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  • AFFIDAVIT OF SUPPORT

    Hello, I hope someone out there has a answer for me. Here is the question. I'm a US born citizen and have been married to a wonderful UK citizen for almost 2yrs now. After we were married in the US we moved to the UK. After 8mos we decided to move to the US, so I flew back this pass june to start paper work for the I-130 and the K3 visa. After 3mos we couldnt stand being apart anymore so I flew back to the UK. His K3 visa was approved and now he has recieved his packet from the embassy in London and I open it to find a form of Affidavit of Support. I dont have a job in the US and neither does he and I dont have any family in the US that can sponser him. Soon as we get back I plan of course to get a job straight away and so will he when he can start work. Welfare is the last thing that we wish to live on and I know that is the states dept. deal, but is there a way round this? Is there something else we can do that we are not aware of? We are in our 40's and just want to get on with our lives. We would stay here but England's employment over the age of 40 becomes very hard to be employed, but we both have a lot of options in the US.But I wont bore you with our life stories, but if anyone could offer some insight I would greatly appreciate it. thankyou

  • #2
    Hello, I hope someone out there has a answer for me. Here is the question. I'm a US born citizen and have been married to a wonderful UK citizen for almost 2yrs now. After we were married in the US we moved to the UK. After 8mos we decided to move to the US, so I flew back this pass june to start paper work for the I-130 and the K3 visa. After 3mos we couldnt stand being apart anymore so I flew back to the UK. His K3 visa was approved and now he has recieved his packet from the embassy in London and I open it to find a form of Affidavit of Support. I dont have a job in the US and neither does he and I dont have any family in the US that can sponser him. Soon as we get back I plan of course to get a job straight away and so will he when he can start work. Welfare is the last thing that we wish to live on and I know that is the states dept. deal, but is there a way round this? Is there something else we can do that we are not aware of? We are in our 40's and just want to get on with our lives. We would stay here but England's employment over the age of 40 becomes very hard to be employed, but we both have a lot of options in the US.But I wont bore you with our life stories, but if anyone could offer some insight I would greatly appreciate it. thankyou

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    • #3
      Do you have life insurance, cash, savings or property? Or does your husband have properties and savings too? This might help.

      Anyway hope to hear another ppl opinion on this. I'm not a lawyer, pls act accordingly.

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      • #4
        no we dont. No savings, no life insurance, not even any cash to speak of.

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        • #5
          Affaidavit of Support can be filed by anyone, who is willing to commit to the US govmnt that they will be financially responsbile for 10 years or up to point that alien gans US citizenship. Any ald friends neighbors in the USA could do it, if they are willing.

          Mind you, with neither of you employed and no cash to speak of..might be better for you alone to return to usa, secure good paying job first.

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          • #6
            no way am I going back to the US without my husband. When we leave this country it will be together. The state dept. told me when I called them that the only people that could sponser us was a family member in the US or a employer. We were seperated twice now due to this goverment BS and we wont do it again. We are just going to have to find a way. There has to be one. I dont understand why if the immagration approved and you think you got the visa and you can see the light at the end of the tunnel, that you now have to get the state dept to approve. does the state and immagration depts not trust each other? This support issue wasnt even mentioned on the previous paper work we did to get this far.

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            • #7
              If you are going to the US without a job, where are you going to sleep? How are you going to buy food?

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              • #8
                But my dear, there is a way...follow the prescribed protocol, or get yourself a job first!

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                • #9
                  Swiss, what do you mean follow the prescribed protocol? After we sell everything in our house here we will have enough to get plane tickets and over in the USA we have plenty of family to put us up and we will have some cash to get through till I get a job but not the amount the state dept will like. Its just none of my family has enough income to meet the guide lines that the state has set up.I have 3 grown sons in the states that wanted to try and sponser him but they dont make enough. I mean if the whole deal is they dont want him on welfare then red flag him on the welfare computers. Make it so new immagrants cant get welfare.I mean who cares I have never nor will I ever live off the dam welfare. I raised 3 sons on my own working 2 jobs and put myself through school and never ask a thing from the goverment. There has got to be a way to get around this without me having to fly back 4000miles and get a job and leave my husband and not see him for how long. We just cant do that again, be seperated.I f I hadent come back here to be with him after I filed papers we will have been seperated for the last 7mos.How do they expect 2 pp to try and have a marriage like that. I just dont get it.Its like a pentalty for marrying someone from another country.

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                  • #10
                    Sorry...double posted.

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                    • #11
                      Is there any of your families or relatives or friends that make more than 15,500 a year? Try to get one to sponsor your husband.

                      The good thing, if your case approved (K3),your husband can work immediately after he entered US and you don't have to go over hassle of AOS and so on. I hope you will find a solution to this. I understand how hard life can be, but there is always a way to it. Good luck.

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                      • #12
                        Hmmm, I don't know about that me2
                        Look at this link with regard to the K visa:
                        http://uscis.gov/graphics/publicaffa...life081401.htm

                        An exerpt:
                        "The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence)."
                        "K-3/4 nonimmigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so, they must submit a completed Form I-765 (Application for Employment Authorization)"

                        Also, i found this interesting information in USCIS website:
                        "If your relative is either a "K-1" fiancé(e), a "K-3" spouse, or a "K-2" or "K-4" child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."
                        Full text is at:
                        http://uscis.gov/graphics/howdoi/affsupp.htm


                        If thats holds true, then I think flower6 problem is solved already. No need to file for I-864 (affidavit of support) while filing for I-129F, and then wait for its approval (looks like about 2-3 months time according to NSC processing time.
                        After its approved, let husband go to the consulate to get his K-3 visa stamp, go to the US and initiate AOS & EAD once you already inside.

                        Note: that information about K-visa is from 2001, its possible something might have changed in the meantime.

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                        • #13
                          ok here is a update. My husband has a job offer from the states making over the $23000 for family of 4 and the employer will send the letter and all he needs for my husband. but, and there is always a but, on the embassy website it says it doesnt count for income, but on the packet he got from the embassy it says it does. So do you guys know if it does or doesnt? I really wish the goverment would get their story straight. You know when I started this I-130 and k3 I got a different answer to the same questions everytime I calle the BCIS or the state dept so I called the local congressman and he was very helpful, but he told me since 9/11 they have things so screwed up that they have no idea what they are doing. Isnt that sad? But anyhoo anybody know the answer to my question?

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                          • #14
                            Flower

                            you seem to keep missing the point here about sponsership. There are 2 of you. The income requirement need be 15K plus to qualify Now thats a job that pays around $8.50 hr. ARE you trying to tell us that you as the USC cannot find a job here for 8.25 hr???? Mcdonalds Wendys Walmart etc. or is it that YOU dont want to work? Just secure a job with required income

                            Sponsership obstacle should only come into play for when he is filing papers to adjust status. You are not adjusting status right now. Are u possibly confused or did the embassy tell u specifically that u needed the 864 before he can leave the country?

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                            • #15
                              4now, I'am going to work that is not the problem. I'am in the UK right now with my husband and we dont want to be seperated again by me going back to the US and getting a job and taking mos. to get a job and get pay stubs to show the embassy. Now maybe I'am confused hopefully, and you can clear this up 4 us, but I'am under the impression that in his packet from the embassy that you get when your at the point of your interview for the K3 visa,there is a form called the affidavit of support(I-134) I think its called. Now I'm under the impression that this form is for me,(his wife)to fill out and show that I have a job there that is going to support us. Of course I'm going to get a job. So is he. Hes a computer tech and I'm a tailor. But short of sounding stupid, this whole INS stuff is confusing me beyond belief. I've been in the UK with my husband for over a year and only been home for 2mos this past summer to visit family and file the I-130 and 129F, (which was approved by the ins and now I guess the state dept has to approve now)then I came straight back. but in this packet there is this I-134 form and a DS-230,DS-156 and a DS-156K forms. Please if you can inlighten me in anyway as to what all these are I would greatfully appreciate it. The I-864 was mentioned to me by the INS but it is not in this packet from the embassy.

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