Is the I-864 Redundant?

[HalAndOlive 5]

OK, I completed the I-129F 1.x years ago - along with the required I-134.

Now, my former K1 fiancee is here, we are married and I am completing the I-864.  Why?

Isn't this redundant?

 

The I-134 had all the information I am being asked for on the I864.

[Boiler 45,664]

One is enforceable the other is not

[Dashinka 24,593]

Read the fine print.  The I134 is not a binding affidavit of support, but the I864 is.  

[JeanneAdil 6,554]

Many reasons

I 134 only requires 100 % of poverty guidelines 

I 864 requires 125 %

u are bond to requirements of the I 864 for 10 years or until immigrant works 40 quarters 

this is new proof u still have income

 

[HalAndOlive 5]

I see. OK.  Seems to me an odd policy though; to admit someone, allow you to marry, and then, have a mechanism to pull the rug out from under later.  Seems that should be done up front.  But I appreciate the input.

[nastra30 2,288]

7 hours ago, HalAndOlive said:

I see. OK.  Seems to me an odd policy though; to admit someone, allow you to marry, and then, have a mechanism to pull the rug out from under later.  Seems that should be done up front.  But I appreciate the input.

So are you suggesting that the govt should rather have the enforceable I-864 be done up front instead of the I-134? 

That will be detrimental to the USC because if the fiance comes to the US and the marriage doesn't happen, the USC will still be liable for the I-864 (if the I-864 is updated for non-immigrant petitions).

Edited April 22, 2022 by nastra30

[Ontarkie 14,280]

~~Moved to AOS Family K1/K3 P&P, from K1 Visas P&P - the OP is past the visa stage~~

[JeanneAdil 6,554]

14 hours ago, HalAndOlive said:

I see. OK.  Seems to me an odd policy though; to admit someone, allow you to marry, and then, have a mechanism to pull the rug out from under later.  Seems that should be done up front.  But I appreciate the input.

seems to me that  only the couple can pull the rug out from under each other

as we have seen so many posts about divorce waivers to AOS

 

the AOS and ROC process is  needed to prove the income ,  the relationship is real and marriage took place in 90 days

on top of the fact many young couples could have birthed a child in the time and the income needed would increase /who could live on $18,300 as needed for the K1 for 2?

 

i think the alternative to doing away with AOS would be to do away with K1 visa and make all prove the 125% of poverty guidelines limit from the very beginning.

but then i would also like to do away with the joint sponsor 

 

[HalAndOlive 5]

On 4/22/2022 at 12:44 PM, JeanneAdil said:

seems to me that  only the couple can pull the rug out from under each other

as we have seen so many posts about divorce waivers to AOS

 

the AOS and ROC process is  needed to prove the income ,  the relationship is real and marriage took place in 90 days

on top of the fact many young couples could have birthed a child in the time and the income needed would increase /who could live on $18,300 as needed for the K1 for 2?

 

i think the alternative to doing away with AOS would be to do away with K1 visa and make all prove the 125% of poverty guidelines limit from the very beginning.

but then i would also like to do away with the joint sponsor 

 

I had to do an Affidavit of Support during the I-129 phase, and then another after.  It just seems to me that the first one should be a "final."

[HalAndOlive 5]

On 4/22/2022 at 5:19 AM, nastra30 said:

So are you suggesting that the govt should rather have the enforceable I-864 be done up front instead of the I-134? 

That will be detrimental to the USC because if the fiance comes to the US and the marriage doesn't happen, the USC will still be liable for the I-864 (if the I-864 is updated for non-immigrant petitions).

Sorry, I don't get that... How would it be detrimental to the USC?

[beloved_dingo 1,979]

13 minutes ago, HalAndOlive said:

I had to do an Affidavit of Support during the I-129 phase, and then another after.  It just seems to me that the first one should be a "final."

Considering the amount of time that elapses between the first and the second, many people's financial situations have changed considerably between the two (for better or worse). And as others have stated, the first is not enforceable and the financial requirements are lower. 

[nastra30 2,288]

1 hour ago, HalAndOlive said:

Sorry, I don't get that... How would it be detrimental to the USC?

Detrimental in the sense that if the fiancé comes to the US, and somehow the marriage does not happen at all and they decide to live in the US regardless. The USC will still be on the hook to the govt for I-864 affidavit of support because it's enforceable. Basically how would you feel if you become financial responsible for someone you never married.

Edited May 19, 2022 by nastra30

[JeanneAdil 6,554]

2 hours ago, HalAndOlive said:

I had to do an Affidavit of Support during the I-129 phase, and then another after.  It just seems to me that the first one should be a "final."

It is not final 

the I 134 is not the one saying the person makes 125% of poverty limits

it does not cover the years after the K1 fiancee gets here to prove the USC still has a job

it is not bond by the 10 year agreement as the I 864 is

On top of the fact that the poverty guidelines change each year so what you qualify for one year for the K1 it's not the same as it will be 2 years later at an AOS interview

it also would not cover the family size if the couple had a child within the waiting period for AOS interview 

there a big difference in showing 100% and 125% of the poverty guidelines especially when the family starts to grow / my 1st pregnacy was a set of twins

 

Using my circumstance for an example ONLY

 

 i would only need $18,310 for a family of 2 for the visa interview and at later for the AOS interview ,  i would have to show $34,687 (by 2022 standards which of course would be higher depending on the year i did an AOS interview)

Big difference between $18, 310  and $34, 687

 

I  should add by signing the I 864 and showing the tax returns for the year(s) after marriage according to the K1,  your returns would say married showing u actually followed thru with marriage after the immigrant cam and u are combining fiances whether its MFS or MFJ

Edited May 19, 2022 by JeanneAdil