Can someone help me with this I-134 confusion

[aussiewench 9]

I agree, but the context I made that statement was in conjunction with the question asking how one would contribute.....and that particular question to my knowledge is only relevant to other non-immigrant visas and not written with K visas in mind.

aussiewench,

Actually, the I-134 was meant to be used for any visa when the visa applicant required a financial sponsor, including the K visas. It was used for immigrant visas as well until the INA was amended to create stricter financial sponsorship requirements for immigrants. I think that happened in late 1997. I don't know how long it took to be implemented, and the I-864 affidavit created to do so, probably early to mid 1998.

Yodrak

...

The I-134 was never meant to be used for K visas even though it is used in many cases. ....

I agree again....but why even give a choice when it clearly states in the FAM that the I-864 MUST not be used.

I am still unclear as to whether those or some going through India are in fact not always being given a choice.

From the Mumbai Embassy info at the top of the page..........

**K3 - They are asking for both support forms for us I 134 and I 864

Perhaps members going through Mumbai can clear this up one way or the other.

Lorelle,

Choice does not mean required.

Yodrak

Edited March 20, 2006 by aussiewench

[rebeccajo 14]

rebeccajo,

Name one.

See 9 FAM 40.41 Notes, N6-3.b(5) and 9 FAM 41.81 Notes, N4.b

Yodrak

.... SOME consulates (the more stringent ones) want the I-864.

I am well familiar with the FAM notes, Yodrak - as you are aware. I encouraged Matt to look it up himself becaues, as Lorelle pointed out, there are some indicators out there of the occasional inconsistency in policy. I would rather encourage a member to be accountable for their own information than ill-advise them.

Don't be in here today nit picking with me. Frankly I don't need it.

[Yodrak 7]

rebeccajo,

I'm not nit picking. I'm asking people, including you, to support the information that you post so as not to cause people un-necessary concern or confusion.

Yodrak

rebeccajo,

Name one.

See 9 FAM 40.41 Notes, N6-3.b(5) and 9 FAM 41.81 Notes, N4.b

Yodrak

.... SOME consulates (the more stringent ones) want the I-864.

I am well familiar with the FAM notes, Yodrak - as you are aware. I encouraged Matt to look it up himself becaues, as Lorelle pointed out, there are some indicators out there of the occasional inconsistency in policy. I would rather encourage a member to be accountable for their own information than ill-advise them.

Don't be in here today nit picking with me. Frankly I don't need it.

[rebeccajo 14]

Allright. I don't know it for a 100% fact. That's why I suggested to Matt that he go to the source (consulate website) and look for the instructions there. I am not an expert (nor do I care to become one) on the Vietnamese consulate. I am aware however that there are sometimes issues with that consulate. Matt seems like a nice guy with a real relationship here. If he wants to be as savvy as he can be about his case (which I believe he does) then I personally believe thats the best way to educate him. Not sit here and pontificate some regulations that are subjective at best when it comes interview time. If that is not supporting my information - then tough. I don't call that creating concern or confusion. I call that showing the petitioner how to be accountable for his own life.

rebeccajo,

I'm not nit picking. I'm asking people, including you, to support the information that you post so as not to cause people un-necessary concern or confusion.

Yodrak

rebeccajo,

Name one.

See 9 FAM 40.41 Notes, N6-3.b(5) and 9 FAM 41.81 Notes, N4.b

Yodrak

.... SOME consulates (the more stringent ones) want the I-864.

I am well familiar with the FAM notes, Yodrak - as you are aware. I encouraged Matt to look it up himself becaues, as Lorelle pointed out, there are some indicators out there of the occasional inconsistency in policy. I would rather encourage a member to be accountable for their own information than ill-advise them.

Don't be in here today nit picking with me. Frankly I don't need it.

[pax 0]

I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.

[Yodrak 7]

pax,

Please let me know when you come across a consulate that requires I-864 for a K visa. I really would like to know. So far I've only heard direct reports from 2 people about 1 consulate that offers a choice (both people opted for I-134). I forget which consulate that was, but it might have been Addis Ababa.

The only anecdotal evidence about consulates requiring I-864 for a K visa I've read was from people who were repeating the general statement because they'd seen other people write it.

And be careful about what's posted on web sites, because many web sites are not clear about distinguishing between K visas and immigrant visas. And when they are clear, many readers mis-read it. Just last week people were writing that I-864 is required in Mexico because the immigrant visa section of the consulate's web site says that I-864 is required for immigrant visas. But if you look at the K-visa sub-section of the immigrant visa section it clearly says I-134.

Yodrak

I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.

[pax 0]

FWIW, Matt, I dug this up for you:

http://hochiminh.usconsulate.gov/required_...ml#RequiredocsK

Yodrak, I honestly don't know. I'm saying that I've heard anecdotal evidence of consulates asking for an I-864. Again, that doesn't mean that I have a running list of concrete requests for I-864s for K visas.

As always, I would think that the best policy is to go straight to the source. Policies/regulations are NOT followed across the board.

[rebeccajo 14]

Yodrak,

I am sitting here in utter disbelief as I watch you sit there and contradict yourself.

First you tell ME to go read the FAM notes.

Then when I tell Matt to go to the CONSULATE website, you state that many readers mis-read info.

Eh?

.......And be careful about what's posted on web sites, because many web sites are not clear about distinguishing between K visas and immigrant visas. And when they are clear, many readers mis-read it. Just last week people were writing that I-864 is required in Mexico because the immigrant visa section of the consulate's web site says that I-864 is required for immigrant visas. But if you look at the K-visa sub-section of the immigrant visa section it clearly says I-134.

Yodrak

I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.

[Matt_Stevens 5]

OK, everyone calm down here. Relax. Take a breather.

There is good information here and I thank you all. I'm still confused on a lot of things. How am I to convince my parents to provide my fiance with their ORIGINAL birth certificates, which for all we know can be taken by the HCMC Consulate and never returned or lost?!

What the hell do they need the originals for?

MY original is LONG AGO LOST! I have none. Just a copy. So now what? Will they accept a new one (I can go to the town hall and get one).

I'm ready to have a heart attack.

[pax 0]

I doubt you will need originals of your parents' birth certificates; it doesn't say that you need those as originals. High-quality photocopies should suffice.

As far as your birth certificate goes, you should get a certified copy of your own birth certificate (I'm curious as to how you got a passport, or provided proof of your citizenship for the I-129F, without one). I think in most places, you can never get your actual, original birth certificate; what you can get is a certified copy from the issuing agency (in my case it was the Pennsylvania Department of Health, Vital Records Division).

[TracyTN 237]

OK, everyone calm down here. Relax. Take a breather.

There is good information here and I thank you all. I'm still confused on a lot of things. How am I to convince my parents to provide my fiance with their ORIGINAL birth certificates, which for all we know can be taken by the HCMC Consulate and never returned or lost?!

What the hell do they need the originals for?

MY original is LONG AGO LOST! I have none. Just a copy. So now what? Will they accept a new one (I can go to the town hall and get one).

I'm ready to have a heart attack.

You can order US birth certificates for a nominal fee, usually online (depends on the state, I'm sure). I would venture to say that most people at some point misplaced their 'original' birth certificate, or the 'original' one they have is one issued by the hospital(which often isn't acceptable). Hence the ability to order another one!

This way, your cosponsor could keep their 'original' copy and still send one issued by the state for the interview.

The birth certificates are not a huge issue. Certainly not one to fall to pieces over.

Edited March 20, 2006 by TracyTN

[Matt_Stevens 5]

As far as your birth certificate goes, you should get a certified copy of your own birth certificate (I'm curious as to how you got a passport, or provided proof of your citizenship for the I-129F, without one).

I got a passport years ago, long before I needed one, in hopes of one day needing it.

[rebeccajo 14]

Matt, first of all you need to know that the banter here between us eggheads is usually congenial. You'll figure us out - *smirk*.

That being said, I have just spent some time reading the I-134 instructions and can find NOWHERE therein that the sponsor is instructed to provide proof of citizenship beyond completing the questions in Section 1 of the affidavit. I do know that you will need such proof when you complete the I-864. Again, if HoChiMinh wants them at interview though, you better have them.

When you order certified copies of birth certs, you can always order more than one. We did this for myself, Wes and my co-sponsor. I think we ordered 3 of each. This was my security blanket for future use.

At all stages of I-129F, including the London interview stage, I submitted photocopies of all documents except the actual govt. forms that required a live signature. But I had true certified birth certs (as well as other original docs) on hand in case the CO wanted them. They did not.

I am flogging myself for having accidentally destroyed our I-134 form when Wes and I had our paper-shredding celebration after his AOS approval. Of course, the supporting docs were not shredded - I had moved those to the AOS package (which is really all you will need to do if you prepare the I-134 properly allowing of course that some docs will need an update due to passage of time - deep breath long sentence - sorry). I had intended to retain all docs not only for our records but also to help answer the questions of nice people such as yourself.

At AOS, I did file Wes' certified birth cert with the package, against the common wisdom of this board. But I also knew I had another on hand in case they 'lost' it.

I know you are probably reading ahead to AOS and that is good. If you prepare your I-134 to those stricter criteria, you are by natural courses making your life during that phase of immigration easier. But I also think you are getting them a bit muddled in your mind. Imagine that - it being difficult to digest this information...........

[Yodrak 7]

rebeccajo,

I don't see the contradiction. It's like you can lead a horse to water (an authoritative, or should be authoritative, source) but you can't be sure they'll drink (understand it correctly).

As for the consular web sites in particular, some are better than others. Some are clearer than others, some are more superficial than others.

Hey, if the web sites and the application package instructions were all well written and clear, the volume of traffic here on VJ would be cut in half, at least!

Yodrak,

I am sitting here in utter disbelief as I watch you sit there and contradict yourself.

First you tell ME to go read the FAM notes.

Then when I tell Matt to go to the CONSULATE website, you state that many readers mis-read info.

Eh?

.......And be careful about what's posted on web sites, because many web sites are not clear about distinguishing between K visas and immigrant visas. And when they are clear, many readers mis-read it. Just last week people were writing that I-864 is required in Mexico because the immigrant visa section of the consulate's web site says that I-864 is required for immigrant visas. But if you look at the K-visa sub-section of the immigrant visa section it clearly says I-134.

Yodrak

I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.

Agreed!

Matt, first of all you need to know that the banter here between us eggheads is usually congenial. You'll figure us out - *smirk*.

...

Yodrak

Edited March 21, 2006 by Yodrak

[rebeccajo 14]

The contradiction comes into play when you expect me to read (you are perhaps giving me credit that I will be able to 'drink') but you don't ask the same of a new member (hence assuming that he is unable to 'drink'). I'm not certain which one of us is getting credit for having brains, if indeed you are subscribing that to anybody.

I'm a BIG BIG BIG believer in leading the horse to water. Especially since there are SO MANY FACETS to this process which are country or consulate specific. We can sit here all day and spout regs but IF YOU READ THEM there is always that loophole, that grey area - and that particular shade of grey may be very important in one couples experience, where it is meaningless for another pair of lovebirds.

I want the new members to try and familiarize themselves, on their own, in the way it will best formulate the questions in their brain to fit their situation. Then I will try to use what I know to help them. But I will FOREVER try to tenderly remind them that London is not HoChiMinh is not Manilla is not Montreal.

rebeccajo,

I don't see the contradiction. It's like you can lead a horse to water (an authoritative, or should be authoritative, source) but you can't be sure they'll drink (understand it correctly).

As for the consular web sites in particular, some are better than others. Some are clearer than others, some are more superficial than others.

Hey, if the web sites and the application package instructions were all well written and clear, the volume of traffic here on VJ would be cut in half, at least!

Yodrak,

I am sitting here in utter disbelief as I watch you sit there and contradict yourself.

First you tell ME to go read the FAM notes.

Then when I tell Matt to go to the CONSULATE website, you state that many readers mis-read info.

Eh?

.......And be careful about what's posted on web sites, because many web sites are not clear about distinguishing between K visas and immigrant visas. And when they are clear, many readers mis-read it. Just last week people were writing that I-864 is required in Mexico because the immigrant visa section of the consulate's web site says that I-864 is required for immigrant visas. But if you look at the K-visa sub-section of the immigrant visa section it clearly says I-134.

Yodrak

I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.

Agreed!

Matt, first of all you need to know that the banter here between us eggheads is usually congenial. You'll figure us out - *smirk*.

...

Yodrak