K-1 FIANCÉE VISA VIDEO TUTORIAL #24: K-1 Visa Processing Form I-134

okay so we are now moving through this packet 3-letter we’re almost done here and we have now gotten all the forms prepared that’s good we’re going through the checklist of documents we’re making sure we’ve got everything so Passport we definitely have it photographs yep birth certificate yet police certificates got that medical exam yep intent to marry letter definitely after the evidence of domicile yes affidavit of support this is the one we’re gonna do now the affidavit of support they’re talking about is actually this I 134 okay and this I 134 is what they’re talking about they’re talking about evidence of support they’re talking about all of the attachments that we’re going to use so we’re gonna go through this now and we’re going it’s got some good information on here and I’m gonna blow this up so we can look at it and get make it really easy for us to look at and go through this okay what’s the purpose of this form section 212 a for the immigration Nationality Act the Act bars the admission into the United States of ale any alien who in the opinion of the US Department of State officer adjudicating abilities of application by department of homeland security officer or an immigration judge adjudicating an application for admission it’s likely at any time to become a public charge and this goes way back in the history of immigration you know way back in the history of immigration didn’t want to bring in people who were going to be a burden to society and this is what we call public charge as a financial burden to society for alien seeking admission or adjustment as permanent residents as immediate relatives family based immigrants and certain employment based immigrants is specified in Section 212 a 4 C into 13 a of the act and 8 CFR part 2 13 a the petitioning relative must form I 864 okay so we’re not doing i-864 we know that we got to do I 134 from Iowa and 34 maybe using any case in which you are inadmissible on public charge grounds but in which you are not required to have form I 864 filled on his or her behalf so this is like a fiancee visa section 213 and the Act not section 213 a permits the admission of an alien who is inadmissible on public charge grounds in the discretion of the Secretary of Homeland Security upon posting of a bond or other undertaking form i-130 for is the undertaking prescribed in section 213 of the Act okay so this is going to get someone in who is going to be considered a public charge do not use form i-130 for if the alien whom you are sponsoring is required to form AI 864 instead that’s really true okay so when we’re going through an adjusting status or on the other video when when the husband and wife are already married and we’re bringing a spouse into the United States we’re gonna use I 864 but for this video the fiancee video for the fiancee visa we’re using the I 134 okay execution of affidavit if you are sponsoring more than one alien you must submit a separate I 134 for each alien form i-130 form must be signed in your full name no signing I of 134 is under penalty of perjury under US law for this reason it is not necessary to sign form i-130 4 before a notary so that’s good to know nor to have your notarized say your signature notarized after you sign it okay so it’s not that kind of an affidavit how to fill out form i-130 for type or print legibly in black ink yes if extra space is needed complete any item attach a continuation sheet indicate the item number and date and sign each sheet I think all the information pretty much fits on here there’s not a lot of lengthy questions that require continuation sheets supporting evidence as the sponsor you must show that you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States evidence should consist of copies of any of the documents listed below that applies to your situation yeah failure to provide evidence of sufficient income or financial resources may result in the denial of the aliens application for Visa or his or her removal from the United States submit in duplicate evidence of income and resources as appropriate and that’s true

they will definitely deny your fiancee visa at the Embassy if you do not provide them sufficient evidence to show that you are going to be able to support your fiancee for that reason it is very important if you cannot show sufficient resources you’re gonna need to have someone else another US citizen or permanent resident preparer one of these i-130 fours as a joint sponsor so you are sponsoring and you’ve got someone else sponsoring at the same time so you would want to bring two of these with you to the fiancee visa interview okay and we’ll go into what that means and a little bit more what is the idea of sufficient income we talked about that here submit in duplicate evidence of income and resources as appropriate a statement from an officer of the bank or other financial institutions with deposits identifying the following details regarding the account so here’s when you want to use a bank account data account opened total amount deposited for the past year and present balance so the total amount deposited for the past year is going to be when you have income other than income that is declared on a tax return because we’re suggesting you do is provide tax returns to show the amount of money that you actually earned and you report it to the IRS okay that’s very solid evidence but a lot of times people don’t file a tax return so if you’re going to bring in a bank account statement showing it look I have into this amount of money then this is how you do that statements of your employer on business stationery showing date nature of employee salary paid and whether the position is temporary or permanent okay we definitely going to be suggesting you do this it’s self employed okay copy of Liza income tax return filed or a report of commercial rating concerned so a report of a commercial rating concern a lot of people don’t have commercial rating concerns list containing serial numbers and denominations of bonds and name of record owners obviously most of the small businesses who do this if self-employed will use the tax return method sponsor an alien liability okay under section 213 of the Act if the person you’re sponsoring becomes a public charge the agency that provides assistance may be able to sue you to recover the cost of the assistance in addition to that provision your income and assets may be combined with the income and assets of the person you are sponsoring and determining whether that person is eligible for food stamps Supplemental Security income and Temporary Assistance for Needy Families so this is kind of a sideline thing but you need to know that when you sponsor a fiancee and if she does come into the United States and then later on she takes food stamps welfare of some sort then those agencies might be able to come back to you the petitioner and find in her immigration paperwork hey here’s an affidavit of support signed by the petitioner they will use that to get the money to reimburse them for that assistance okay what is saying here in this paragraph is that the if that she does want to file for food stamps in order to qualify you know you have to be poor well they may use the affidavit of support and your income petitioner to combine with the beneficiary with the fiancee coming in to show that whoa she’s really does have support above the poverty line or whatever the cutoff is for the benefit so they’re gonna be able to deny her benefits based on the fact that will someone side for an affidavit of support for you so you’ve got that income to help you we don’t need to give you any benefits okay documentation of income and resources and applying for SSI must make available to Social Security Administration documentation concerning his or her income and resources and those are the sponsor including information that was provided in the corresponding application an alien applying for TANF or food stamps must make similar information available to the state public assistance agency the US Secretary of Health and Human Services in the u.s. secretary Culture are authorized to plan copies of any such documentation zoom-in of the u.s. CIS or the US Department state and to release its documentation to a state public assistance agency so again here they are they are saying that you have a duty to inform them that someone did file an affidavit of support for you to help you in the event that you’ve got food stamps joint and several liability issues a total law joint and several liability this is so out of law school right here section 1621 e of the Social Security Act and subsection 5 I of the Food Stamp Act also provide that an alien and his or her spouse shall be jointly and

severally liable to repay any SSI tamp or food stamp benefits that are incorrectly paid because of misinformation provided by a sponsor or because of a sponsors failure to provide information except where the sponsor was without fault or where good cause existed here we joint and several liability means the alien and the sponsor are each liable for up to the full amount of any repayment date date repayment due so they can get it all from the sponsor they can get it all from the you know from the petitioner canceled from the sponsor or from the fiancee and then the two you guys can fight out on who’s gonna split it if they’re supposed to go back you know go back against one another in court incorrect payments that are not repaid will be withheld from any subsequent payments to you or your sponsor are otherwise eligible under Social Security Act or food stamp act so they’re really serious about this they do not want immigrants coming and just to go on benefits in welfare these provisions do not apply to SSI Tam for food stamp eligibility of aliens admitted as a refugees okay we’re cool with the refugees granted asylum or Cuban Haitian entrance as defined in Section 501 EF PL 96 for to – and to dependent children of the sponsor or sponsor spouse okay so sometimes it has my kid I’ve got food stamps or my kid I got medical for my kid you know dependent children of the sponsors of Timothy Baker in this case he’s the sponsor my dependent children are getting food stamps and stuff that doesn’t matter that’s okay translation right we know about translation copies okay let’s specifically require them an original document be filed which at the interview we do need an original document filed okay with an application repetition any ordinary legible photocopy may be submitted original document submitted will not be when not required will remain a part of the record okay where to file we know where to file what’s the filing fee no filing fee address changes okay we know about address changes processing information this is gonna be all done in live live with the embassy Chris more information review they’ll ask for sure forms and information we don’t need any this penalties we know that it’s gonna be severe penalties if we like including criminal prosecution so we’re definitely not gonna do that see what else we got Privacy Act notice no privacy no there’s definitely privacy from normal people but for the all of the government agencies uh-huh they do have the right to any of this information okay great so that is the instruction sent to the AIA 134 here is the AIA 134 itself this affidavit of support so we know going into this then we’re gonna need to put some documents together for for this petition now here’s a question about this information this is obvious okay name address right I was born Flint Michigan USA etc out cake right and then you have a US citizen through naturalization no no no 31 years of age resign the United States since date of birth right okay so we got we got all that good okay um affidavits executed on behalf of the following persons and King Elizabeth female 30 Canada single relationship sponsor fiance presently living in Toronto at this information okay name of spouse and children accompanying or following to join vows we have none she’s not married right and then child none so we got that cool and so here we go um this information then is basically restating what it said all the warnings in the instructions right okay so here’s what we get down to it now you in number seven here here’s where you choose what to pledge on behalf so the question is okay how do I know how do I know if I’m gonna be okay with this well there is this there is a document called the poverty guidelines okay and so let us go to the poverty guidelines and where we find the Punk guidelines are on the USCIS it’s the USCIS website right and USCIS you can go poverty guidelines or you can go I ate six four

P right and the i-864 P poverty guidelines right comes up there we go poverty guidelines for the USCIS this is a guideline to know if you need to get a joint sponsor or not okay so basically with the poverty guidelines then here they are and the way these work is they’re talking about minimum income requirements for use in complaining form I 864 okay so these are not legally binding towards the i-130 for okay so that’s true and can they deny your application for a fiancee visa if they believe that you that she’s gonna be a public charge cuz you don’t have enough money to sponsor her yes they can okay what is what are the numbers were actually talking about well let’s look at this we know that four i-864 if you got over a hundred and twenty five percent of the poverty line you’re okay so for the i-130 four that’s gonna work as well so let’s look at this then here’s Timothy family of two right for him and his wife but he has the two kids but they’re not on his tax returns or not it dependents but we’re gonna consider them anyway and we’re gonna look at it as a family of four okay so we know that if he’s making twenty five thousand a year right there right come on right there right if he’s making $25,000 a year he’s fine he’s fine okay if he’s making less than that he’s got to worry about twenty thousand well twenty thousand would support a family of three so that’s a possibility to sixteen five well if you’re just him and Timothy that could be a good argument there too and look what the hundred percent of the poverty line is thirteen thousand two hundred okay but look just think about it you know if you’re earning the poverty line if you’re at the poverty line there’s gonna be suspicion that your fiancee you’re not gonna be able to pay back welfare if your fiancee goes on welfare and there’s actually kind of a suspicion that she’s gonna go on welfare because you’re in the poverty his own right so but these guidelines then okay I would say look at in in a case like this where Timothy has two kids that he’s you know paying child support on then they’re young we’re gonna look at this family of four here right twenty five thousand if you’re less than 25 thousand you might want to consider getting a joint sponsor getting someone else to help all right great this also defines a federal means-tested public benefit these the ones that if you take a means-tested public benefit you can probably be paying back the petitioner might be have to pay back the government so this is food stamps Medicaid Supplemental Security income Temporary Assistance for Needy Families and the state child health insurance program that’s chip right and then here’s the state means-tested public benefit so each state will determine which of any of its public benefits or means-tested if a state determines that it has program those Muta this definition is encouraged to provide notice to the public on which programs are included check with the state public assistance office to determine which if any state assistance programs have been determined to be state means-tested public benefits so if I were looking for Tennessee I would go go in Tennessee means-tested public benefit right right here means-tested public benefits pop up and look and see if the benefit I’m about to take is a means-tested you know cuz if you means test it right if you have the means to pay for it then you’re not gonna get it for free if you don’t have the means to pay for it then you can go ahead and get the benefit but they’re looking at your income to determine whether or not you get this benefit for free programs not included following federal and state programs are not included as means-tested benefits emergency Medicaid short term non-cash emergency relief services provided in the National School Lunch and child nutrition acts immunizations and testing and treatment for communicable diseases student assistance under the Higher Education Act and Public Health Service Act certain forms of foster care or adoption assistance under the Social Security Act Head Start programs means-tested programs under the Elementary and Secondary Education Act and job training Partnership Act programs okay so again this is for i-864 this is not for i-130 for a lot of there’s a lot of more flexibility around i 134 it’s not as rigorous and it’s not as compartmentalized as the i-864 and guess what you might as well be filling out an i8 64 when they’re involved because the USCIS and the Department of State are

gonna can can knock out and and refused to issue a visa if they feel that you are going to be a public charge so that’s what is true so when we’re here then okay and we’re looking at accounting we’re gonna go to our tax returns right I derive an annual income of if self-employed I’m gonna toss a copy my last income tax return right income tax return or report of commercial rating concern which they certified to be true and correct to the best of my knowledge and belief commercial rating concern you know what standard and poors you know that’s pretty I mean pretty much unlikely a small you know small business person who’s doing a Schedule C on their own tax return is gonna have a you know commercial rating return a commercial rating letter see instructors from nature of evidence net worth to be submitted that’s fine so anyway sixty thousand dollars how did I get that okay well for Timothy here we went to is tax returns and here are his tears this is happening in 2011-2012 okay here are his his 2011 a w-2 right so this is from acne Inc and this is showing him as a hundred and forty eight thousand twenty so that is some really good money right that’s some good money and the truth is is that on this application okay um his tax returns for 1040 2011 show the same thing one hundred and forty eight thousand twenty so why don’t I put a hundred and forty eight thousand twenty or actually 148 thousand 195 why don’t I put any of that on there okay well because it is no longer 2011 it is now 2012 right people so what does my employment verification letter say okay please be advised that Timothy Parker has been employed with us from April of 2008 until president his accountant his current base salary is 58 to 88 year and he all can also earn some business some bonus based on his cost-saving efforts he works full-time if you have any more questions please contact me so as of 11:30 of 2011 okay he earned his base salaries 58 to 88 so – and he got a bonus so that is not in existence at the time of filling out this I won 34 alright so I Drive an annual income of alright every year I’m making this 60,000 is it good you know summary yes he might make more but his base salary is in the employment employment verification letter see what I’m saying so this is a conservative way of stating his salary based on the letter so what if you send in this form and you put what you know 158 and then your employment revocation letter says a base salary of 58 60,000 okay it’s gonna look looked on as a misrepresentation so be very careful when you have a difference between the employment verification letter and last year’s tax returns okay they really want to know what your what you’re getting right now then you have I have on deposit in savings banks in the United States blank we’re not doing that we’re just using this this covers us so we’re good personal property the regional value of which is you can add this up if you don’t make this income then you can start going into your bank accounts how much cash personal property how much you value that but when you’re doing personal property okay forgetting use personal property you need to document the value of it somehow through an appraiser maybe have insurance on it you know if you have a gold collection or mink coats or whatever you have you know you might have homeowners insurance that lists it enlists the value the replacement cost of it so that’s where you would need to independently verify actually how much the value of that is I own stocks and bonds the following mark values indicate on the attached list which I certify to be true and correct to the best of my knowledge and belief so sure you can check what the value is at the stock on this date send a sheet with that information on it show copies of your stock certificates and/or your mutual fund receipts you know and enter the dollar amount there I have life insurance in the sum of blanks so life insurance unless you can borrow against it you know that’s what they’re really talking about you know how much equity have in your life insurance that you can actually borrow against with a cash

surrender value of whatever that is unrealistic valued at okay here’s your real estate thing with mortgages or other encumbrances thereupon amounting to blank which is located here here here there so the real estate value you know in when you’re getting real estate what they really like is to see a professional appraiser give the real estate value could you use a tax assessor’s letter yeah you could you could use the tax assessor’s but as long as you’re put you know it’s not as good as obviously the the professional assess a professional appraiser right tax assessor’s is not as good as that but you could use that on here and with and then with the mortgage then you’re going to be getting the difference between what the value is and what your mortgage is to determine what your equity is and if your equity is more than I would say maybe three times what the poverty guideline is you’re going to be okay following persons are dependent upon me for support okay so there’s Sally and Shelton Timothy’s two children from the petitioner and they are partially dependent and so two and one and they are children child okay I previously submitted affidavits of support for the following person none he’s never done this before I’ve submitted a visa petition okay yeah Dan King my fiancee twelve eleven so remember the visa petition was filed months ago and that’s approved so we’re gonna list that here and it’s recent so they’re gonna know it right and then here this is eleven is a trick question okay I am and I do not intend to make specific contributions to the part of the person named in item 3 well by saying I do not intend to make specific contributions at the port of person I’m an item 3 it seems like ooh you’re stingy you’re not going to make specific contributions to the person is this an affidavit of support people aren’t you going to support her of course I intend to make specific contributions right cancel that’s not the way this question is meant to be answered all right if you make specific contributions that means I’m only gonna give her food and water you know I’m only gonna give her a place to say I’m only going to you know make contributions for her in case she has emergency medical needs but I’m not gonna pay for anything else so listen this if you check in tend indicate the exact nature and duration of the contributions for example if you intend to furnish room and board boards food state for how long and if money state the amount in u.s. dollars and whether it is to be given a lump sum weekly or monthly and for how long so fiance’s we are gonna pay for everything that comes up we’re not saying I’m gonna pay for this and I’m not gonna pay for that we’re saying everything so for that reason we checked 11 do not intend to make specific contributions to the support of the persons named in item 3 we’re making general country we’re gonna pay for everything nothing specific great and both or affirmation of sponsor right I acknowledge that I’ve read sponsor any liability I certify the penalty of perjury statements are true and correct seems your sponsor and date okay sign it and send it in and again what are we going to send it in with well we’re going to use the pay stubs right we’ve already you already seen these but here’s the pay stubs right and these have them these are three of the most recent pay stubs which tell them what we’re making like now right well we’re making now and so these pay steps are hard to hard to see but guess if I blow them up they’ll be easier but see the regular earnings this guy’s making you know 2241 you know every two weeks right that’s you know that’s not a hundred and fifty thousand you got a big bonus on that so when you have bonus earnings you got to be really careful about adding that in okay so there’s our pay stubs you saw our employment verification letter tax returns of course we have three years of tax returns and w-2s so there’s the w2’s let’s go with the tax returns right and and so that is this piece right here evidence affidavit of support and evidence of support now evidence of domicile okay I just showed you all of the tax returns all of the letters and all of the pay stubs so those are evidence of the domicile as well so that’s why we’re checking evidence of domicile for for this are based on the

information we’re providing with the affidavit of support you