JANUARY 2019 K-1 NOA2 ----> NVC

[itsjustcassiee 127]

7 minutes ago, DanielPlainview said:

Interesting, can you provide a few examples??

Sure. Recently, my step mom worked on a case from Thailand and the couple wasn't required to have the i-134. And there was another couple whose case she worked on from the Ukraine and they weren't required to submit one either. It can be asked for in any situation, but it isn't always requested. 

[DanielPlainview 368]

1 minute ago, itsjustcassiee said:

Sure. Recently, my step mom worked on a case from Thailand and the couple wasn't required to have the i-134. And there was another couple whose case she worked on from the Ukraine and they weren't required to submit one either. It can be asked for in any situation, but it isn't always requested. 

Can't speak to Ukraine, but Thailand definitely requires i-134 in addition to a copy of prior year tax return or transcript.

Based on the following excerpt from the US State Dept website, there may be embassies/consulates that do not specifically require i-134, but all require some evidence of financial support on a K-1.

 

Proof of Financial Support and Affidavit of Support Forms:  During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

[DanielPlainview 368]

apparently Ukraine is a good example where i-134 is not required.   This is the requirement from their website.

 

[itsjustcassiee 127]

2 minutes ago, DanielPlainview said:

apparently Ukraine is a good example where i-134 is not required.   This is the requirement from their website.

 

I'm just giving you the examples she gave me. I know it can be requested in any case, I was just telling you that the cases she's had recently, they haven't needed them. I was also just trying to get information on it because there isn't much information on what the embassy in Iceland will require and my fiancé and I are trying to get all of our documents in order. I also know that we will need a joint sponsor because I didn't make enough money last year to qualify on my own, so I'm planning ahead. 

[DanielPlainview 368]

6 minutes ago, itsjustcassiee said:

I'm just giving you the examples she gave me. I know it can be requested in any case, I was just telling you that the cases she's had recently, they haven't needed them. I was also just trying to get information on it because there isn't much information on what the embassy in Iceland will require and my fiancé and I are trying to get all of our documents in order. I also know that we will need a joint sponsor because I didn't make enough money last year to qualify on my own, so I'm planning ahead. 

Yes, I see what you mean.   Iceland does not have any the clear instructions like others I've seen...........they refer you back to the instructions on the main State Dept website.   Just my opinion, but the i-134 seems quite comprehensive, particularly when you also include tax transcripts, for you and your co-sponsor.   I think you'd be fine with that.   Greenbaum is always helpful, and will likely provide you with his outstanding guidance.

[itsjustcassiee 127]

Just now, DanielPlainview said:

Yes, I see what you mean.   Iceland does not have any the clear instructions like others I've seen...........they refer you back to the instructions on the main State Dept website.   Just my opinion, but the i-134 seems quite comprehensive, particularly when you also include tax transcripts, for you and your co-sponsor.   I think you'd be fine with that.   Greenbaum is always helpful, and will likely provide you with his outstanding guidance.

I was just sorta planning on doing it anyway. My mom will likely be our co/joint sponsor and she has the necessary income and meets the other requirements. I just wanted to get some input since everyone I've seen so far has said they needed the I-134 but my step mom has said she's never seen it be required for cases she's worked. Just trying to find the facts for our particular situation. 

[Greenbaum 12,258]

6 hours ago, Loo1 said:

can i ask, being completely over prepared for all eventualities at the interview, my fiance and i are preparing the affidavit of support, the i-134 form we tried to download said it expired in November 2018 so we have filled out the i-864, is this correct or should we be filling out the i-134 even with the expiry date on the top? 

Yes the 11/30/2018 is still the current form to use. I always recommend that you get your forms from the OFFICIAL government website. Getting it from somewhere else can at times give you the wrong form and cause a RFE or 221(g). Government website forms are ALWAYS the most current that they will accept. Most times their is a grace period whereupon you can continue to use the "expired" form but usually only equates to a few months. With it be expired I would recommend waiting till you are out about 30 days and then return to the government website (https://www.uscis.gov/i-134) and secure the latest copy.

 

The I-864 is not used at this stage of the interview process it is only used when filing your AOS package after marriage.

Edited February 11, 2019 by Greenbaum

[itsjustcassiee 127]

10 minutes ago, DanielPlainview said:

 

Dunno why it won't let me post a reply without quoting you, but on a different note, I'm so hoping our case arrives at the NVC this week! Our NOA2 date is the 26th (that's what the paper says, though every time I call USCIS, they say the 28th) and I'm hoping it gets there in time to make it into the batch on the 19th!

[Greenbaum 12,258]

2 hours ago, itsjustcassiee said:

Has anyone not needed the i-134? My step mom works for an immigration lawyer and she said she's never seen a case where they had one. But I see so many people on here who do need it, so I'm just curious. 

Most embassies require it. Some do not. If your embassy requires it, it will be stated in the P3 letter. The Philippines "suggest" to have it at the interview but rarely do they ask for it but they have asked for it in some cases.

 

Here is the official word from USCIS:

 

Proof of Financial Support and Affidavit of Support Forms

 

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

 

I highlighted the phrase "may request" which leads us to believe sometimes yes and sometimes no. IMHO it's best to complete the I-134 and have with the beneficiary at the interview.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#8

[itsjustcassiee 127]

Just now, Greenbaum said:

Most embassies require it. Some do not. If your embassy requires it, it will be stated in the P3 letter. The Philippines "suggest" to have it at the interview but rarely do they ask for it but they have asked for it in some cases.

 

Here is the official word from USCIS:

 

Proof of Financial Support and Affidavit of Support Forms

 

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

 

I highlighted the phrase "may request" which leads us to believe sometimes yes and sometimes no. IMHO it's best to complete the I-134 and have with the beneficiary at the interview.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#8

That's what we were leaning towards! I just wanted to get some extra input! I appreciate all the information!

[Greenbaum 12,258]

4 hours ago, Loo1 said:

is there somewhere i can download the form that doesn't have the expiry date in November? 

This is the only one we can seem to find and it says it expires on November 30th 2018: https://www.uscis.gov/sites/default/files/files/form/i-134.pdf

Always use the for that is provided at the OFFICIAL website as it will always be the latest form regardless of the expiry date. So having said that, the 11/30 form is the one you continue to use. For more information see my post above.

[Greenbaum 12,258]

1 hour ago, itsjustcassiee said:

Sure. Recently, my step mom worked on a case from Thailand and the couple wasn't required to have the i-134. And there was another couple whose case she worked on from the Ukraine and they weren't required to submit one either. It can be asked for in any situation, but it isn't always requested. 

This is a tricky subject because there isn't a hard fast rule as there has been in the past. Why embassy's are getting away from not requiring this form, I am not able to answer to that. BUT, again some do require it and some don't. Most have it in their P3 letters but don't always ask for it.

 

1 hour ago, DanielPlainview said:

Can't speak to Ukraine, but Thailand definitely requires i-134 in addition to a copy of prior year tax return or transcript.

Based on the following excerpt from the US State Dept website, there may be embassies/consulates that do not specifically require i-134, but all require some evidence of financial support on a K-1.

 

Proof of Financial Support and Affidavit of Support Forms:  During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

To address Daniel's rebuttal he is right that Thailand ask for the I-134 and it can be found in the P3 letter for Thailand. Here is the excerpt:

 

EVIDENCE OF FINANCIAL SUPPORT : The petitioner must present evidence that neither the applicant nor any dependent children (if applicable) will become a public charge in the United States. A Form 1-134. Affidavit of Support signed by the petitioner must be submitted with his or her 1RS tax transcript (NOT his or her 1040 Tax Returns). The petitioner’s income must meet the Poverty Guidelines. More instructions on how to file the form 1-134 can be found here.

• If your petitioning fiancé(e) submitted a Form 1-134 with your petition over one year before your interview date, it must be updated and include his or her tax transcript (NOT his or her 1040 Tax Returns).

 

I'm highlighting the portion of the request in red. So I go back to my statement that I made to you above. Some do and some don't require it and if they do some do and some don't ask for it at the interview.

[itsjustcassiee 127]

1 minute ago, Greenbaum said:

This is a tricky subject because there isn't a hard fast rule as there has been in the past. Why embassy's are getting away from not requiring this form, I am not able to answer to that. BUT, again some do require it and some don't. Most have it in their P3 letters but don't always ask for it.

 

To address Daniel's rebuttal he is right that Thailand ask for the I-134 and it can be found in the P3 letter for Thailand. Here is the excerpt:

 

EVIDENCE OF FINANCIAL SUPPORT : The petitioner must present evidence that neither the applicant nor any dependent children (if applicable) will become a public charge in the United States. A Form 1-134. Affidavit of Support signed by the petitioner must be submitted with his or her 1RS tax transcript (NOT his or her 1040 Tax Returns). The petitioner’s income must meet the Poverty Guidelines. More instructions on how to file the form 1-134 can be found here.

• If your petitioning fiancé(e) submitted a Form 1-134 with your petition over one year before your interview date, it must be updated and include his or her tax transcript (NOT his or her 1040 Tax Returns).

 

I'm highlighting the portion of the request in red. So I go back to my statement that I made to you above. Some do and some don't require it and if they do some do and some don't ask for it at the interview.

I'm curious, if you're only required to show that you can support them, are the income requirements the same?

[Greenbaum 12,258]

1 minute ago, itsjustcassiee said:

I'm curious, if you're only required to show that you can support them, are the income requirements the same?

Income requirements compared to whom. Any two embassy's?

[itsjustcassiee 127]

Just now, Greenbaum said:

Income requirements compared to whom. Any two embassy's?

Compared to the minimum requirement according to the I-134.