Help please! K-1 Fiancee Visa Question Regarding Duration of Form I-134 Sponsorship

august says on Jan 27, 2009, 22:43:

To be more accurate that title should refer to "co-sponsorship," not "sponsorship," as that's my real concern.

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goin_south says on Jan 27, 2009, 22:45:

interesting twist of a question, august.
wish I could help.
Let us know the answer, please.

BUT, I THINK SAM KINNESON HAS THE ANSWER ON THAT RECENTLY POSTED VIDEO ON THE 'WHAT SHOULD I DO?' THREAD ;-))

nothin I say is to be takn for my words, but rather for the words of Sailor Jerry.

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Gator says on Jan 28, 2009, 08:20:

1. Remember the requirement to pay anything back only applies to the receipt of public funds/assistance. This promise to the government to support an alien entering the United States and that the alien will not become a PUBLIC charge. The I-134 is not sent when making your original application. It WILL be needed after approval is granted. She will need this and other documents for the interview with the US Consular Officer Bogotá.

2. To answer your question, anyone who is a U.S. citizen or a permanent of resident over the age of 18 can be a co-sponsor for your fiancee and they too must file Form I-134. Remember, if you are having a co-sponsor, then YOU still need to file Form I-134 even if you do not meet the financial requirements. The financial responsibility for this guarantee lies with those who sign the I-134 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. In your case she can apply for naturalization after three years of permanent residence and of marrige .

Be SURE to save a copy of the I-134 to aid in filing the I-485 which will require another affidavit of support called the I-864. The same requirements apply if there is another sponsor involved then BOTH you and the other party must file the I-864.

You should file the Adjustment of Status (I-485 ) as soon as you are married.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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ColombianoGringo (Moderator) (Trustee board) (☼Travelguide writer) says on Jan 28, 2009, 08:25:

ColombianoGringo (Moderator) (Trustee board) (☼Travelguide writer) says on Jan 28, 2009, 08:25:

Here are Gary's comments about this.

http://poorbuthappy.com/colombia/post/i-864-contract-enforcement/

I'm so hip, I have difficulty seeing over my pelvis.

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august says on Jan 28, 2009, 09:24:

That was a good link there. Thanks for the comments. My situation is complicated because the fiancee is pregnant and we're hoping to have the kid here in the States (a few months after getting married, yet she would still not be naturalized). This whole concern came about because my folks brought up a depressing hypothetical situation where some terrible complication arises during the delivery of the baby, wifey (and I) wrack up an enormous hospital bill that we can't afford and instead of me being able to declare bankruptcy, my parents, who have agreed to be co-sponsors, are held liable for footing the bill. What a damn headache. I guess I'm probably best off talking to an attorney about this.

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ColombianoGringo (Moderator) (Trustee board) (☼Travelguide writer) says on Jan 28, 2009, 09:27:

Gator says on Jan 28, 2009, 10:22:

CG is corrects you are not liable as a result of the affidavits BUT you could be liable for a civil court judgement and would anyone who cosigned or acted as a guarantee on any of the hospital or other personal bill.

the 864/134 only deals with federal-state public debts like food stamps, housing, etc. But if Medicare medicaid ware involved that would be a public debt.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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august says on Jan 28, 2009, 11:24:

Hmm, ok. This is good info. Thanks to you both. If neither of us are on Medicare or Medicaid going into the childbirth, though, can you guys imagine a scenario where we could somehow end up using Medicare or Medicaid funds to get us through the hypothetically expensive procedure? I've never had any direct exposure to either of those programs, so I have to admit I'm a bit under-informed here.

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Gator says on Jan 28, 2009, 13:49:

Remember, the I-134 says, it is not an enforceable document so your sponsor
need not worry. The only AOS that is enforceable is the I-864 and that only after the
AOS interview and, hopefully, approval.

Sorry- left out the work "not'

"But if Medicare medicaid were involved that would NOT be a public debt."

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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august says on Jan 28, 2009, 14:02:

Ah ha, well that's good news then. Alright, thanks for your help Sr. Gator.

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Gator says on Jan 28, 2009, 14:03:

A la orden

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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lpdiver says on Jan 28, 2009, 18:01:

Not to sound depressing; but, just how pregnant is she? It sounds like you have not actually started the process. She could well be having the child in Colombia.

Also can you not get some insurance on her through the university? I know when my first wife and I were married and I was attending university I got some very liberal kick ass insurance.

What about studying abroad (in Colombia).

Check all the options.

ts

Remember what the monkey says, "Fuck money it's free"

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august says on Jan 28, 2009, 20:06:

These are some good thoughts, lpdiver. I dunno, my tragic flaw is my undying optimism. She's about a month into the pregnancy thing and I'm just about ready to send in the packet to initiate the process. It's a long ways from there to the interview, but I talked to the office of one of my senators and they tell me that as soon as the packet is received by the government, they can start making calls. I'm aiming for less than 6 months, but we'll see.

I think you're right though, gotta explore all the alternatives.

School insurance is also good thought, I'm looking into that tomorrow.

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Robert Jorge says on Jan 28, 2009, 21:23:

August - I would relax on the K1 thing and not try to get her to the US just for childbirth. I am just giving you my opinion - and you didn't ask for it. Sorry. But in case it is welcomed (my opinion), I would start the K1 if I was in your shoes, but not make a great effort or look forward to your lady to be in the US before the birth. If I was in your shoes, my first thought would be "why?" They have excellent - world class - medical care in Colombia. Insurance there is infinitely cheaper than here in the US. Your lady will be supported by (probably) a huge amount of family during the pregnancy. Her being in a totally new, different culture WHILE in the 3rd trimester, while you're in grad school ..... come on. I am not saying don't get married or go through with the K1, but if I were in your shoes, I would wait 3 more months to start, and bring her to the US a couple of months after the child is born. Again, just my little take on it. Good luck.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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Papi de Alejo says on Jan 28, 2009, 21:30:

Adding to what Robert Jorge said, your child will automatically become a US citizen after you register its birth with the embassy. And if your fiance does not speak English, she will be better attended by her kith and kin.

Live simply... Love generously... Care deeply... Speak kindly...

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lpdiver says on Jan 28, 2009, 23:09:

You COULD get married there and go the K-3 route as well. The timelines are near identical. Although you have to get the marriage part out of the way.

ts

Remember what the monkey says, "Fuck money it's free"

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august says on Jan 28, 2009, 23:44:

No worries about the unsolicited opinion giving, more perspectives are appreciated. I admit there was some thinking on my part that the medical care would be better in California, which might not be completely true (although I don't see nearly as robust a civil court system in Colombia as in the US to keep professional mistakes to a minimum - I know, idealized), and it is true that the costs would definitely be less in Colombia. Given that I'll be graduating early May and the kid will be born probably around September though, I have to think about my work prospects. I need to start hustling as soon as I graduate. Can't bring a kid into this world on graduate assistant wages. I mean I've worked in Colombian offices and I just feel like I'm much better off in the US: more options, more money to support the kid, and personally, a more rewarding working experience (I never got into the professional environment in Colombia). The other thing is that her family actually wouldn't be able to offer us all that much support. It's basically her mom and a bunch of kids, and her mom has to work long, long hours just to support those kids. On the other hand, my folks are lucky enough to live more comfortably, have no more kids in the house, and have been waiting 25 years to spoil some grandkids and be the supportive grandparents in general. I dunno, I've got love for Colombia for sure, but as I try to think about what's best for the kid, I just don't see how Colombia would be our better option.

That assumes we have a choice though. Time's tight. Time is definitely tight.

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Gator says on Jan 29, 2009, 07:04:

It's your decision, anigo. Step up to the plate and make it.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Gator says on Jan 29, 2009, 18:37:

Ever get that Social Security card?

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Robert Jorge says on Jan 29, 2009, 22:37:

August - you are on top of it. My guess is that you are looking for more input .... which I would have, and have done myself, here on PBH too.

If YOU make the decision that a quick K1 visa is what you want to do, PM me. I will help you through it and give you pointers as to what will make it as quick as possible.

I do stand by my recommendation though. I would suggest making the best of her giving birth in Colombia and then looking forward to bringing your lady to the US with your baby. I am just thinking of the stress level, economic factors, and overall logistics of getting your pregnant lady here BEFORE child-birth.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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lpdiver says on Jan 29, 2009, 22:49:

August my friend, you are in an ideal situation actually. Why not boogie on down to Colombia when you graduate and hang there for the duration of the process?

Take some Spanish classes or some university classes.

Take a CELTA class.

Teach English.

Just hang out and chill for the duration of the immigration process.

I would inquire at the embassy about the requirements for DCF and consider them strongly. If dcf does not work you can be hanging with your new family whilst waiting for the K visa.

Just an idea.

ts

Remember what the monkey says, "Fuck money it's free"

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Robert Jorge says on Jan 30, 2009, 09:14:

I agree with LP. I do not think DCFs happen anymore though. And just a note: You must be physically in the US at the time of inititial filing of the K1. You can leave after filing, but don't try and start the process while out of the country. It won't work.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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ColombianoGringo (Moderator) (Trustee board) (☼Travelguide writer) says on Jan 30, 2009, 09:17:

Robert Jorge says on Jan 30, 2009, 09:40:

I have heard conflicting information on DCFs. I was, and am, under the impression it is a thing of the past. But yes, you would have had to prove actual residence in Colombia for a minimum of 6 months.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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lpdiver says on Jan 30, 2009, 18:02:

Well that is my point. He is graduating from school and as of now has no job. Why not line up something in Colombia. He would be so much better off; from an immigrations perspective, IF he can make the deal for DCF.

In the past, Colombia had a unique DCF situation. If you (the american spouse) showed up at the embassy for the interview you were qualified to file DCF. So you could fly down for the interview and return home and you spouse could enter two weeks later. That ended on the last day of June 2003, eleven day prior to my marriage.

IF you were to consider doing this you need to speak DIRECTLY with the embassy as this is a discretionary proceedure and not mandatory.

ts

Remember what the monkey says, "Fuck money it's free"

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Gator says on Jan 30, 2009, 19:47:

DCF in Colombia requires you be in-country and have lived in Colombia for 6 months as a RESIDENT. If you DO NOT LIVE in Colombia you cannot file I-130 for your spouse or file a K-1 Fiancee's Visa. Only US citizens living in Colombia can file the forms through the Bogotá Consulate. You will have to process papers through the USA center serving your US state of residence.

If you don't meet this requirements don't event try-you will only add three to six months to the process.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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manINred says on Jan 30, 2009, 22:42:

"I dunno, my tragic flaw is my undying optimism"

I have that August, it's servd me well thus far. Just don't give it up or life becomes droll

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lpdiver says on Feb 1, 2009, 00:01:

Gator...what EXACTLY qualifies one as a RESIDENT? That is the crux of my question. I doubt the original poster has any interest but I do.

ts

Remember what the monkey says, "Fuck money it's free"

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