Affidavit of Support

[newporchswing 0]

My fiancee and I have been unsure about this. Or, he's sure we don't file until after he arrives here, we're married and file for the permanent residency form, but I have a feeling we'll need it before he's allowed a Visa.

Any help would be appreciated!

[iceyspots 0]

You will file for AOS for your fiancé after he/she enters the country. You must marry and send off AOS within 90 day's of your fiancé's arrival. The affadavit of support that goes along with that is the I-864. For some consulates, they may require you to have an affadavit before the fiancé visa is granted, but you would want to check with your consulate first. Hope this helps.

[newporchswing 0]

You will file for AOS for your fiancé after he/she enters the country. You must marry and send off AOS within 90 day's of your fiancé's arrival. The affadavit of support that goes along with that is the I-864. For some consulates, they may require you to have an affadavit before the fiancé visa is granted, but you would want to check with your consulate first. Hope this helps.

Thank you!

[JenT 0]

There are two meanings for the abbreviation "AOS". Which one did you mean, exactly?

The first time you'll encounter it is as an "Affadavit of Support", which is a form that's submitted by the petitioner for (in your case) the K1 interview at the Embassy. Some embassies require an I-134, some require an I-864.... you have to contact your embassy to know for sure.

The second time is as part of the "Adjustment of Status" and involves the I-864 as Icey described....

Jen

[newporchswing 0]

There are two meanings for the abbreviation "AOS". Which one did you mean, exactly?

The first time you'll encounter it is as an "Affadavit of Support", which is a form that's submitted by the petitioner for (in your case) the K1 interview at the Embassy. Some embassies require an I-134, some require an I-864.... you have to contact your embassy to know for sure.

The second time is as part of the "Adjustment of Status" and involves the I-864 as Icey described....

Jen

Oh.

I meant Affidavit of Support, when I abbreviated. So, considering that information, I have to file it before he is allowed a visa?

Dammit.

[iceyspots 0]

OOps.. I'm guilty of mixing the AOS! lol

For the K-1 fiancé visa, some require it, some do not... You'll have to call the consulate and ask.. Most consulates require the I-134.

For Adjustment of status, you will file a different affadavit which is the I-864.

[newporchswing 0]

OOps.. I'm guilty of mixing the AOS! lol

For the K-1 fiancé visa, some require it, some do not... You'll have to call the consulate and ask.. Most consulates require the I-134.

For Adjustment of status, you will file a different affadavit which is the I-864.

I'm a bit confused as to the difference between the I-134 and the I-864.

Isn't the I-864 for if you're assigning a co-sponsor?

[JenT 0]

There are two meanings for the abbreviation "AOS". Which one did you mean, exactly?

The first time you'll encounter it is as an "Affadavit of Support", which is a form that's submitted by the petitioner for (in your case) the K1 interview at the Embassy. Some embassies require an I-134, some require an I-864.... you have to contact your embassy to know for sure.

The second time is as part of the "Adjustment of Status" and involves the I-864 as Icey described....

Jen

Oh.

I meant Affidavit of Support, when I abbreviated. So, considering that information, I have to file it before he is allowed a visa?

Dammit.

Yep... sorry. Once the Embassy receives the approved petition, they'll send your fiance a packet 3 which, among many other things, will require the I-134 or I-864. Every Embassy is different, so check out their web site for specifics. There have been a lot of posts about the AOS and the guides are very helpful... start researching. You can do some of it in advance, but the supporting documents need to be current and notarized, so don't do them too early... it may be a while before the petition is approved.

Jen

Isn't the I-864 for if you're assigning a co-sponsor?

The form required for the K1 depends on the Embassy....

Edited July 28, 2006 by JenT

[newporchswing 0]

All right well, in that case- is it possible, instead of a tax form or income on my part, for him to prove that he has the money in the bank? I only work part time as I am a starting college student and I don't make much money, but he does. And as the pound is worth almost twice the amount of the American dollar, it seems it would benefit us to go that route instead.

Opinions?

[JenT 0]

All right well, in that case- is it possible, instead of a tax form or income on my part, for him to prove that he has the money in the bank? I only work part time as I am a starting college student and I don't make much money, but he does. And as the pound is worth almost twice the amount of the American dollar, it seems it would benefit us to go that route instead.

Opinions?

http://www.visajourney.com/forums/index.ph...mp;page=support

[kitkat1 5]

All right well, in that case- is it possible, instead of a tax form or income on my part, for him to prove that he has the money in the bank? I only work part time as I am a starting college student and I don't make much money, but he does. And as the pound is worth almost twice the amount of the American dollar, it seems it would benefit us to go that route instead.

Opinions?

Check your consulate's website but here's what I found on a general search:

While an applicant for a fiancé(e) visa is not required to file an affidavit of support (I-134), it is nevertheless useful in proving the applicant is not likely to become a public charge. The Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

An applicant for a fiancé(e) visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

the applicant has, or will have, personal funds in the U.S. sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;

the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;

relatives or friends in the U.S. will assure the applicant's support; or

a combination of the above circumstances.

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;

proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);

letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;

statement from insurance company showing policies held and present case surrender value;

proof of income from business investments or other sources.

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

[Yodrak 7]

Jen,

I-864 is not to be used for the K visas. You'll find that stated in at least 2 places in the FAM - 40.41 Public Charge and 41.81 Fiance(e)s.

Yodrak

.... Some embassies require an I-134, some require an I-864....

Jen

[JenT 0]

Jen,

I-864 is not to be used for the K visas. You'll find that stated in at least 2 places in the FAM - 40.41 Public Charge and 41.81 Fiance(e)s.

Yodrak

.... Some embassies require an I-134, some require an I-864....

Jen

Not at all? Must have misinterpreted somewhere then. Thanks... I'll be more careful next time.

Jen

[Mew 0]

Jen,

I-864 is not to be used for the K visas. You'll find that stated in at least 2 places in the FAM - 40.41 Public Charge and 41.81 Fiance(e)s.

Yodrak

.... Some embassies require an I-134, some require an I-864....

Jen

Not at all? Must have misinterpreted somewhere then. Thanks... I'll be more careful next time.

Jen

I was under the same impression, Jen. I though I read somewhere on VJ that some countries ask for an I864 instead of an I134.

[JenT 0]

Jen,

I-864 is not to be used for the K visas. You'll find that stated in at least 2 places in the FAM - 40.41 Public Charge and 41.81 Fiance(e)s.

Yodrak

.... Some embassies require an I-134, some require an I-864....

Jen

Not at all? Must have misinterpreted somewhere then. Thanks... I'll be more careful next time.

Jen

I was under the same impression, Jen. I though I read somewhere on VJ that some countries ask for an I864 instead of an I134.

Me too... and I wasn't the originator of that mis-information, just unwittingly perpetuating it!

Learned something tonight!!