Tweet
I have a question about the I-134 required for the SB-1 visa.
My wife (Thai national) has already been to the First two interviews for her Visa case.
We have received a refusal from the embassy:
Your case has been reviewed today and the attached is your refusal. Instructions on I-134, affidavit of support is available at https://www.uscis.gov/i-134 .
We submitted an I-134 for her (no income since her hospitalization to recover before returning to US), myself her husband and our father in law because my income while in Thailand is nowhere near the poverty guidelines.
Our father in law should have met well over three times the poverty level for the size of household.
When I asked them why she was seen as a possible public charge as our father in Law should have exceeded the requirements I was told:
I-134 affidavits from joint sponsors are not legally binding in for this category of visa petition.
This seems ridiculous as the reason she has been away from the US for so long is because of a major surgery. How can she be expected to sponsor herself without a joint sponsor. This seems to be a catch 22 as she can not make the income required being in a third world country and she can not return to the US to make adequate income to meet US poverty guidelines.
Finally I asked them if my I-134 would be accepted to overcome the poverty guidelines but was told in response:
The Immigrant Visa Unit is unable to review your submitted documents through emails as we are not able to pre-approve cases without the actual form.
This does not answer my question. It has been two weeks of emails back and forth with the US Embassy in Thailand and I am still at a loos as how to resolve our issue with her case.
Please help with providing details about the requirements for this particular category of visa petition.
1. Is a joint sponsor for the I-134 allowed for the SB-1 visa? If no, why not?
2. Would my I-134 be acceptable to overcome the self sponsor condition of her case if I were to change my financial situation (Return to the US alone and acquire work there) or would I be considered a joint sponsor as well?
Thank you,
R
My wife (Thai national) has already been to the First two interviews for her Visa case.
We have received a refusal from the embassy:
Your case has been reviewed today and the attached is your refusal. Instructions on I-134, affidavit of support is available at https://www.uscis.gov/i-134 .
We submitted an I-134 for her (no income since her hospitalization to recover before returning to US), myself her husband and our father in law because my income while in Thailand is nowhere near the poverty guidelines.
Our father in law should have met well over three times the poverty level for the size of household.
When I asked them why she was seen as a possible public charge as our father in Law should have exceeded the requirements I was told:
I-134 affidavits from joint sponsors are not legally binding in for this category of visa petition.
This seems ridiculous as the reason she has been away from the US for so long is because of a major surgery. How can she be expected to sponsor herself without a joint sponsor. This seems to be a catch 22 as she can not make the income required being in a third world country and she can not return to the US to make adequate income to meet US poverty guidelines.
Finally I asked them if my I-134 would be accepted to overcome the poverty guidelines but was told in response:
The Immigrant Visa Unit is unable to review your submitted documents through emails as we are not able to pre-approve cases without the actual form.
This does not answer my question. It has been two weeks of emails back and forth with the US Embassy in Thailand and I am still at a loos as how to resolve our issue with her case.
Please help with providing details about the requirements for this particular category of visa petition.
1. Is a joint sponsor for the I-134 allowed for the SB-1 visa? If no, why not?
2. Would my I-134 be acceptable to overcome the self sponsor condition of her case if I were to change my financial situation (Return to the US alone and acquire work there) or would I be considered a joint sponsor as well?
Thank you,
R
