I emailed my case worker as suggested about my questions. So I asked about the fact that every website says the K-3 visa requires the I-134 but someone else was told to submit the I-864. I've asked my husband to send me both so that I can be covered either way and then today I got this response.


Dear Ms. Vernon:

K3 applicants are not subject to the I-864 (Affidavit of Support) requirements at the time of K3 application, but will be required to submit when the applicant adjusts status to a Legal Permanent Resident in the United States. Similarly, the I-134 Affidavit of Support is also not required.

Sincerely,

Immigrant Visa Section


Can you explain this to me at all? Because now I'm SERIOUSLY confused as to what I'm supposed to submit.

[quote name='Vernon Family' date='Jul 17 2008, 06:19 AM' post='2023184']
I emailed my case worker as suggested about my questions. So I asked about the fact that every website says the K-3 visa requires the I-134 but someone else was told to submit the I-864. I've asked my husband to send me both so that I can be covered either way and then today I got this response.


Dear Ms. Vernon:

K3 applicants are not subject to the I-864 (Affidavit of Support) requirements at the time of K3 application, but will be required to submit when the applicant adjusts status to a Legal Permanent Resident in the United States. Similarly, the I-134 Affidavit of Support is also not required.

Sincerely,

Immigrant Visa Section


Can you explain this to me at all? Because now I'm SERIOUSLY confused as to what I'm supposed to submit.



When I filed a K-3 petition for my husband, I submitted the I-134 (Affidavit of Support) at the interview in Jamaica. The I-864 (Affidavit of Support) will not be used until you file for a green card. After receiving a K-3 visa, you have two years to adjust the status.

It's pretty simple:

I-134 - needed at time of interview for K3 visa.

I-864 - needed for Adjustment of Status (AOS) after beneficiary enters the US.

Diana

yeah I agree with them we used I-134 during my interview so there don't be confused.... goodluck

I wrote an email to our embassy and they asked only for the I-134 for our k3 visa application. I have been hearing the I-184 is only after our spouses get to the US.

It means what it says. I-864 is required to adjust status and I-134 is optional for the K3 visa. This is Consulate specific but what their answer doesn't address is that the CO will still need to be satisfied the applicant won't become a public charge. The easiest way for most people to demonstrate that is with an I-134 and supporting documentation, so it is common practice to do so.

Yes, I think you are right that it is country specific.
Like Vernon Family, I had asked our Embassy (Belgium) beforehand if they require I-134 or I-864, and they also said that for K-3, I-134 is not required, and I-864 is neither required because that is for adjustment of status.
On the list in the K-3 packet we recently received, the I-134 was crossed out. (The list was actually for K-1 visa applications, and it was adapted by hand to K-3; it seems this Embassy doesn't get many K-3 visa applications so they do not have lists specifically for this type.)
However, the packet 4 mentions "appointment letter for immigrant visa interview". In this letter, it is said they require I-864. I'm thinking they made a mistake when sending me an immigrant visa letter.
At this time I'm glad we got both the I-134 and the I-864 filled in, that way, no matter what is required at time of interview, no problem.

Yes, the written instructions conflict is a forms issue. China's K3 packets refer to the immigrant visa fee when, the non-immigrant visa fee is actually paid. They actually cannot by direct edict accept an I-864 in non-immigrant cases because it binds the sponsor, where an I-134 doesn't. You may be asked for no financial information at all but if asked, the I-134 is the one they'll want.

Well after a couple of very confusions emails my case worker from the embassy actually called me to talk me through the process. According to him I need no proof of support what so ever. Seeing as I now have both forms in the mail from my husband and the case workers email stating I need none...I believe I am covered. Thanks to everyone for their help!

For your case I would think they will only need the I-134 only and not the I-864 that will be used once you apply for AOS. You might want to call NVC to check if that is necessary. Good luck.

Hi there,

I had my K3 interview in May - I was not required to submit an affidavit of support. We had completed it (I864) with all other documentation. However, the consular officer advised that it is not required at the interview, only when I adjust status in the US.

The I-864 cannot be used at the Consulate for a K3 visa and no, the I-134 is not a required document. What is required is to do whatever the CO requires to show the applicant won't become a public charge. The best practice is to have an I-134 and supporting documentation available to present upon request. In many cases, there is never any such request but you don't want to be without it when it IS requested.