Is an I-864 a suitable replacement for an I-134?

[gitsie 0]

I have my appointment at the London embassy for my K-1 next week. I only have my fiancee's I-864 and tax return rather than I-134 (on our inept lawyer's advice). The I-864 is much more comprehensive than the I-134. Is it a suitable replacement or do I absolutely need the I-134?

[mariepear 12]

I-134 requires supporting evidence - like bank letters, employment letters, etc... do you have that?

[mtcmk1 37]

Check with your Embassy because I know that our Embassy (Haiti) only accepts I-134 for K1s. If you submit I-864, they do not accept it as it is a completely different form.

[gitsie 0]

@mariepear - no - just a tax return

It seems like they just want proof that I won't be a public burden, the london emabssy site is not clear on what constitutes that proof. does anyone have any insight on that? thanks very much

Edited September 26, 2013 by gitsie

[mariepear 12]

I would fill out the I-134 then and have all the supporting documents with it... Read the instructions for I-134, they require different stuff than I-864. Tax return is not needed for I-134 (only if you are self employed I think). But you need the employment letter, bank statements etc...

[clairegie 265]

I have my appointment at the London embassy for my K-1 next week. I only have my fiancee's I-864 and tax return rather than I-134 (on our inept lawyer's advice). The I-864 is much more comprehensive than the I-134. Is it a suitable replacement or do I absolutely need the I-134?

I'm in no way claiming I'm smarter than your lawyer, but if the London Embassy required I-134, why would your lawyer advice against that? Sure, it is comprehensive, but that's because its legally binding, whereas, the I-134 is not. The advantage is its extensive, but the disadvantage could be that the process is longer/delayed because it involves more legal matters (that's if the embassy accepts the I-864). I think its better you still prepare the I-134 and just keep the I-864 for when you file of AOS. If you are sure that you meet the poverty guideline, I don't see why the I-134 wont suffice. I believe in not volunteering information, it might work against you :/

Edited September 26, 2013 by iammrsregi

[gitsie 0]

I'm in no way claiming I'm smarter than your lawyer, but if the London Embassy required I-134, why would your lawyer advice against that? Sure, it is comprehensive, but that's because its legally binding, whereas, the I-134 is not. The advantage is its extensive, but the disadvantage could be that the process is longer/delayed because it involves more legal matters (that's if the embassy accepts the I-864). I think its better you still prepare the I-134 and just keep the I-864 for when you file of AOS. If you are sure that you meet the poverty guideline, I don't see why the I-134 wont suffice. I believe in not volunteering information, it might work against you :/

You probably are a lot smarter than our lawyer, but that's by the by. The London Embassy site just states this:

Evidence of Support (Affidavit of Support): All applicants are requried to establish that s/he will not become a public charge in the United States. Please note that this evidence must be less than one (1) year old when presented at the visa interview. Please follow this link for more information.

and then the link says:

Affidavit of Support: Form I-864, a contractual affidavit of support, must be submitted for most family-based applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioner's business.

Employment based visa applicants must show a recent letter from their employer confirming that the job offer upon which their application is based is still available to them. Qualified nurses must also present their Visa Screen Certificate. All other applicants must show evidence that they are not likely to become public charges while in the United States. Use of the form I-134is an efficient way to provide this information to the Consular Officer.

So it doesn't actually say, at least anywhere that I've seen, that one must send in an I-134 rather than I-864.

I know this is an annoying question, but I just got my interview letter today for an interview on the 3rd October - not giving me much time to get the I-134 if needs be!

[clairegie 265]

Affidavit of Support: Form I-864, a contractual affidavit of support, must be submitted for most family-based applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioner's business.

Employment based visa applicants must show a recent letter from their employer confirming that the job offer upon which their application is based is still available to them. Qualified nurses must also present their Visa Screen Certificate. All other applicants must show evidence that they are not likely to become public charges while in the United States. Use of the form I-134is an efficient way to provide this information to the Consular Officer.

So it doesn't actually say, at least anywhere that I've seen, that one must send in an I-134 rather than I-864.

I know this is an annoying question, but I just got my interview letter today for an interview on the 3rd October - not giving me much time to get the I-134 if needs be!

Since you filed a k-1. you are not a family nor employee -based applicant. You belong to "all other applicants". Please see this link:

http://london.usembassy.gov/i864.html, it says what is required from fiancees.

Can you please tell us what evidences you collected for the I-864? Since its a more comprehensive version of I-134, I think you can still use a lot of what you already have. You can download the I-134 online and its just 2 pages. I'm sure you can prepare it in time. Dont worry

[gitsie 0]

Since you filed a k-1. you are not a family nor employee -based applicant. You belong to "all other applicants". Please see this link:

http://london.usembassy.gov/i864.html, it says what is required from fiancees.

Can you please tell us what evidences you collected for the I-864? Since its a more comprehensive version of I-134, I think you can still use a lot of what you already have. You can download the I-134 online and its just 2 pages. I'm sure you can prepare it in time. Dont worry

It's just a tax return - the link you sent doesn't say you can't use the I-864, it just says it isn't necessary.

The issue with the I-134 is that it's not me that has to prepare it, I in London and she's in America...

[Harpa Timsah 13,258]

It's just a tax return - the link you sent doesn't say you can't use the I-864, it just says it isn't necessary.

The issue with the I-134 is that it's not me that has to prepare it, I in London and she's in America...

We know who has to prepare it. Your fiancee better get it together. It doesn't take long to prepare, like 10 minutes? And fire your lawyer. K-1 is a non-immigrant visa.

Edited September 26, 2013 by Harpa Timsah

[gitsie 0]

It would be great if someone answered this who had experience of the London interview..

[clairegie 265]

Look, if you don't believe us, that's cool. But the I-134 is just 2 pages, what harm does it do to prepare it anyway? If she cant provide pay stubs or bank statements or a letter from the employer, then so be it. Just go through with the interview with the tax returns and the I-864 & hope that they find that sufficient. If its not enough, they will just ask you to bring/submit the other evidences anyway. This is a DIY site so we follow instructions as we see it, if your lawyer advices you differently, then its your choice. I'm sure he/she knows what they are doing. That's what they get paid for right? All we can really do is suggest what has worked for countless people who went through with it, after all, all we want is for you to get approved. Goodluck on your interview, I hope all goes well

Edited September 26, 2013 by iammrsregi

[gitsie 0]

Look, if you don't believe us, that's cool. But the I-134 is just 2 pages, what harm does it do to prepare it anyway? If she cant provide pay stubs or bank statements or a letter from the employer, then so be it. Just go through with the interview with the tax returns and the I-864 & hope that they find that sufficient. If its not enough, they will just ask you to bring/submit the other evidences anyway. This is a DIY site so we follow instructions as we see it, if your lawyer advices you differently, then its your choice. I'm sure he/she knows what they are doing. That's what they get paid for right? All we can really do is suggest what has worked for countless people who went through with it. Goodluck on your interview, I hope all goes well

I do appreciate the feedback - it's all very helpful - as you say, there's little risk in actually bringing the I-134. cheers

[gitsie 0]

Look, if you don't believe us, that's cool. But the I-134 is just 2 pages, what harm does it do to prepare it anyway? If she cant provide pay stubs or bank statements or a letter from the employer, then so be it. Just go through with the interview with the tax returns and the I-864 & hope that they find that sufficient. If its not enough, they will just ask you to bring/submit the other evidences anyway. This is a DIY site so we follow instructions as we see it, if your lawyer advices you differently, then its your choice. I'm sure he/she knows what they are doing. That's what they get paid for right? All we can really do is suggest what has worked for countless people who went through with it, after all, all we want is for you to get approved. Goodluck on your interview, I hope all goes well

It did all go well! got the visa. brought pay stubs with W2 and I-864, didn't have the I-134. I'd say def bring the I-134, not worth not bringing it. but worked for me...