I-134 does the sponsor have to be a US citizen or can they be a Legal Resident?

[acydjazz 0]

Hi,

First time posting, just wanted to know if the sponsor for the I-134 affitdavit of support for a K1 visa has to be a US citizen or can they be a green card holder? Also does anyone know the difference as to whether or not to file an I-864 as oppossed to an I-134 with the I-129?

Thanks

[rebeccajo 14]

Hi,

First time posting, just wanted to know if the sponsor for the I-134 affitdavit of support for a K1 visa has to be a US citizen or can they be a green card holder? Also does anyone know the difference as to whether or not to file an I-864 as oppossed to an I-134 with the I-129?

Thanks

What do the instructions for the form say?

[reeses16 8]

Not sure about the USC/green card holder part. If you are applying for a K1 and do not have a visa use the I-134. If you are already in the US, married and applying for a green card use the I-864.

[Kathryn41 3,207]

The I-129f petition for a K-1 visa is only available for a US citizen, not a green card holder. They are the primary sponsor for the affidavit of Support. I believe, though, that the co-sponsor can be a permanent resident. Check the instructions, as Rebeccajo suggested.

http://www.uscis.gov/files/form/I-129Finstr.pdf

http://www.uscis.gov/files/form/I-134.pdf

Edited June 29, 2008 by Kathryn41

[Kathryn41 3,207]

Different consulates have different requirements, Some want the I-134, some want the I-864. You will need the I-864 for the AOS regardless. Follow the directions you receive from the Consulate regarding the preferred Affidavit of Support. Also, the Affidavit of Support isn't filed with the I-129f - that is brought with the foreign fiancee to the Consulate for the interview as part of the 2nd phase of the process - the actual K-1 application.

Edited June 29, 2008 by Kathryn41