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RocarrM

What's the difference between Form I-864 and I-134?

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Hello there,

This is Rona (Beneficiary), my fiancé lives in NJ and we already sent our I-129F form to USCIS service center by USPS in December 19-2016, but didn't receive our NOA1 yet.

My question is about the difference between form I-864 and I-134, we applied for a K-1 Visa, so if my fiancé needs to send me affidavit of support for my interview day, does he have to send me the Form I-134 with the required documents or I-864 or both of these forms? I'm so confused???

2- What's a W2?

3- my fiancé used to work with DHL but he left the job In September 2016, does he still need to provide a employee letter from his ex boss?

4- Right Now, he is working as a Lyft and Uber driver (Self employee) , what he needs to provide for proofing his annual income and for his job?

I will appreciate your replies and help ... ☺️

Edited by RocarrM

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Hello there,

This is Rona (Beneficiary), my fiancé lives in NJ and we already sent our I-129F form to USCIS service center by USPS in December 19-2016, but didn't receive our NOA1 yet.

My question is about the difference between form I-864 and I-134, we applied for a K-1 Visa, so if my fiancé needs to send me affidavit of support for my interview day, does he have to send me the Form I-134 with the required documents or I-864 or both of these forms? I'm so confused???

2- What's a W2?

3- my fiancé used to work with DHL but he left the job In September 2016, does he still need to provide a employee letter from his ex boss?

4- Right Now, he is working as a Lyft and Uber driver (Self employee) , what he needs to provide for proofing his annual income and for his job?

I will appreciate your replies and help ... ☺️

Hello

The I-864 and I-134 are both Affidavits of Support. But they're used at different times during the K-1 visa process. You're probably thinking about the I-134 which is the one that's recommended for use at the K-1 visa interview. Since you just filed, I'm assuming that's the one you're asking about.

You'll use the I-864 when you're doing your Adjustment of Status (Permanent Residency in the US) after you two get married.

- A W2 is a record from your employer of how much they've paid you during the year. It's used for tax purposes. Your US fiance should get that from his employer (assuming he's not self-employed)

- You technically don't need a employer letter. But it is recommended in case you're at the borderline of the minimum income requirements. Anyway, his ex-boss cannot give one because your fiance simply does not work there anymore. He'll need one from his current company. This doesn't really matter until you're at the Interview stage.

- If working for Lyft or Uber, he'll get tax forms from them (I believe). Otherwise he may have to file the 1040 himself (if self employed).

I hope this helped. Anyone can chime in if I've written something inaccurate. Cheers


--Good Luck--

I learned the hard way...I hope you don't have to :rolleyes: . Immigration is very interesting

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hi

easy

l134 for K1, that's the one your fiance needs to send for now

i864 once your fiancé comes, marries and you file adjustment of status

you will need both, but in different stages

I would have a joint sponsor lined up just in case, he has a new job, even though he will have had more than 6 months by the time you have your interview

current income for 2017 will be important

Edited by aleful

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It is not how much he has in his account (unless it is 3 times %125 of poverty line, then he could declare it as assets instead of relying on income) but the fact that he has regular deposits/a steady income.

You can get a bank statement showing the deposits signed off by an officer of the bank to demonstrate income that way. It would have to include date account opened, total amount deposited for the past year and present balance.

Since you filed in December, and haven't received NOA1 yet, what I think he needs to focus on right now is filing his taxes as soon as possible in the coming tax season (sometime in January and February) and get tax transcripts to prove income. Once he files his taxes and gets his tax return, he can print off the tax transcripts online from IRS in three to four weeks.

I think for now you should just wait, until February or March at least. It is better to have any documents that you obtain to be dated close to the interview anyway.

FYI, employer letter, tax transcripts, most recent tax return, bank letter, pay stubs, W-2s etc are supporting evidence, two or three of which must be included with the I-134.

Good luck!


 

K-1 and AOS timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                            04/20/2017 - Mailed AOS package

07/19/2016 - NOA1 (California Service Center)                 04/23/2017 - AOS package delivered

09/02/2016 - NOA2 (45 days)                                         04/29/2017 - AOS text and email notifications

09/15/2016 - NVC case number assigned                         05/04/2017 - NOA1 received for AOS, EAD, AP

09/29/2016 - Case is "Ready" at embassy                        05/22/2017 - Biometrics taken

10/06/2016 - Got an interview date!                                06/14/2017 - Case is Ready to Be Scheduled for Interview

11/06/2016 - Scheduled the medical!                               08/03/2017 - Interview is Scheduled

12/06/2016 - Medical done!                                            09/06/2017 - Interview time!

12/12/2016 - Interview done! Visa approved!                   09/06/2017 - RFE for (lost) medical

12/16/2016 - Visa issued                                                09/19/2017 - New medical submitted (in person)

12/19/2016 - Passport with visa, envelope in hand             09/26/2017 - New Card is Being Produced (online update)

01/11/2017 - POE!!!                                                       09/29/2017 - Received I-797 Approval Notice - Card Was Mailed to Me

04/06/2017 - Married                                                     10/04/2017 - Green card in hand!

 

 

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It is not how much he has in his account (unless it is 3 times %125 of poverty line, then he could declare it as assets instead of relying on income) but the fact that he has regular deposits/a steady income.

You can get a bank statement showing the deposits signed off by an officer of the bank to demonstrate income that way. It would have to include date account opened, total amount deposited for the past year and present balance.

Since you filed in December, and haven't received NOA1 yet, what I think he needs to focus on right now is filing his taxes as soon as possible in the coming tax season (sometime in January and February) and get tax transcripts to prove income. Once he files his taxes and gets his tax return, he can print off the tax transcripts online from IRS in three to four weeks.

I think for now you should just wait, until February or March at least. It is better to have any documents that you obtain to be dated close to the interview anyway.

FYI, employer letter, tax transcripts, most recent tax return, bank letter, pay stubs, W-2s etc are supporting evidence, two or three of which must be included with the I-134.

Good luck!

Thanks for the detailed info , I heard that the 2017 Income for K-1 is going to change from 125% poverty to 100%.

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I have read here that for the I-134 you may only need 100% of the poverty line, however for AOS later you need 125% for sure. See the I-864p pdf here: https://www.uscis.gov/i-864p

Since you will have to file for AOS eventually, it is better for you to be prepared.


 

K-1 and AOS timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                            04/20/2017 - Mailed AOS package

07/19/2016 - NOA1 (California Service Center)                 04/23/2017 - AOS package delivered

09/02/2016 - NOA2 (45 days)                                         04/29/2017 - AOS text and email notifications

09/15/2016 - NVC case number assigned                         05/04/2017 - NOA1 received for AOS, EAD, AP

09/29/2016 - Case is "Ready" at embassy                        05/22/2017 - Biometrics taken

10/06/2016 - Got an interview date!                                06/14/2017 - Case is Ready to Be Scheduled for Interview

11/06/2016 - Scheduled the medical!                               08/03/2017 - Interview is Scheduled

12/06/2016 - Medical done!                                            09/06/2017 - Interview time!

12/12/2016 - Interview done! Visa approved!                   09/06/2017 - RFE for (lost) medical

12/16/2016 - Visa issued                                                09/19/2017 - New medical submitted (in person)

12/19/2016 - Passport with visa, envelope in hand             09/26/2017 - New Card is Being Produced (online update)

01/11/2017 - POE!!!                                                       09/29/2017 - Received I-797 Approval Notice - Card Was Mailed to Me

04/06/2017 - Married                                                     10/04/2017 - Green card in hand!

 

 

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