Since K-1 visas are handld by the immigrant visa unit of the consulate sometimes they send out instructions incorrectly with regards to the requirements of affidavit of support, I-864 is used for immigrant spouse visas (CR-1/IR-1) and green cards, I-134 is used for non-immogrant visas like K-1, and K-3, later the I-864 is used when adjusting status in the states for a green card.
I would have an I-134 filled out and ready also. The K-1 visa is a Non-immigrant visa and according to the Foreign Affairs Manual which the Embassy Consular office is instructed to use, they are not authorized to use the I-864 for fiance(e) visas.
I-864 is used for immigrant visas, because they directly result in a green card being issued.
A K-1 visa holder will file an I-864 after marriage, and when adjusting status.
QUOTE
9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A
(CT:VISA-823; 07-14-2006)
a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)© and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));
(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty
perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));
(3) Returning resident aliens;
(4) Diversity visa applicants; and
(5) Fiancé(e)s.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35
and:
QUOTE
9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant
(CT:VISA-823; 07-14-2006)
Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for non-immigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR). 9 FAM 40.41 Notes Page 34 of 35
http://foia.state.gov/masterdocs/09fam/0940041N.pdf
