1-864 Affidavit of support & co sponsor

[Steve and Amara 0]

Ughh, im starting to chase my own tail. Feeling slightly stressed.

So its established that it is in our best interests for my US fiance to get CO-SPONSOR for the affidavit of support, in which case it will be his parents.

I have read that he will now need to fill the 1-864 AFFIDAVIT OF SUPPORT FORM, NOT the 1-134.

Is this correct, as we are filing for a k1 visa?

[luv2teach77 41]

Unless things have changed since I filed for my K-1, your Fiance will still fill out the I-134, not the I-864. In addition, his parents will also need to complete an I-134 and provide all supporting documents as per the instructions.

The I-864 is filed when adjusting status from that of a K-1 holder to a permanent resident. This stage doesn't happen until the K-1 has been issued and you are married.

Thanks

Mark

[FaithfulandTrue 6]

Ughh, im starting to chase my own tail. Feeling slightly stressed.

So its established that it is in our best interests for my US fiance to get CO-SPONSOR for the affidavit of support, in which case it will be his parents.

I have read that he will now need to fill the 1-864 AFFIDAVIT OF SUPPORT FORM, NOT the 1-134.

Is this correct, as we are filing for a k1 visa?

I agree.. it is the I 134 that you need to have filled out, not the I 864.. the I 864 is used for the adjustment of status... oneder

[YuAndDan 153]

I-134 is for NON-Immigrant visas. K-Visas are NON-Immigrant, so the consulate uses I-134 for them.

I-864 is for GREEN-CARDS, this is used by the consulate only for IMMIGRANT visas like CR-1 and IR-1 spousal visas. I-864 is later used by K-Visa holders in the USA when they file I-485 to adjust status and apply for a GREEN-CARD.

Other Immigrant Categories - When an I-134 May be Needed

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Your co-sponsor will also fill out an I-134.

Edited March 25, 2008 by YuAndDan

[Steve and Amara 0]

I-134 is for NON-Immigrant visas. K-Visas are NON-Immigrant, so the consulate uses I-134 for them.

I-864 is for GREEN-CARDS, this is used by the consulate only for IMMIGRANT visas like CR-1 and IR-1 spousal visas. I-864 is later used by K-Visa holders in the USA when they file I-485 to adjust status and apply for a GREEN-CARD.

Other Immigrant Categories - When an I-134 May be Needed

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Opps, so that means i printed out the 19 pages of the 1-864 for nothing....

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Your co-sponsor will also fill out an I-134.

[YuAndDan 153]

Opps, so that means i printed out the 19 pages of the 1-864 for nothing....

Save them for later you will eventually need them. The directions will give you a good idea of financial evidence that is acceptable by the consulate and later by USCIS.

[Sam he Amy 0]

I just want to make sure that this topic is still correct.

I am petitioning for my fiance (K-1 visa) and filled out the I-134 affidavit of support. I am also having my mom fill out the I-134 affidavit of support as a co-sponsor. Both my mom and I will be submitting the bank statement, IRS transcripts, employment verification letters, etc. I just want to clarify that my mom should not fill out the I-864. Arguing with my mom:( I thought I saw something on the USCIS website stating this, but now I can't find it.

Please confirm. Thanks and good luck to all!! I will post the interview results in the 'reviews section'.

[Anh map 2,098]

I just want to make sure that this topic is still correct.

I am petitioning for my fiance (K-1 visa) and filled out the I-134 affidavit of support. I am also having my mom fill out the I-134 affidavit of support as a co-sponsor. Both my mom and I will be submitting the bank statement, IRS transcripts, employment verification letters, etc. I just want to clarify that my mom should not fill out the I-864. Arguing with my mom:( I thought I saw something on the USCIS website stating this, but now I can't find it.

Please confirm. Thanks and good luck to all!! I will post the interview results in the 'reviews section'.

Yes it is correct. I-134 for the K visa process.

Did you explore all of the immigration options? If you are both living there in China, get married, and apply for a CR1 spouse visa directly with the embassy/consulate your then spouse would (after approval) arrive in the US with LPR status rather than the K1 visa which requires the Adjustment of Status and other filings to be able to work, etc.

Best of luck.