I-134 or I-184?

[Simon quach 0]

I'm the petioner/sponsor for a K1 visa for my fiance in Vietnam. Should I use the I-134 or I-864 aff of support?   Or should I just fill out both to be on the safe side?

 

[geowrian 22,337]

K-1 uses the I-134.

 

AOS (after marrying in the US) will use the I-864.

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Quote

(b)  (U) 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:

(i)     (U) Returning resident applicants (SBs);

(ii)    (U) Diversity visa applicants (DVs); and

(iii)    (U) Fiancé(e)s (K-1s or K-3s).

 

Edited December 10, 2019 by geowrian

[Simon quach 0]

24 minutes ago, geowrian said:

K-1 uses the I-134.

 

AOS (after marrying in the US) will use the I-864.

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

 

[Simon quach 0]

So my fiance in Vietnam is considered a non-immigrant until we marry in the US?  Would it hurt if I filled out both forms just to be safe? 

26 minutes ago, geowrian said:

K-1 uses the I-134.

 

AOS (after marrying in the US) will use the I-864.

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

 

[geowrian 22,337]

2 minutes ago, Simon quach said:

So my fiance in Vietnam is considered a non-immigrant until we marry in the US?  Would it hurt if I filled out both forms just to be safe?

A K-1 is a non-immigrant visa. They would be traveling to the US as a non-immigrant (although with immigrant intent, which is allowed on a K-1 visa).

 

You can fill out both if you really want, but the I-864 is not applicable for a non-immigrant visa per their own FAM.

[Simon quach 0]

Thanks I appreciate your knowledge & quick response!

[Greenbaum 12,259]

8 hours ago, Simon quach said:

I'm the petioner/sponsor for a K1 visa for my fiance in Vietnam. Should I use the I-134 or I-864 aff of support?   Or should I just fill out both to be on the safe side?

 

This is what is required from most embassy's:

 

EVIDENCE OF SUPPORT: You must submit any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Visa petitioner (US Citizen) will have to complete form 1-134. If the petitioner does not qualify as a sponsor, a Joint-Sponsor should ALSO be presented (any US Citizen living in the US or Legal Permanent Resident), who will also have to complete form 1-134. Both, the Sponsor (Petitioner) as well as the Joint-Sponsor, will have to present last year's income tax return transcripts. W2 form and proof of current and sustainable income (e.g letter of employment on letterhead including salary and start date, most recent salary receipts, bank accounts, value of properties, etc.). You may download the 1-134 affidavit at: https://www.uscis.gov/i-134 Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.

 

Also, a little housekeeping is in order please. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks