way better than High Street ones) and wrote a letter for me to take to my interview that explained to the Embassy how my money was to be transferred to the States and where in the States it was going and what the amount was. That letter, coupled with a bank statement was the financial evidence I brought to my K1 interview, which was accepted without question. You must provide this letter (or something similar) at your Tuesday interview. It's fine having the funds - but if you can't show proof that the funds are moving with you you're going to be in trouble. Contact HIFX (www.hifx.co.uk) and let them know the score - they should be able to help you out in time. good luck Jason > It's totally fine that you're self-sponsoring (I did the same thing at > my London K1 interview - didn't bring an I-134) and the funds you have [quoted text clipped - 32 lines] > > Jason Well if they only want a grand they you could take it in readies. Just goes to show that there is always something that you think is one way and it turns out to be another. I think that transfer bit is from another age, one of my old passports has a bit about the GBP50 limit you were allowed in foreign exchange! But it might still be an issue in some countries. > It's totally fine that you're self-sponsoring (I did the same thing at > my London K1 interview - didn't bring an I-134) and the funds you have [quoted text clipped - 32 lines] > > Jason thank you everyone for all your help, basically now I have the I134 filled out by me for my fiance (which you can do as there is a specific box at the end of the form for me to sign) I have copies of his bank statements , tax returns and pay slips, plus a letter from his employers saying he is a permanent employee and the date he started, for some reason they (disney) wouldnt state his salary. I am still going to have the evidence to support myself as well, I read through the info form for evidence that you have to present (IV15b), it says that I only have to provide evidence of sufficent funds until suitable employment is found. although is doesnt specify amounts and depending on how thrifty you were and what job you were prepared to do I guess it doesnt have to be that much money, Im sure £6000 should cover this. The Natwest bank where I have had a current account since 93' would not write me a letter as they said that the embassy had to contact them directly, I told them my situation,showed them the from IV15b, but they still wouldnt do it, So I left with a letter stating they wouldnt write me a letter and the reasons why, which was stamped and has the card of the person writing it attached. I have a year of bank statements, there is nothing more I can do, I basically sat in Nat West refusing to leave unless I had something in my hand to prove I had tried to get this info. I have rang the embassy and they seemed to think this was fine. My boyfriend and I have transferred money between our accounts before, which I have proof of and Im going to take this with me, with a letter stating this is how I will transfer my money. Personnaly Id rather just put my maestro card into any ATM there and just draw it out in cash and then deposit it into an american bank when I set one up, but I guess I cant prove this any more than a letter from a company saying how you are going to transfer funds is in anyway proof that you are going to do just that I mean its hardly a legally binding contract. But I also understand that this is the US Embassy after all. I will contact that transfer comany in windsor to see if they will email me something similar first thing tuesday morning. I am completely aware that the AOS affidavit is a very different situation. but again thank you for all your help and support. > thank you everyone for all your help, basically now I have the I134 > filled out by me for my fiance (which you can do as there is a [quoted text clipped - 31 lines] > very different situation. but again thank you for all your help and > support. Hi nic, I'm curious about this part. Yes, there is a place where you can sign that you've completed the form for your USC fiance. However, HE is still the sponsor, and I believe would need his own notarized signature in the appropriate area. But you're saying he hasn't signed the I-134 at all...only you did, right? Please let me know if the way you did it ends up working for you...this little detail has made me very curiuos. Thanks! Rene > thank you everyone for all your help, basically now I have the I134 > filled out by me for my fiance (which you can do as there is a [quoted text clipped - 31 lines] > very different situation. but again thank you for all your help and > support. Well actually it is legally binding - when you phone HIFX and tell them to proceed with using your money to purchase US Dollars - they stress right from the outset that that phone call *is a legally binding agreement* between you and them. You speak directly with the broker and all calls are recorded. They won't issue that letter until you have told them to proceed so once the letter has been written, your currency has been purchased and they have set the transfer up. All they then do is wait for you to tell them to 'push the button' to wire the money over to the States. HIFX were great because as I said - they give you commerical exchange rates so you get a lot more dollars than you do just going into a bank or travel agent on the High Street. They also transfer your first transaction for free. Jason |
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