bahiabrazil

Thanks Yodrak for your help! I pretty much understand it now. . You are right the petitioner must be the primary sponsor for form I-864.. .. But anyway, I'm hoping to get a job before I prepare the I-134 just in case. But I will follow your advice regarding what happens (job or no job situation) by the time my wife gets her interview.

If anyone has gone thru a consulate interview which as the petitioner was not the sponsor on form I-134, please share that experience. Thanks.... peace & love!!

I have read somewhere that the sponsor must be the person who filed the petition.

I would assume that this includes the I-134 form as well? Has anyone processed their K3 visas and submitted the affidavit with another sponsor other than yourself the petitioner? Thanks!

Thanks for this info. It sure cleared up my confusion. However, it doesn't mention who can sign the I-134? Does the petitioner need to do it or anyone?

Are we talking about Afidavit of support form required at the K-3 visa interview or Affidavit of support needed for Adjustment of status in the states?

If for visa interview you need to do I-134 form for K-3 visa, I-864 is only for CR-1 visa or adjusting status in the states. I-864 is for GREEN-CARD.

This is the rule for Affidavit of support.

I-134 is for Non-Immigrant visas (K-1 and K-3) visas that do not result directly in a Green-card.

I-864 is for immigrant visas or AOS, (IR-1, CR-1) visas that directly result in a Green-Card being issued.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)(c ) and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. 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:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR).

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the manual that the consular officers are required to follow)

Yodrak:

After re-reading over and over your comments, I DO NOT NEED to fill out the I-134 as the petitioner??? Would that raise a red flag at the consulate? Regardless, then if you are right, I have less pressure and stress for finding a job quickly!!?? Then I should have stayed in Brazil with my wife and wait with her longer, then.. lol.. no really, i'm back to find a job which i really need!..

And how about after filing for the AOS? Then, I should be filling out the I-864 with a co-sponsor?

Thanks for all your responses!! I am not sure why I don't get notification when someone post a reply but anyway, I'll check back here again.

Yodrak: Thanks, that was helpful. I just got back from Bahia and I am looking for a job. But for sure, I will have my Dad sign the I-134. And I also plan on signing one as well when I get a job. Should that be ok? Cause I hear that the petitioner has to be the primary sponsor regardless if they have a co-sponsor or not. I understand that I need any job and have a co-sponsor for the additional help. Don't you still need the tax forms sent with the I-134 ?

Mona Lisa: Yes, please let us know when you get the package!!! Do you know if the NVC sent the package to Rio yet and if they received it yet?

It depends. What is more important for both of you? To be quickly united or to get the green card and avoid adjustment of status? There are other PROs and CONs from what I read as well beside the longer wait time for the I-130 process.

Anyway, since you got both petitions approved, the I129F will be processed first with the NVC and sent to the consulate to arrange for more docs and interview. As everyone says, there's still more to go... but great to hear approvals!!!! best of luck!

There could be several factors that can make the I-130 process longer (i.e. Depending what Consulate you go through, etc.) . I just got our I-130 and I-129F (K3) approved on 02-28-07; and the K3 package is been forwarded to NVC for processing (which still can take a couple of months to be sent to the Rio Consulate).

From what I read and researched, K3 was supposed to be quicker, however, both were approved at the same time! So since the I-130 is been held here in the US, and the K3 is been forwarded to the RIO consulate, I will continue with that route instead of filing for the I-130 to be transferred to Rio and can delay the whole process process.

I contacted the Rio consulate, they said that which ever petition arrives first, they will process that one. Unless, we contact them and ask them to wait for the I-130 petition. Contact the US consulate where you are supposed to do your interview to find out the processing time. Rio consulate is a max. of 45 days from the time they receive the package from NVC for example.

P.S. Rio consulate = US Consulate in Rio

Again, if you are interested in filing for the K3, people usually send it out right after receiving the NOA1 for the I-130 petition. That's the only way to file a K3 petition is with the NOA1 for the I-130!

By the way, when did you send in your K3 petition? And when did you get it approved (when did you receive the NOA2)? Thanks!!

Good luck and congrats!!!

I don't think your baby will affect much the visa petition, however, it will show that you and your wife are both in a real relationship. I believe a certified translated birth certificate showing the parents should be enough to prove she's your baby. And yes, you need to file some docs for her to get the USC status. I don't know which neither.

Ok. Thanks for clearing this up. I thought I read somewhere for the Rio, Brazil, US Consulate there that they needed the I-864 even for the K3 petition. I'll do more in-depth research on that to see if i find anything.

Ok, so regarding my previous question, does the I-134 have a co-sponsor there and if yes, should the co-sponsor sign? And does my step mom need to sign as well because they file joint tax return but just my dad's income is sufficient to cover his wife, myself and my spouse as well. Thanks!

Our i-129F and i-130 has been approved. My wife is in Brazil waiting for the K3 processing and consulate interview, NVC has the i-129F (K3). No words as of yet. Thanks for all ur replies so far!!

I'm about to get the I-864 ready for the K3 and will need a co-sponsor which will be my dad only, which will be enough to meet the requirements (both working by the way). My dad and step mom file joint returns. Do I need both of them to be co-sponsor (dad & step mom) to sign and be the co sponsor, or can i just use my dad as a co sponsor?

I will send all irs returns / transcript for my dad & step mom (joint filling) but only have my dad co sponsoring... is this confusing? any one knows or had experienced this? Thanks!

That sounds right .. you probably needed to file your i-130 first.. after receiving the NOA, you can go ahead and send your i-129F (K3) petition with the NOA copy to get process if you still want. Good luck!

It should be coming pretty soon.. our 129f was transferred to CSC on 01-05-07 and was approved 02-28-07... still have to wait to hear from NVC then consulate interview... good luck!!

Great !! Congrats to the both of you! Great story you got there!

Didn't you get a list of the required documents to prepare and bring? Where is that list?

You definitely need a co sponsor or a LARGE savings in your bank account. Regardless of how much you make an hour if you do not reached the 125% poverty guideline PER YEAR, it won't matter to them. I don't think a lawyer will help you much at this point in time...they'll just take your money and tell you the same thing here... Good luck!

That's great! !My i-129F (K3) was also transferred to CSC in the same manner.. NOA1 transferred on 01-05-07, and as of today 03-01-07, it was approved good luck!