I-864, Affidavit of Support - CO SPONSOR

[bahiabrazil 0]

I'm about to get the I-864 ready for the K3 and will need a co-sponsor which will be my dad only, which will be enough to meet the requirements (both working by the way). My dad and step mom file joint returns. Do I need both of them to be co-sponsor (dad & step mom) to sign and be the co sponsor, or can i just use my dad as a co sponsor?

I will send all irs returns / transcript for my dad & step mom (joint filling) but only have my dad co sponsoring... is this confusing? any one knows or had experienced this? Thanks!

[YuAndDan 153]

Are we talking about Afidavit of support form required at the K-3 visa interview or Affidavit of support needed for Adjustment of status in the states?

If for visa interview you need to do I-134 form for K-3 visa, I-864 is only for CR-1 visa or adjusting status in the states. I-864 is for GREEN-CARD.

This is the rule for Affidavit of support.

I-134 is for Non-Immigrant visas (K-1 and K-3) visas that do not result directly in a Green-card.

I-864 is for immigrant visas or AOS, (IR-1, CR-1) visas that directly result in a Green-Card being issued.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)(c ) and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR).

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the manual that the consular officers are required to follow)

[mollyreyna 0]

Are we talking about Afidavit of support form required at the K-3 visa interview or Affidavit of support needed for Adjustment of status in the states?

If for visa interview you need to do I-134 form for K-3 visa, I-864 is only for CR-1 visa or adjusting status in the states. I-864 is for GREEN-CARD.

This is the rule for Affidavit of support.

I-134 is for Non-Immigrant visas (K-1 and K-3) visas that do not result directly in a Green-card.

I-864 is for immigrant visas or AOS, (IR-1, CR-1) visas that directly result in a Green-Card being issued.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)(c ) and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR).

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the manual that the consular officers are required to follow)

That's really strange...why does VJ have the I-864 form listed under forms needed for K-3?? Maybe that's how it used to be??

[YuAndDan 153]

That's really strange...why does VJ have the I-864 form listed under forms needed for K-3?? Maybe that's how it used to be??

In the case of K-3, if you choose to continue the I-130 process (CR-1) you would be sending an I-864 to the NVC, inorder to keep the I-130 (CR-1) process moving after you file the I-129F (K-3) you would file I-824 ($200) to USCIS to make them move the approved I-130 on to NVC to start the CR-1 visa process.

If you chose to only do K-3, you will use I-134 at the visa interview, if you keep the I-130 moving you would use the I-864 at the interview if the visa type is CR-1.

[bahiabrazil 0]

Ok. Thanks for clearing this up. I thought I read somewhere for the Rio, Brazil, US Consulate there that they needed the I-864 even for the K3 petition. I'll do more in-depth research on that to see if i find anything.

Ok, so regarding my previous question, does the I-134 have a co-sponsor there and if yes, should the co-sponsor sign? And does my step mom need to sign as well because they file joint tax return but just my dad's income is sufficient to cover his wife, myself and my spouse as well. Thanks!

Our i-129F and i-130 has been approved. My wife is in Brazil waiting for the K3 processing and consulate interview, NVC has the i-129F (K3). No words as of yet. Thanks for all ur replies so far!!

[Mona Lisa 0]

Hi, Bahiabrazil

I am lost too. I have just read here that some consulates want I-134 or I-864. I am waiting for my packet 3 arrive to know what they will wish that I take. I am praying to get it on this week. OOOh, it seems a eternityyyyy!! When I receive it I will let you know.

Good Lucky

[Yodrak 7]

mollyreyna,

VJ doesn't. It's listed, in the Example Forms section, under adjustment of status where it belongs.

How it "used to be" is that I-134 was used for everything. I-864 did not exist until about 10 years ago.

Yodrak

That's really strange...why does VJ have the I-864 form listed under forms needed for K-3?? Maybe that's how it used to be??

Edited March 7, 2007 by Yodrak

[Yodrak 7]

bahiabrazil,

The I-134 does not have a co-sponsor. (Neither does I-864, but for a different reason).

The K visas, being non-immigrant visas, expect that the visa applicant will be able to meet the public charge requirements of the law on their own, but allow for a sponsor if they cannot. As a practical matter, most K-visa applicants do need a sponsor. But again, as for the other non-immigrant visas, the sponsor does not need to be the petitioner.

If your dad will sponsor your wife's visa application then he is the person who will sign the I-134. Filing a joint tax return with his wife (your step mother) is irrelevant if only his financial resources are to be used.

You do not need to be covered. You are a USC, you are entitled to the public dole should you need it.

Yodrak

....

Ok, so regarding my previous question, does the I-134 have a co-sponsor there and if yes, should the co-sponsor sign? And does my step mom need to sign as well because they file joint tax return but just my dad's income is sufficient to cover his wife, myself and my spouse as well. Thanks!

....

[Yodrak 7]

Mona Lisa,

What you've read is wrong, or at least misleading. Read the FAM, a more authoritative source. In particular 9 FAM 40.41 Notes N4.6-3 b (5) and 9 FAM 41.81 Notes N4 b

Yodrak

Hi, Bahiabrazil

I am lost too. I have just read here that some consulates want I-134 or I-864. I am waiting for my packet 3 arrive to know what they will wish that I take. I am praying to get it on this week. OOOh, it seems a eternityyyyy!! When I receive it I will let you know.

Good Lucky

[bahiabrazil 0]

Thanks for all your responses!! I am not sure why I don't get notification when someone post a reply but anyway, I'll check back here again.

Yodrak: Thanks, that was helpful. I just got back from Bahia and I am looking for a job. But for sure, I will have my Dad sign the I-134. And I also plan on signing one as well when I get a job. Should that be ok? Cause I hear that the petitioner has to be the primary sponsor regardless if they have a co-sponsor or not. I understand that I need any job and have a co-sponsor for the additional help. Don't you still need the tax forms sent with the I-134 ?

Mona Lisa: Yes, please let us know when you get the package!!! Do you know if the NVC sent the package to Rio yet and if they received it yet?

[bahiabrazil 0]

Yodrak:

After re-reading over and over your comments, I DO NOT NEED to fill out the I-134 as the petitioner??? Would that raise a red flag at the consulate? Regardless, then if you are right, I have less pressure and stress for finding a job quickly!!?? Then I should have stayed in Brazil with my wife and wait with her longer, then.. lol.. no really, i'm back to find a job which i really need!..

And how about after filing for the AOS? Then, I should be filling out the I-864 with a co-sponsor?

[bahiabrazil 0]

Thanks for this info. It sure cleared up my confusion. However, it doesn't mention who can sign the I-134? Does the petitioner need to do it or anyone?

Are we talking about Afidavit of support form required at the K-3 visa interview or Affidavit of support needed for Adjustment of status in the states?

If for visa interview you need to do I-134 form for K-3 visa, I-864 is only for CR-1 visa or adjusting status in the states. I-864 is for GREEN-CARD.

This is the rule for Affidavit of support.

I-134 is for Non-Immigrant visas (K-1 and K-3) visas that do not result directly in a Green-card.

I-864 is for immigrant visas or AOS, (IR-1, CR-1) visas that directly result in a Green-Card being issued.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)(c ) and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR).

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the manual that the consular officers are required to follow)

[bahiabrazil 0]

I have read somewhere that the sponsor must be the person who filed the petition.

I would assume that this includes the I-134 form as well? Has anyone processed their K3 visas and submitted the affidavit with another sponsor other than yourself the petitioner? Thanks!

[Yodrak 7]

bahiabrazil,

According to the INA you do not need to be the sponsor for your wife's visa. But the consulate will be expecting you to be the sponsor - the spouse or fiance(e) of a K3 visa applicant is the most obvious and logical person to sponsor. So it would be prudent of you to put together a sponsorship package (which involves more than just an I-134).

If you are not working by the time of the interview, and your financial package is clearly inadequate, have your wife submit only the financial package from your dad. But she should have your useless one with her in the event that it's asked for.

If you are working by the time of the interview then have your wife do the reverse - submit your financial package and keep your father's financial package at the ready in case yours is found to be inadequate.

Only for immigration - an immigrant visa application or adjustment of status - is the spouse required to be the sponsor, whether or not they have adequate financial resources. And in that case there is still no such thing as a cosponsor - there are joint sponsors and there are household members.

Yodrak

Yodrak:

After re-reading over and over your comments, I DO NOT NEED to fill out the I-134 as the petitioner??? Would that raise a red flag at the consulate? Regardless, then if you are right, I have less pressure and stress for finding a job quickly!!?? Then I should have stayed in Brazil with my wife and wait with her longer, then.. lol.. no really, i'm back to find a job which i really need!..

And how about after filing for the AOS? Then, I should be filling out the I-864 with a co-sponsor?

Edited March 8, 2007 by Yodrak

[Yodrak 7]

bahiabrazil,

Most VJers think that, so you'll see it written a lot. For the K visas they are wrong.

Yodrak

I have read somewhere that the sponsor must be the person who filed the petition.

.....

Edited March 8, 2007 by Yodrak