Will we be able to use the I-864 form for the K-1 Visa?

[schmoopy1 0]

I'm not sure of the approval of the I-134F for the K-1 Visa. Can we use the I-864F instead of or with the I-134F?

[pushbrk 14,556]

I'm not sure of the approval of the I-134F for the K-1 Visa. Can we use the I-864F instead of or with the I-134F?

Consulates are forbidden by law to accept the I-864 for a K visa. Use the I-134. You will use the I-864 when adjusting status after marriage.

[baron555 934]

I'm not sure of the approval of the I-134F for the K-1 Visa. Can we use the I-864F instead of or with the I-134F?

Why do you say that? What's the difference between the two, besides the way they look?

Why do you want to send in a document they say not to send in? Do you want to purposefully delay your petition by incurring a RFE for sending in the wrong form?

[schmoopy1 0]

Why do you say that? What's the difference between the two, besides the way they look?

Why do you want to send in a document they say not to send in? Do you want to purposefully delay your petition by incurring a RFE for sending in the wrong form?

I asked because on the I-864 form..you can use your Fiance's assets and income, but on the I-134F..you can't use your fiance's assets or income. Have you looked at the differences in the forms? There is a difference.That is why I was asking. If the I-134 is not approved. Then the whole K-1 Visa will likely be disapproved. We will probably try the K-3 Visa at that point.

P.S-You don't have to be rude. I was just asking a question. Why would I purposefully delay it..Duh?

[Rebecca Jo 1,962]

I asked because on the I-864 form..you can use your Fiance's assets and income, but on the I-134F..you can't use your fiance's assets or income. Have you looked at the differences in the forms? There is a difference.That is why I was asking. If the I-134 is not approved. Then the whole K-1 Visa will likely be disapproved. We will probably try the K-3 Visa at that point.

P.S-You don't have to be rude. I was just asking a question. Why would I purposefully delay it..Duh?

Read the I864 again. More carefully this time.

You can include income of the alien spouse if it is from legal employment. Will your fiance still have his present job when he moves here? Or will he (like most people) be needing a job in the US?

[katie & sifa 25]

I asked because on the I-864 form..you can use your Fiance's assets and income, but on the I-134F..you can't use your fiance's assets or income. Have you looked at the differences in the forms? There is a difference.That is why I was asking. If the I-134 is not approved. Then the whole K-1 Visa will likely be disapproved. We will probably try the K-3 Visa at that point.

P.S-You don't have to be rude. I was just asking a question. Why would I purposefully delay it..Duh?

The beneficiary's income and assets cannot be used for a K-1 visa (unless that person's income will continue after they arrive in the US, which would be unlikely). The petitioner must either meet the financial requirements on their own to sponsor the beneficiary or you need a co-sponsor. Either way you would use the I-134.

Edited March 11, 2010 by katie & sifa

[Bernie C 24]

I'm not sure of the approval of the I-134F for the K-1 Visa. Can we use the I-864F instead of or with the I-134F?

The I-134 was specifically required when we completed packet 4. Do as specified or you will get an RFE - 221g from the consulate to provide the correct documentation.

Just recently another poster used the I-864 in error and got RFE'd. Not worth the risk. Send what your instructions say to send.

[pushbrk 14,556]

Read the I864 again. More carefully this time.

You can include income of the alien spouse if it is from legal employment. Will your fiance still have his present job when he moves here? Or will he (like most people) be needing a job in the US?

A fiancee isn't a spouse. The I-864 instructions regarding including spouse income do not apply in any way to a K1 visa applicant or petitioner.

The OP needs to use the I-134. If he doesn't qualify, he needs to get a job, or a cosponsor.

Edited March 11, 2010 by pushbrk

[Rebecca Jo 1,962]

A fiancee isn't a spouse. The I-864 instructions regarding including spouse income do not apply in any way to a K1 visa applicant or petitioner.

The OP needs to use the I-134. If he doesn't qualify, he needs to get a job, or a cosponsor.

Did I ask for your help?

I asked the OP to read the document.

[pushbrk 14,556]

Did I ask for your help?

I asked the OP to read the document.

It's an open discussion. I'm helping the readers.

[Rebecca Jo 1,962]

It's an open discussion. I'm helping the readers.

It was my hope that the OP might re-read the instructions and realize she is not thinking through the basic concept of "income" as it relates to support of the alien.

I did not intend to over-react.

[pushbrk 14,556]

It was my hope that the OP might re-read the instructions and realize she is not thinking through the basic concept of "income" as it relates to support of the alien.

I did not intend to over-react.

And I made it clear that this alien isn't a spouse yet. Two separate points made in an open discussion.

[belinda63 3,057]

The answer to the poster's question is NO, you must use the I-134. And unless your fiance can prove they will continue the same employment after moving to the US on the K-1 visa you cannot use the fiance's assets. What you can do is have the fiance transfer money to your bank account to help if your income is low. But it would be at the rate of 3x (or is it 5x) what the difference between your income and the poverty guideline is.

USCIS is very specific in the forms they require and having all the i's dotted and t's crossed. If you submit the wrong form, fail to submit a form, use an outdated form, forget to answer a question, etc, you will receive an RFE (request for evidence) which will slow the process down.

[elmcitymaven 9,712]

Not to muddy the waters, but certain consulates do allow self-sponsorship by the K1 beneficiary based on assets on a case-by-case basis. London is one of them. It may be worth enquiring with Dublin whether they too will accept self-sponsorship. It's an outside chance, and I haven't heard of it before in Dublin, but it does not hurt to ask.

[~Johnny~ 27]

Excerpt from DoS website:

http://travel.state.gov/visa/immigrants/ty...2994.html#Forms

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.