I-134 or I-864?

[mathew5502 0]

My fiancé is the petitioner who lives in Missouri, USA, and i the benficiary who lives in UK. She is 20 and does not work, and has never worked but lives with her parents who are both going to sponsor me to meet the federal income guidelines. What forms do we need to complete in order to fulfil the sponsor requirements? Does my fiancé fill out the I-134 and her parents fill out the I-864 and I-864a? Neither parent meets the income guidelines alone.

Hope you can help!

Thanks

Mathew

[ritbiv 95]

According to USCIS no need for affidavit of support needed during I129F filing.

Affidavit of Support For Fiancé(e), Spouse, or Child as a K Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

Source: http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[Stef & Andrew 9]

According to USCIS no need for affidavit of support needed during I129F filing.

Affidavit of Support For Fiancé(e), Spouse, or Child as a K Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

Source: http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

They do need to include one, just not in the petition stage. They need to include it in the interview stage for a K-1 visa. They would use the I-134 form. Edited May 29, 2014 by Stef & Andrew

[baron555 934]

The petitioner and the cosponser EACH complete a 134 form and attach documents and send for the K-1 interview.

Then for AOS they will do the same but use the 864 form.

[ritbiv 95]

They do need to include one, just not in the petition stage. They need to include it in the interview stage for a K-1 visa. They would use the I-134 form.

Yes you are right. Not during filing phase but during interview. And yes they need to use I 134 form.

[Nich-Nick 3,354]

My fiancé is the petitioner who lives in Missouri, USA, and i the benficiary who lives in UK. She is 20 and does not work, and has never worked but lives with her parents who are both going to sponsor me to meet the federal income guidelines. What forms do we need to complete in order to fulfil the sponsor requirements? Does my fiancé fill out the I-134 and her parents fill out the I-864 and I-864a? Neither parent meets the income guidelines alone.

Hope you can help!

Thanks

Mathew

THIS is a London specific answer.

You will take an I-134 form and supporting evidence of income to your interview in London from the person(s) who will sponsor you. It does not have to be the fiancé. If she has no income, then London won't be needing her I-134 and proof of no income. They want to see things from the person who can actually offer support.

If you have significant savings you could sponsor yourself with no I-134 at all. However, you may be too young to have reached a point in your life to have built up assets. It is an option for those going through London.

[Bakemma 4]

You timeline is fantastic Nich-Nick!

[mathew5502 0]

Thank you all for your replies.

I have a slight concern however, nay a big one. Her mother and father each earn about $25000 per year. The household has 4 already and with me coming, that makes 5. Will they count their income as joint in order to surpass the federal poverty guidelines?

Thanks

Mathew

[ritbiv 95]

Thank you all for your replies.

I have a slight concern however, nay a big one. Her mother and father each earn about $25000 per year. The household has 4 already and with me coming, that makes 5. Will they count their income as joint in order to surpass the federal poverty guidelines?

Thanks

Mathew

Yes don't worry about that. They can both show their income as household member.

Edited May 29, 2014 by rituparnabivas

[Nich-Nick 3,354]

I have a slight concern however, nay a big one. Her mother and father each earn about $25000 per year. The household has 4 already and with me coming, that makes 5. Will they count their income as joint in order to surpass the federal poverty guidelines?

For the I-134 and K visa there are actually no rules except the interviewing officer must be convinced you will not become a public charge. It is different than the I-864 rules that get bantered around. It is a subjective decision by the officer. Yes the form asks for how many are being wholly or partially supported to help them decide. Yes London will consider $50,000 has been pledged as support for you. The I-34 is not a binding contract.

When you adjust status after marriage, you are back with USCIS and strict policy regarding the I-864 Affidavit of Support. It is a binding contract and they are on the hook for you until you work 10 years, leave the country, or die....even if you ditch their daughter.

You will submit:

* I-864 from fiancé and a tax return or reason not required to file

* I-864 from Dad listing his income in one place and Mom's income as his household member on a different line resulting in $50k on his I-864; their tax return; other proof of income that they offer; proof they are US citizens.

* I-864A from Mom granting her permission for Dad to list her income on his form and also agreeing to support you.

Back to the K visa -- yes the I-134 is the norm but read this:

From the U.S. Department of State Foreign Affairs Manual Procedural Notes

9 FAM 41.81 PN2 EVIDENCE OF SUPPORT

(CT:VISA-1823; 03-15-2012)

A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) (8 U.S.C. 1182) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.

9 FAM 41.81 NOTES

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful