K-1: Affidavit of Support I-864 or I-134?

[Aaron&Clari 1]

Hello,

 

I've an interview for my K-1 in London coming up and on my document checklist that I was sent by the embassy, they require I bring along an affidavit of support Form I-864. However, I thought that form was for adjustment of status and that I-134 was for K-1? I was also told by an immigration lawyer (of a very respected immigration law firm in the US) that an affidavit of support is not a requirement for K-1 (though it is often submitted) - which seems sense to hold truth, since K-1 is for marriage to a US citizen in the US and does not give right to permanent residency, only as a way for adjustment of status to permanent residency, etc. (i.e. there is the possibility of married couples through K-1 not staying in the US, but moving back to the beneficiary's home country straight after). I cannot see why an affidavit of support is a requirement for the interview stage, especially before another affidavit of support is required at the stage of adjustment of status.

 

As my fiancée, the US citizen petitioner, is not yet an immediate relative or spouse, the wording that they give seems to be for other K visas, spouse visas and immediate family visas: "submitted for immediate relative and family-based applicants". The link to the page, in which this is found, is the following: Appointment Notification | U.S. Embassy & Consulates in the United Kingdom (usembassy.gov) - this is also the page stating that Form I-864 is required (there is no mention of Form I-134).

 

So, could anyone please clarify which it is for the K-1 interview: I-864? I-134? Or neither?

 

Thank you for your time and assistance!

[powerpuff 5,900]

It’s form I-134. Have the petitioner fill it out, send to the beneficiary, he/she prints it out and brings to the interview.

[Arsalan111 28]

27 minutes ago, powerpuff said:

It’s form I-134. Have the petitioner fill it out, send to the beneficiary, he/she prints it out and brings to the interview.

Isn’t it needs to be original ? With black ink signed? I think petitioner needs to DHL it 

[powerpuff 5,900]

Just now, Arsalan111 said:

Isn’t it needs to be original ? With black ink signed? I think petitioner needs to DHL it 

No 

[Aaron&Clari 1]

Thank you. It does seem that I-134 is the form for the interview, but it really is not made clear on any official website I can find.

 

I understand it can be e-mailed and thus it can be a dry signature by the petitioner?

 

From what I have read, what supporting documents are needed include payslips (all covering the previous 12 months or just the most recent?); the most recent tax return form; and anything else?

 

Thanks again.

 

 

[Arsalan111 28]

14 minutes ago, powerpuff said:

No 

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-134-affidavit-support-help-us-visa-applicant.html
it needs her original with black ink signed.

read at the end of the article it states that they might reject email or faxed ones

 

[powerpuff 5,900]

11 minutes ago, Arsalan111 said:

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-134-affidavit-support-help-us-visa-applicant.html
it needs her original with black ink signed.

read at the end of the article it states that they might reject email or faxed ones

 

It does not need to be original ink. How did I pass my interview then?

 

Here’s official memo from USCIS policy manual: “A signature is valid even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced. Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified. The regulations do not require that the person signing submit an “original” or “wet ink” signature on a petition, application, or other request to USCIS.”

https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2
 

It was further relaxed by COVID-19:

”USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency”

https://www.uscis.gov/news/alerts/uscis-announces-flexibility-in-submitting-required-signatures-during-covid-19-national-emergency

 

Now, onto OP’s questions:

23 minutes ago, Aaron&Clari said:

I understand it can be e-mailed and thus it can be a dry signature by the petitioner?

yes

 

23 minutes ago, Aaron&Clari said:

From what I have read, what supporting documents are needed include payslips (all covering the previous 12 months or just the most recent?); the most recent tax return form; and anything else?

Every consulate is different, but here’s what we included. Petitioner’s letter of employment stating his position, date when he started working there and annual salary (gross pay), about 4-5 paystubs (he gets weekly paystubs), most recent tax transcript. No questions regarding evidence, we were approved on that day. 

Edited June 18, 2021 by powerpuff

[Aaron&Clari 1]

Thank you for the information. I have also noticed that the most recent form I could find on the USCIS website “expires” on the 28 February 2021, according to the version details in the top-right corner of the form… was this the same form you used?

[payxibka 10,044]

1 hour ago, Arsalan111 said:

Isn’t it needs to be original ? With black ink signed? I think petitioner needs to DHL it 

You think wrong 

[payxibka 10,044]

19 minutes ago, Aaron&Clari said:

Thank you for the information. I have also noticed that the most recent form I could find on the USCIS website “expires” on the 28 February 2021, according to the version details in the top-right corner of the form… was this the same form you used?

They go by the edition date in bottom left corner.   OMB expiration is meaningless. 

[SalishSea 16,770]

1 hour ago, Arsalan111 said:

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-134-affidavit-support-help-us-visa-applicant.html
it needs her original with black ink signed.

read at the end of the article it states that they might reject email or faxed ones

 

Incorrect.  Please do not cite unofficial sources.

[Aaron&Clari 1]

18 minutes ago, payxibka said:

They go by the edition date in bottom left corner.   OMB expiration is meaningless. 

Thanks. The date provided is 13 February 2019. Since I will be handing this into the officials at my interview, I hope my explanation of this will be understood and accepted!

[payxibka 10,044]

1 minute ago, Aaron&Clari said:

Thanks. The date provided is 13 February 2019. Since I will be handing this into the officials at my interview, I hope my explanation of this will be understood and accepted!

https://www.uscis.gov/i-134

 

What's to explain?  Follow link.  Scroll and click on current edition date. 

[Aaron&Clari 1]

1 minute ago, payxibka said:

https://www.uscis.gov/i-134

 

What's to explain?  Follow link.  Scroll and click on current edition date. 

I’m hoping there is nothing to explain and they know this and I’ll show them the page if they raise questions. I’m hoping those interviewing me will not be so pedantic on stuff like this. I have heard London is easy going, so I’m sure it’s going to be fine!

[Arsalan111 28]

1 hour ago, Aaron&Clari said:

I’m hoping there is nothing to explain and they know this and I’ll show them the page if they raise questions. I’m hoping those interviewing me will not be so pedantic on stuff like this. I have heard London is easy going, so I’m sure it’s going to be fine!

Ask your embassy 

 

1 hour ago, Jorgedig said:

Incorrect.  Please do not cite unofficial sources.

I agree. So he/she better ask their embassy.