Form I-864 or Form I-864A? Help Needed

[Jericho980 2]

Hello everyone,

I am new to this forum and this website, as I am new to trying to bring my fiance from Ukraine to US. I applaud all of you for your tenacity in this daunting task. I so SO overwhelmed with old, outdated information, but I was recommended to this site and find it to be invaluable to this task. But one question I cannot get a straight answer on is this:

I just finished school. And I do not meet the income requirements for:

Me and my son (here in Tennessee) Currently I make $12,000.00 annually conservatively and rent my apartment

My fiance and her son (in Ukraine) She has a property with approximate value of $65,000.00 (which she rents for about $300.00/per month)

My Aunt who lives in California, has offered to help us with this. She is living in her own home, which I assume she would claim as a asset, which is around $280,000.00 and renting out rooms in her home to tenants and collecting social security.

My ultimate question is how best to file the I-864's: Should my aunt and I both file separate I-864's or should I file an I-864 and my aunt file a I-864A? Its my understanding that the documents changed recently and this is adding to the confusion and I am under the impression that she cannot file a I-864A due to the fact that she doesn't live with me.

I want to thank you in advance for any helpful answers that I may receive.

[semperpietas 4]

Spouse or fiancee? If she is your fiancee, then you will need to fill out the I-134 Affidavit of Support (unless the embassy specifically requests the I-864). Your co-sponsor would fill out a I-134 of her own. The I-864 is reserved for adjustment of status later in Fiance cases. I don't know about Ukraine, but the American consulate in Bulgaria only requires a single I-134, as long as the income/assets on that form meet the requirements. So if you don't meet the requirements but your co-sponsor does, then you don't have to fill out the form. But its best to ask the embassy in this regard.

Edited December 16, 2015 by semperpietas

[Jericho980 2]

Thank you for your response and congratulations my friend on your fiances Visa! She is my fiance, we are not married. That is wonderful information to know! Such a relief! I would contact the embassy in Kiev, Ukraine to verify this?

[semperpietas 4]

Thank you for your response and congratulations my friend on your fiances Visa! She is my fiance, we are not married. That is wonderful information to know! Such a relief! I would contact the embassy in Kiev, Ukraine to verify this?

Thank you!

You can email the embassy's immigrant section (kyiviv@state.gov)and hopefully they will answer your inquiry.

I think you can safely assume that its a I-134 you will need. Have you filed your petition yet?

[Jericho980 2]

Not as yet. I have been trying to gather everything at this point. My fiance has sent her paperwork to me. I'm just finalizing it all. Thank you, I will contact them now. So glad to have your advice!

[semperpietas 4]

Not as yet. I have been trying to gather everything at this point. My fiance has sent her paperwork to me. I'm just finalizing it all. Thank you, I will contact them now. So glad to have your advice!

Not a problem. We all help each other here, and without this my fiancee and I would have had a much harder time with this process.

While its never too early to start collecting evidence and getting ready, you really won't need to have the I-134 ready until your fiancee has reached the interview stage. When you submit your petition, it will go through a USCIS Service Center (likely California), and then to the NVC, and then to the embassy. This process will likely take several months. Once your petition has reached the embassy, they will send your fiancee a letter or email detailing all the items she has to bring for the interview and a completed I-134 will be one of those items they ask for in that request.

Edited December 16, 2015 by semperpietas

[Ksenia_O 696]

kyiviv@state.gov - this e-mail is only for visa inquiries, for visa applications that are being processed already.

For any other questions you should use another e-mail: support-Ukraine@ustraveldocs.com They give you an answer pretty quick. Usually within 48 hours. Or you can call from the U.S. +1(703) 988-7107. I'm not sure if it's free - they might charge you for phone call. But anyway, before you call or contact them via email, take a look at this link

http://ukraine.usembassy.gov/fiancee.html

It is really a good guide and it has all information you need. When your I129F gets approved and the case moves to the US Embassy in Kiev, your Fiancée will receive the letter, with case number and instructions what to do next. In this letter she will also be recommended to use this web site as a guide.

She will need the I-134 at the interview stage. I had my husband's tax returns for 3 previous years, the Employer's letter and Bank letter along with I-134. There are not any specific requirements, only I-134. So it's all up to you, guys, to have as many affidavits of support as you have.

You have mentioned your Fiancée has sent her paperwork to you, for I129F, right? Just make sure you have all of this from her:

1. Intent to Marry, signed and dated.

2. International passport - copy of her biographical "photo" page.

3. Copy of her Birth Certificate with certified English translation.

4. Divorce Decree with certified English translation.

5. Any Name Change Certificates with certified English translation.

6. Her name and mailing address typed in Ukrainian or Russian.

7. Visa photo (50 mm X 50 mm) with white background and full-frontal view.

...if I missed something, hope VJ folks will correct me..

Also, while you are "In process" and waiting, I would suggest your Fiancée to get an Apostille on her original and translated Diplomas (University, collage .. what she has). It takes few weeks in Ukraine to get it done. But it will help to evaluate her Diplomas in the US system (credits) when she is here. Some Evaluation Centers work with certified and translated copies, some - only with originals, but none of them don't do any evaluation without Apostille.

The US Embassy in Kiev is very friendly. Really If you have good proofs of ongoing relationship and your Fiancée passed her medical exam without any issues, you should be fine during the interview.

Good luck with your I-129! Hopefully, it will be approved soon!!

[Ksenia_O 696]

..just found this in the INSTRUCTIONS FOR K VISA APPLICANTS (Ukraine)

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

Hope, it will help.

[Jericho980 2]

Thank you so very much for the useful links and extra information! I have been worried about this all day and was able to come home and review your responses and it made me a little more assured. I definitely appreciate the tip about the Apostile as well! My fiance has send (what I believe to be) all necessary information. Once I get this packaged I will be able to review it and see what else is needed. I am trying to be proactive and get my paperwork in order at this time. Thank you again very much!