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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

tropical
I've read posts on this subject but am still a bit confused....When I filed the I-130 I sent an I-864, we also filed an I-129 they are both on the waiting list at 17xxx(I-130) & 18xxx(I-129)....We are trying to prepare all of the papwrk for the interview & am confused as to which one we'll be required to fill out to take to the consulate....Does the I-864 belong to the I-130 & the I-134 to the I-129???

Also I used a sponsor when submitting the I-130 because I wasn't working at the time. If I need a sponsor again when the interview rolls around do I have to use the same sponsor that was on the original application or can I use someone else????????

Thanks
pushbrk
QUOTE(tropical @ Jul 23 2007, 09:00 AM) *
I've read posts on this subject but am still a bit confused....When I filed the I-130 I sent an I-864, we also filed an I-129 they are both on the waiting list at 17xxx(I-130) & 18xxx(I-129)....We are trying to prepare all of the papwrk for the interview & am confused as to which one we'll be required to fill out to take to the consulate....Does the I-864 belong to the I-130 & the I-134 to the I-129???

Also I used a sponsor when submitting the I-130 because I wasn't working at the time. If I need a sponsor again when the interview rolls around do I have to use the same sponsor that was on the original application or can I use someone else????????

Thanks


Yes, the I-864 will be requested by NVC for any CR1 visa. The I-134 is used for K visas and other non-immigrant visas. You are not required to keep the same sponsor but I'm curious about where you are in the process. There are no new entries in you timeline since early last year.
YuAndDan
I-134, K-Visas are Non-Immigrant visas, and use I-134.

I-864 is used for situations that result in a green-card being issued, IR-1/CR-1 immigrant visas use I-864, as well as Adjusting status in the USA from the K-Visas. (I-485).

QUOTE
9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.
http://foia.state.gov/searchRegs/vv_docVie...eryText=I%2D864

If you are interviewing for a K-Visa you will use I-134.
If you are interviewing for a IR/CR Visa you will use I-864.

You don't file the affidavit of sopport with the initial petitions, NVC will request it when they get the I-130 case, and the consulate will need it for the visa interview. USCIS will probably discard it because it is not one of the items requested in the I-130 and I-129F instructions.
tropical
{You don't file the affidavit of sopport with the initial petitions, NVC will request it when they get the I-130 case, and the consulate will need it for the visa interview. USCIS will probably discard it because it is not one of the items requested in the I-130 and I-129F instructions.
[/quote]

I'm not sure on how to do the timeline so I never filled it out, I will try to do it.....

the NVC requested it in 1-2006 & we sent it in on 8-2006 because I had to wait for all of the paperwork from the sponsor(I wasn't working & was temporarily residing in the Dominican Republic)...I am going back to the states in August to resume living there & get a job etc. so maybe I won't need a sponsor when the interview comes thru. However I don't have income taxes for 2004, 2005 or 2006 since I had no income because of residing in the DR(I lived off savings & my husbands income in the DR). Our I-130 was sent to the Dominican Consulate on 10-06 & the I-129F was sent to the Dominican Consulate on 11-06...As of those dates we are on the waiting list...we started at about 26xxx and are now in the 17xxx & 18xxx.....Do we have to go down to 'O', I've heard of people that are on 10xxx or 4xxxs & get their appointments.........
Mayimbe007
QUOTE(tropical @ Jul 23 2007, 01:59 PM) *
I'm not sure on how to do the timeline so I never filled it out, I will try to do it.....

the NVC requested it in 1-2006 & we sent it in on 8-2006 because I had to wait for all of the paperwork from the sponsor(I wasn't working & was temporarily residing in the Dominican Republic)...I am going back to the states in August to resume living there & get a job etc. so maybe I won't need a sponsor when the interview comes thru. However I don't have income taxes for 2004, 2005 or 2006 since I had no income because of residing in the DR(I lived off savings & my husbands income in the DR). Our I-130 was sent to the Dominican Consulate on 10-06 & the I-129F was sent to the Dominican Consulate on 11-06...As of those dates we are on the waiting list...we started at about 26xxx and are now in the 17xxx & 18xxx.....Do we have to go down to 'O', I've heard of people that are on 10xxx or 4xxxs & get their appointments.........


In answer to your question since the I-129F got to the consulate first this case will get the appointment first. On the day of your interview they will ask you how would you like the case to be processed. At which point obviously you are going to go with the I-130 Case. As far as when you will get the actual appointment the actual wait time on the list has been 18-24 months but that will be going up because of staffing issues at the consulate. You will get your interview when your case gets low enough on the list usually below 1,000. Those cases you've heard of are cases that have either been expedited due to humanitarian reasons or cases that are linked to other cases getting an interview.
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