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Nibake

so confused

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Country: Brazil
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I was totally convinced that I needed an I-134. Every source I checked said that that was the form I needed for a K1 visa application. So I have arranged to have a sponsor fill one out. But---

I download a form that someone uploaded from my consulate (Lima, Peru)in 2008, and it says that immigrant visa petitions need an I-864. What is the deal???

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Filed: Citizen (pnd) Country: Thailand
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I was totally convinced that I needed an I-134. Every source I checked said that that was the form I needed for a K1 visa application. So I have arranged to have a sponsor fill one out. But---

I download a form that someone uploaded from my consulate (Lima, Peru)in 2008, and it says that immigrant visa petitions need an I-864. What is the deal???

K-1 is a non-immigrant visa but is treated as an immigrant visa at times by the Embassies/COnsulates. The wording by the Embassy is TECHNICALLY correct and admiditedly confusing.

K-1's use an I-134 Affidavit of Support. You should also.


Naturalization N-400

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Definitely I-134. Even for co-sponsors in K1 process.


K-1 VISA JOURNEY 2010:

March 24th: I-129F filed

March 26th: NOA1 date

May 24th: NOA2 date

May 25th- Jun 3rd: Case @ NVC

Jun 7th: Embassy received

Jun 15th: Embassy sent pkt 3

Jun 17th: Pkt 3 received :)

Jun 22nd: Medical @ 7 a.m. (Kosevo)/ Jun 23rd: Passed

Jun 29th: Interview @ 13:30: Approved/ Jun 30th: Visa in hand

AOS JOURNEY 2010/2011:

October 25th: AOS, EAD and AP filed

November 1st: AOS, EAD and AP NOA1 date

November 18th: AOS and EAD biometrics appointment

January 6th: AOS case transferred to CSC

January 15th: AP document received (YAY! One step closer to GC!)

January 18th: EAD card received :)))))

February 17th: GC card production ordered

February 24th: GC arrived in mail :) What a relief..

event.png

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Country: Brazil
Timeline

So technically the K1 Visa is a non-immigrant visa and the packet that I am looking at (which I assume is similiar to the one I will be sent) specifies the I-864 with immigrant visa's in mind? Is that right? Since I'm having someone from the US help me with this I'm really nervous about getting to the last minute and having a big setback because of this confusion. Thanks again for the advice.

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If your consular say you need a I-864, then provide them with the I-864. The consular has the final word on what documents they will consider and use.

Poster, please be careful in giving advise, the CONSULARS have the final word.

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Filed: K-1 Visa Country: Vietnam
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If your consular say you need a I-864, then provide them with the I-864. The consular has the final word on what documents they will consider and use.

Poster, please be careful in giving advise, the CONSULARS have the final word.

If the instruction pack the OP looked at was for immigrant visas and not specifically for K visas then that would explain the discrepancy.

Nibake, Life's Journey is correct. You need to follow the consulate's instructions, but you need to ensure that you have the LATEST instructions from the consulate for K1 visa applications. If the instructions you have are for immigrant visas in general, and dated from 2008, then they are likely not the correct instructions, and also possibly outdated. I've seen a few members lately who have been asked for an I-864 for a K1 (usually for a co-sponsor) but the overwhelming majority are asked to submit an I-134.

K visas are unusual. Technically, they are non-immigrant visas. The applicant doesn't become an immigrant until they arrive in the US and apply for a green card. However, a K visa holder who meets the requirements of the visa after arriving in the US is eligible to apply for a green card. This makes a K visa different from most other non-immigrant visas in that the visa holder is presumed to have immigrant intent, whereas most other non-immigrant visas specifically require that the visa holder does NOT have immigrant intent. For this reason, consulates often treat K visas as a sort of hybrid between a non-immigrant and an immigrant visa. They may be required to submit some documents that are generally only submitted for non-immigrant visa applications, and other documents that are generally only submitted for immigrant visa applications. They may even be required to submit some documents that are exclusive to K visa applications. The bottom line is that you have to follow the instructions from the consulate because those instructions vary considerably from one consulate to another.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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I just want to add that I received packet 3 yesterday. Instructions said that I will need to submit I-134 @ the interview. Sometimes even CO's don't know what is correct I-864 or I-134. I know for sure that I-864 needs more proofs and supporting documents than I-134. I advise you to prepare both forms and bring to the interview. When the CO asks for one he will probably be specific and you'll be able to provide him with which ever form he asks from you.


K-1 VISA JOURNEY 2010:

March 24th: I-129F filed

March 26th: NOA1 date

May 24th: NOA2 date

May 25th- Jun 3rd: Case @ NVC

Jun 7th: Embassy received

Jun 15th: Embassy sent pkt 3

Jun 17th: Pkt 3 received :)

Jun 22nd: Medical @ 7 a.m. (Kosevo)/ Jun 23rd: Passed

Jun 29th: Interview @ 13:30: Approved/ Jun 30th: Visa in hand

AOS JOURNEY 2010/2011:

October 25th: AOS, EAD and AP filed

November 1st: AOS, EAD and AP NOA1 date

November 18th: AOS and EAD biometrics appointment

January 6th: AOS case transferred to CSC

January 15th: AP document received (YAY! One step closer to GC!)

January 18th: EAD card received :)))))

February 17th: GC card production ordered

February 24th: GC arrived in mail :) What a relief..

event.png

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Filed: K-1 Visa Country: Vietnam
Timeline

I just want to add that I received packet 3 yesterday. Instructions said that I will need to submit I-134 @ the interview. Sometimes even CO's don't know what is correct I-864 or I-134. I know for sure that I-864 needs more proofs and supporting documents than I-134. I advise you to prepare both forms and bring to the interview. When the CO asks for one he will probably be specific and you'll be able to provide him with which ever form he asks from you.

Whoever told you "for sure" may be misinformed. The I-864 certainly has more specific requirements because the I-864 instructions go into a lot of detail about what is required, whereas the I-134 instructions are brief and vague. However, consulates usually provide their own instructions for what is required with the I-134, and ignore the instructions that USCIS provides for the form itself.

The minimum requirements for the I-864 are the most recent year's tax return and proof that the sponsor is a US citizen or LPR. A number of other types of evidence are also mentioned in the I-864 instructions, but they are either optional or only required in specific circumstances.

The minimum requirements for the I-134 are whatever the consulate says the minimum requirements are. However, those minimum requirements almost always include the most recent years tax return and proof the sponsor is a US citizen or LPR (proof of citizenship isn't usually required for the petitioner's I-134 because it was provided when they submitted the petition). In addition to the tax return, consulates can ask for whatever they want. So, it's distinctly possible that you could be required to submit a lot more evidence with an I-134 than you need for an I-864.

The important point is that you have to follow the consulate's specific instructions, and provide what they require with the I-134.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Kenya
Timeline

I just want to add that I received packet 3 yesterday. Instructions said that I will need to submit I-134 @ the interview. Sometimes even CO's don't know what is correct I-864 or I-134. I know for sure that I-864 needs more proofs and supporting documents than I-134. I advise you to prepare both forms and bring to the interview. When the CO asks for one he will probably be specific and you'll be able to provide him with which ever form he asks from you.

I would agree with this - probably best to have both forms prepared, that way no matter what they ask for you have it.


K-1
09/09/09 - NOA1 :: 10/20/09 - NOA2 :: 01/11/10 - Interview :: 02/24/10 - POE :: 04/10/10 - Wedding

AOS
05/17/10 - NOA :: 06/08/10 - Transferred to CSC :: 07/02/10 - Biometrics :: 07/16/10 - EAD/AP Approved :: 10/26/10 - AOS Approved

ROC
08/16/12 - NOA :: 09/13/12 - Biometrics :: 04/12/13 - Approved :: 04/19/13 - GC received


Naturalization
08/22/13 - NOA :: 09/20/13 - Biometrics :: 01/30/14 - Interview - Approved :: 02/27/14 - Oath

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Whoever told you "for sure" may be misinformed.

The important point is that you have to follow the consulate's specific instructions, and provide what they require with the I-134.

Well.. My consulate asked only for I-134, none of the specific requirements. And I believe that's most people's experience.


K-1 VISA JOURNEY 2010:

March 24th: I-129F filed

March 26th: NOA1 date

May 24th: NOA2 date

May 25th- Jun 3rd: Case @ NVC

Jun 7th: Embassy received

Jun 15th: Embassy sent pkt 3

Jun 17th: Pkt 3 received :)

Jun 22nd: Medical @ 7 a.m. (Kosevo)/ Jun 23rd: Passed

Jun 29th: Interview @ 13:30: Approved/ Jun 30th: Visa in hand

AOS JOURNEY 2010/2011:

October 25th: AOS, EAD and AP filed

November 1st: AOS, EAD and AP NOA1 date

November 18th: AOS and EAD biometrics appointment

January 6th: AOS case transferred to CSC

January 15th: AP document received (YAY! One step closer to GC!)

January 18th: EAD card received :)))))

February 17th: GC card production ordered

February 24th: GC arrived in mail :) What a relief..

event.png

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Filed: Country: Spain
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can ya help me little bit?

well i just came from Embassy I had an interview it was really smooth....The thing is Cosular didnt Even ask me for any proof. Nothing else he just want couple documents were in Checklist thats it i didnt need to prove anything he didnt even ask For Fiance Letter of intent .he asked me couple questions about her and me well then he was like we have to talk to ur fiance...Thats it Then he said this is envolpe u get at ur home,,, and u will find ur indian passort with visa pasted and u will get an another envolpe says DO NOT OPEN that one....and u will get ur passport in 2 weeks by mail.......So whats everyone thinks? Have i got Visa yet or what? Even he forgot my sign for DS156K I have to went back in and ask him sir am i supposed to sign a paper? He was like ohhhhhhhh yess i almost forgot thanks for remind me and ur good to goo

CAN U TELL ME IF IT LOOKS AM PASSED?

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Filed: Country: Spain
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can ya help me little bit?

well i just came from Embassy I had an interview it was really smooth....The thing is Cosular didnt Even ask me for any proof. Nothing else he just want couple documents were in Checklist thats it i didnt need to prove anything he didnt even ask For Fiance Letter of intent .he asked me couple questions about her and me well then he was like we have to talk to ur fiance...Thats it Then he said this is envolpe u get at ur home,,, and u will find ur indian passort with visa pasted and u will get an another envolpe says DO NOT OPEN that one....and u will get ur passport in 2 weeks by mail.......So whats everyone thinks? Have i got Visa yet or what? Even he forgot my sign for DS156K I have to went back in and ask him sir am i supposed to sign a paper? He was like ohhhhhhhh yess i almost forgot thanks for remind me and ur good to goo

CAN U TELL ME IF IT LOOKS AM PASSED?

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Country: Brazil
Timeline

Thats it Then he said this is envolpe u get at ur home,,, and u will find ur indian passort with visa pasted and u will get an another envolpe says DO NOT OPEN that one....and u will get ur passport in 2 weeks by mail.......

CAN U TELL ME IF IT LOOKS AM PASSED?

I'm no expert but if the CO said that you will get the envelop with the passport and visa that sounds good!

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