Is there a difference between I-134 & I-864??

[severinep 0]

They both are affidavits of support.

But do you have to file both? Just one??

Thanks.

[Yodrak 7]

severinep,

I-134 may be used with K and other non-immigrant visas.

I-864 is used with immigrant visas and adjustment of status.

Yodrak

They both are affidavits of support.

But do you have to file both? Just one??

Thanks.

[simple_male 1]

They both are affidavits of support.

But do you have to file both? Just one??

Thanks.

You have to fill out just one, not both depends on the visa types. For nonimmigrant visas, K types, it is usually I-134 and for Immigrant visas and adjustment of status it is I-864.

[severinep 0]

Thanks for the info!

[severinep 0]

I was reading and I don't understand.

If you file a K3, you have to file the I-130 petition right? Then here is what i found in the Faq's section:

Do I file the I-134 Affidavit of Support, or the I-864 Affidavit of support for the I-130 petition??

You need to file the I-864 Affidavit Of Support.

So who is right??

[aussiewench 9]

I was reading and I don't understand.

If you file a K3, you have to file the I-130 petition right? Then here is what i found in the Faq's section:

Do I file the I-134 Affidavit of Support, or the I-864 Affidavit of support for the I-130 petition??

You need to file the I-864 Affidavit Of Support.

So who is right??

The I-130 leads to a CR-1 immigrant visa. In order to file the I-129F which leads to the K-3 visa one must also have filed an I-130. This is done because one needs an approved I-130 in order to obtain immigrant status once one enters on a K-3 and applies to adjust status.

I=864 = CR-1 and Adjustment Of Status from K-3 or K-1

I-134 = K-3 or K-1

Edited August 2, 2006 by aussiewench

[Jersey Girl 2]

severinep, you'll need both, at different times. Here's a stripped down order of events.

1. File I-130

2. File I-129f

3. Approved I-129f

4. Submit I-134

5. Enter on K3 visa

6. Adjust Status process

7. Submit I-864

[Yodrak 7]

severinep,

Failure to properly distinguish between a petition and a visa or visa application is a never ending source of confusion. The petition does not determine which affidavit of support may ultimately be required, it's not the petition that requires the affidavit.

The question was a poor one, the answer would be better if it the misunderstanding and then went on to give a proper answer as to the circumstances that require each of the affidavits.

Yodrak

... here is what i found in the Faq's section:

Do I file the I-134 Affidavit of Support, or the I-864 Affidavit of support for the I-130 petition??

You need to file the I-864 Affidavit Of Support.

....

[hafiz 1]

now the question i have is there a thread that explains why they use one form, and not the other. Like what are differences between the 2.

[aussiewench 9]

now the question i have is there a thread that explains why they use one form, and not the other. Like what are differences between the 2.

There are differences in requirements for the I-864 then for the I-134. The I-134 is also not legally binding where as the I-864 is.

[Yodrak 7]

hafiz,

As aussiewench explained, the I-134 is not binding on the sponsor. This created problems when sponsors failed to live up to their moral obligation and immigrants turned to the public dole. So amendments to the INA were passed in the mid to late 1990s creating specific requirements and a binding obligation on the part of the sponsor of an immigrant and the I-864 was born.

Non-immigrants continue to use I-134 when an affidafit of support is deemed to be necessary (it's at the discretion of the consular officer processing the visa application).

Yodrak

now the question i have is there a thread that explains why they use one form, and not the other. Like what are differences between the 2.

Edited August 2, 2006 by Yodrak