QUESTION

K1 visa and Form I-134

Asked on Jul 24th, 2013 on Immigration - New York
More details to this question:
I am planning to apply for K1 visa for my fiance, I have a question about the Form I-134, I was self employed before and my income meet the requirement of 100 percent of the federal poverty guideline, but currently I am unemployed (taking training classes and continue trying to find a job), but I have other financial supports (bank account, real estate in foreign country), do I still have to include a joint sponsor? I have no problem with including a joint sponsor but I want to know if it is required for the Form I-134 when I have other financial supports besides income. Also, is K1 visa a good way, how many months it usually takes to be approved? How is K1 compare to I-130, Petition for Alien Relative, how many months this usually takes to be approved?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Form I-134 affidavit of support is not as formalistic as an I-864 support form, and so it is possible that an American consulate officer may be willing to take your I – 134 along with proof of bank account and other assets. You might also wish to include a statement explaining your present situation. Insofar as timing is concerned, the present processing time chart of U.S.C.I.S. shows that fiancé petitions are taking approximately 5 months to adjudicate and that I-130 petitions are backed up to those filed before October 22, 2012. Looking at our past cases, it appears that U.S.C.I.S. is actually somewhere between January – February 2013 on the adjudication of immediate relative I-130 petitions. It would likely be quicker to do a fiancé petition overall, especially as the consular processing time is also shorter. As you know, you must marry within 90 days following the entry of your fiancé, and your fiancé will have to adjust status to permanent residence through the filing of a proper application for permanent residence in the States.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Aug 11th, 2013 at 8:34 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If your own income or assets are sufficient, you do not need a joint sponsor.  However, I recommend using one in your situation.  Wether you pursue a immigrant visa processing (I-130) or a fiancé visa is a personal decision.  Each has advantages and disadvantages.  The total time from start to green card is about the same for each.  Figure about a year.
Answered on Jul 29th, 2013 at 1:34 AM

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