I - 864 Instead of I-134

[internetdeb 0]

My lawyer suggested we send the I-864 instead of the requested I134 affidavit of support as it is more stringent and will be required when we apply for the AOS. I am wondering if anyone else did this?

[claudia2212 0]

My lawyer suggested we send the I-864 instead of the requested I134 affidavit of support as it is more stringent and will be required when we apply for the AOS. I am wondering if anyone else did this?

My lawyer did the same thing to me and I was advise to do the I134 instead of the I864..... I guess our lawyers are ripping us off!!

[internetdeb 0]

Did you send the I-134? or the I-864? If you sent the 864 what happened as we've already sent in documents and we sent the 864.

[payxibka 10,044]

My lawyer suggested we send the I-864 instead of the requested I134 affidavit of support as it is more stringent and will be required when we apply for the AOS. I am wondering if anyone else did this?

The consulate uses the I-134..... that is what they want and what they are required by rule to use (I-134 for non-immigrant visas and I-864 for an immigrant visa or the green card)... even if you sent the I-864 then another one is needed for AOS... send the consulate what they want and use

[Darnell 8,478]

is this an attorney in the USA ? I-129F petition, right? Culminating in a K-1 visa ?

I'd seriously question his background and review his prior case approval counts, by country.

OTOH, perhaps it wasn't 'the lawyer' that asked for it, but rather a misinformed, green, clerk or para-legal working in said attorney's office ?

[claudia2212 0]

Did you send the I-134? or the I-864? If you sent the 864 what happened as we've already sent in documents and we sent the 864.

no, we need to sent or show the I-134 that is what they ask for in a K1 visa, therefore, it would be better if you talk to your lawyer... you will need the I-864 but that is when you get married in the US. If you already sent them they might sent them back or tell you to send the correct one... I am not sure what they would do but I would advise to talk to your lawyer... that's why you are paying him!!!

[Darnell 8,478]

Did you send the I-134? or the I-864? If you sent the 864 what happened as we've already sent in documents and we sent the 864.

You 'sent it in to' who/m?

USC fiance/e should prep an I-134, get it to the foreign fiance/e, prior to interview day. Seriously.

[TracyTN 237]

Sounds to me like some lawyer doesn't know what the heck he's talking about

Moving thread from K1 process forum to consular forum.

[DTunda 0]

We're in the process of filing for a K1 visa for me.

Our lawyer in the US used the I-864 Affidavit of Support and the embassy here in Oslo said he used the wrong form. He should have used the I-134.

They've requested that the I-134 be submitted because they claim they can't (or won't) use the I-864.

However, at the interview I discovered that we need a co sponsor (something my lawyer should have informed us off, but didn't!!!). The CO said that our co sponsor should fill out the I-864, provide their tax returns for 2009 and provide a copy of their passport.

Many of these lawyers don't seem to be trustworthy. They only want your money, but are unwilling to provide the proper service so watch out.

One mistake I made is that I trusted everything he said and left him up to his own devices too often. It's good that you're making enquiries on VJ and getting a second (albeit unprofessional) opinion. Wish I had done the same BEFORE my interview which was on the 9th. Good luck!

[pushbrk 12,110]

We're in the process of filing for a K1 visa for me.

Our lawyer in the US used the I-864 Affidavit of Support and the embassy here in Oslo said he used the wrong form. He should have used the I-134.

They've requested that the I-134 be submitted because they claim they can't (or won't) use the I-864.

However, at the interview I discovered that we need a co sponsor (something my lawyer should have informed us off, but didn't!!!). The CO said that our co sponsor should fill out the I-864, provide their tax returns for 2009 and provide a copy of their passport.

Many of these lawyers don't seem to be trustworthy. They only want your money, but are unwilling to provide the proper service so watch out.

One mistake I made is that I trusted everything he said and left him up to his own devices too often. It's good that you're making enquiries on VJ and getting a second (albeit unprofessional) opinion. Wish I had done the same BEFORE my interview which was on the 9th. Good luck!

It is illegal for a Consulate to accept an I-864 in a K visa or any non-immigrant visa case.

[JimVaPhuong 4,863]

It is illegal for a Consulate to accept an I-864 in a K visa or any non-immigrant visa case.

Can you point this out to me? INA section 212(a)(4) mentions both "consular officer" and "Attorney General", and does not differentiate between the two when describing what may or may not be considered in making the public charge determination. I suspect this is a matter of departmental policy, and not public law.

[pushbrk 12,110]

Can you point this out to me? INA section 212(a)(4) mentions both "consular officer" and "Attorney General", and does not differentiate between the two when describing what may or may not be considered in making the public charge determination. I suspect this is a matter of departmental policy, and not public law.

I can't give you a direct reference but my assertion repeats one made by a Consular officer. The basis has to do with the fact that the I-864 binds the sponsor inappropriately for an intending immigrant who would not yet have been granted permanent resident status. The I-134, of course, is not binding on the sponsor.