Form I-134, Affidavit of Support

[fm2002 0]

I need help with question 9 & 10 of the Form I-134, Affidavit of Support. Here's my situation. About 1 year ago I had to provide Form I-134, Affidavit of Support for my previous wife. It's a unique situation, but basically she didn't need a green card until this time. We had been married 13 years so it was no problem and the process was w/o incident. A few months after she got her green card we divorced.

I'm now trying to get a fiance Visa for my new bride to be. Everything has gone great so far and we are at the point where the packet has been sent to the USA Embassy in her country (Thailand). In anticipation of this I'm preparing Form I-134, Affidavit of Support and am wondering how to answer question 9 & 10. Of course I know I need to answer it honestly, but am wondering if I fill in my now ex-wifes name and date. If so will this be looked as a reason for denial??

[Gary and Alla 3,694]

I need help with question 9 & 10 of the Form I-134, Affidavit of Support. Here's my situation. About 1 year ago I had to provide Form I-134, Affidavit of Support for my previous wife. It's a unique situation, but basically she didn't need a green card until this time. We had been married 13 years so it was no problem and the process was w/o incident. A few months after she got her green card we divorced.

I'm now trying to get a fiance Visa for my new bride to be. Everything has gone great so far and we are at the point where the packet has been sent to the USA Embassy in her country (Thailand). In anticipation of this I'm preparing Form I-134, Affidavit of Support and am wondering how to answer question 9 & 10. Of course I know I need to answer it honestly, but am wondering if I fill in my now ex-wifes name and date. If so will this be looked as a reason for denial??

YES you list your ex-wife just as you will on ALL questions asking about other immigrants you have sponsored and just as you have attached copies of your previous divorce papers etc.

Also if your ex-wife is still in the US, is not a citizen and has not been here for more than 10 years she still counts in your family size as you are still responsible for her under the I-864 you did for her green card.

Whether a consulate considers it reason for denial is up to them. Usually no. IF her inclusion in the family size drops wyou below the guideline income for a family of that size, and since Thailand does not allow co-sponsors for K-1s, then YES the visa would not be issued.

If you conceal the fact that you previously sponsored an immigrant they can deny the visa and ban your fiancee for material fraud.

[fm2002 0]

YES you list your ex-wife just as you will on ALL questions asking about other immigrants you have sponsored and just as you have attached copies of your previous divorce papers etc.

Also if your ex-wife is still in the US, is not a citizen and has not been here for more than 10 years she still counts in your family size as you are still responsible for her under the I-864 you did for her green card.

Whether a consulate considers it reason for denial is up to them. Usually no. IF her inclusion in the family size drops wyou below the guideline income for a family of that size, and since Thailand does not allow co-sponsors for K-1s, then YES the visa would not be issued.

If you conceal the fact that you previously sponsored an immigrant they can deny the visa and ban your fiancee for material fraud.

Thank you for your reply.

I have a follow up question. You mention "guideline income". What is the guideline income for me? I have no kids and have only myself, ex-wife and fiance.

[fm2002 0]

Looks like I answered my own question, but since we will be living in Saipan a US Commonwealth the charts I've seen don't cover Saiapn. They cover US 48's, Alaska and Hawaii. Alaska being the highest. S o if I used Alaska as a guide and assume a house hold of myself, ex-wife and fiance (household of 3) my minimum income would need to be $28,613. Is this correct ?

[Gary and Alla 3,694]

Looks like I answered my own question, but since we will be living in Saipan a US Commonwealth the charts I've seen don't cover Saiapn. They cover US 48's, Alaska and Hawaii. Alaska being the highest. S o if I used Alaska as a guide and assume a house hold of myself, ex-wife and fiance (household of 3) my minimum income would need to be $28,613. Is this correct ?

The guidelines apply to the I-864 not the I-134. There really are no guides for the I-134 but the consulates usually use the I-864 guides. Since they do not list your commonwelath specifically, it would be prudent to use the highest figures.

[fm2002 0]

The guidelines apply to the I-864 not the I-134. There really are no guides for the I-134 but the consulates usually use the I-864 guides. Since they do not list your commonwelath specifically, it would be prudent to use the highest figures.

Going through both I-864 and I-134 forms now. I'm confused. Will I need to provide both forms?

[Wishing on a Star 4]

Going through both I-864 and I-134 forms now. I'm confused. Will I need to provide both forms?

I believe for the actual K-1 visa interview itself you just need the I-134... but when you start the Adjustment of Status, after you get married, then you will need the I-864 form.

[VanessaTony 3,567]

Going through both I-864 and I-134 forms now. I'm confused. Will I need to provide both forms?

K1 usually requires the i-134, but some countries require the I-864. What country are you talking about?

Also, you should look at the 125% level for a 3 person household, not the 100% level. These are the levels: http://www.uscis.gov/files/form/i-864p.pdf

The guidelines apply to the I-864 not the I-134. There really are no guides for the I-134 but the consulates usually use the I-864 guides. Since they do not list your commonwelath specifically, it would be prudent to use the highest figures.

Actually the i-864p does mention the Northern Marina Islands. It's the same as the 48 states.

Looks like I answered my own question, but since we will be living in Saipan a US Commonwealth the charts I've seen don't cover Saiapn. They cover US 48's, Alaska and Hawaii. Alaska being the highest. S o if I used Alaska as a guide and assume a house hold of myself, ex-wife and fiance (household of 3) my minimum income would need to be $28,613. Is this correct ?

No. The chart I posted above lists the Northern Marina Islands. You need to earn $23,162.

[fm2002 0]

K1 usually requires the i-134, but some countries require the I-864. What country are you talking about?

Also, you should look at the 125% level for a 3 person household, not the 100% level. These are the levels: http://www.uscis.gov/files/form/i-864p.pdf

Actually the i-864p does mention the Northern Marina Islands. It's the same as the 48 states.

No. The chart I posted above lists the Northern Marina Islands. You need to earn $23,162.

THAILAND is where she's from and where the US Embassy is located (Bangkok)

[VanessaTony 3,567]

THAILAND is where she's from and where the US Embassy is located (Bangkok)

Okay. Here is their K visa instructions: http://bangkok.usembassy.gov/root/pdfs/bnk_specific_info_v1.1.pdf

Here is where you find the packet 3 and 4 info: http://bangkok.usembassy.gov/immigrant_visas/packets.html

The packet 3 instructions: http://bangkok.usembassy.gov/root/pdfs/k_instructions_package_may09.pdf state they do the I-134.