I-134 Validity period

[Richard Crook 0]

Hello,

 

Me and my fiancee are scheduling the interview at the Consulate in Rio (Brazil). 

 

Regarding a Joint Sponsor filing a I-134, what is the time in which a I-134 for the purpose of a K1 non-immigrant visa valid? Does the validity expire after the 90 days in which myself and my fiancee get married and file for Adjustment of Status? Does the I-864 supersede the I-134 making the I-134 invalid? Also, when does the I-134 become effective?

[Ben&Zian 4,397]

7 minutes ago, Richard Crook said:

Hello,

 

Me and my fiancee are scheduling the interview at the Consulate in Rio (Brazil). 

 

Regarding a Joint Sponsor filing a I-134, what is the time in which a I-134 for the purpose of a K1 non-immigrant visa valid? Does the validity expire after the 90 days in which myself and my fiancee get married and file for Adjustment of Status? Does the I-864 supersede the I-134 making the I-134 invalid? Also, when does the I-134 become effective?

 

The I-134 is not legally binding. So technically the co-sponsor isn't even on the "hook" financially, nor is there really a validity date to it at all.

 

Now as to the I-864, which is 125% the poverty guideline, that is legally binding, so yes in a sense it will override the I-134, and the co-sponsor is on the hook legally for it.

[geowrian 22,335]

The I-134 lost meaning the moment the K-1 visa was issued.

[Richard Crook 0]

Hey thanks for the responses! So im aware that the form isnt legally binding, i found the proof in writing in "INS 212". But i was never able to find how long the form is valid for. because there is still a moral obligation meaning that my co-sponsor could still hypothetically be sued by a non government entity, or my fiancee at some point. I need to give him written proof that the form is invalid after either the 90 days, after the adjustment of status is filed with the I-864, or is completely safe from being sued from anyone. 

[geowrian 22,335]

24 minutes ago, Richard Crook said:

Hey thanks for the responses! So im aware that the form isnt legally binding, i found the proof in writing in "INS 212". But i was never able to find how long the form is valid for. because there is still a moral obligation meaning that my co-sponsor could still hypothetically be sued by a non government entity, or my fiancee at some point. I need to give him written proof that the form is invalid after either the 90 days, after the adjustment of status is filed with the I-864, or is completely safe from being sued from anyone. 

As noted, the I-134 is not legally binding. There is not a case of somebody successfully suing for support under the I-134, or for the government reclaiming funds used for means tested benefits based on an I-134.

A moral obligation is only that - not legally enforceable.

 

See also this from USCIS:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

 

And this thread:

 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.