I-364 vs. I-864

[wbrettleo]

I just got engaged to my SO last saturday in Beijing and now I am nearly ready to send in my initial K-1 fiancee visa package. However, I have a question regarding the I-364 vs. I-864. I am single, never married, no children and she is single, never married, no children.

 

 

1st question

 

 

Will I only need to do an I-364 (in the future) or will I also need to provide an I-864 later as well?

 

Also, I only plan to use my income as proof of support. But along with my tax return are a few 1099 forms (one for dividends from 401k, one for a small hardship loan that I took out last year to do a plumbing repair) and my mortgage interest statement.

 

 

2nd questions

 

Because the 1099 forms are to be included with the I-364, will I be required to list 401k info on my I-364? Also, will the 1099R for a 1,000 hardship loan affect my financial standing with this process?

 

3rd question

 

And finally, my mortgage interest is listed on my tax return. Will the person reviewing my case look at my income in relation to the amount of my interest paid or house payment?

 

Thank you for any advice you can give. I am excited to begin this process but at times the questions seem a bit daunting.

[warpedbored]

I think you mean the I-134 affidavit of support vs I-864 affidavit of support. You won't need to worry about either one of them until just before interview. Since you are filing for a fiancee visa you won't need to worry about the I-864 until she is here and you are married. Right now you need to file an I-129 F petition for fiancee visa and a G-325-A biographic. Neither of these documents deal with income.

[wbrettleo]

I think you mean the I-134 affidavit of support vs I-864 affidavit of support. You won't need to worry about either one of them until just before interview. Since you are filing for a fiancee visa you won't need to worry about the I-864 until she is here and you are married. Right now you need to file an I-129 F petition for fiancee visa and a G-325-A biographic. Neither of these documents deal with income.

 

 

Yes, I was asking about the I-364 and I-864 for future steps. I did complete an I-129F and we (fiancee and I) both completed the G-325A when we were together in Beijing last week. I will mail out everything regarding the I-129F and G-325A later this upcoming week. Thank you for clarifying that the I-864 will come later on.

Edited October 1, 2006 by wbrettleo (see edit history)

[LeeFisher3]

I think you mean the I-134 affidavit of support vs I-864 affidavit of support. You won't need to worry about either one of them until just before interview. Since you are filing for a fiancee visa you won't need to worry about the I-864 until she is here and you are married. Right now you need to file an I-129 F petition for fiancee visa and a G-325-A biographic. Neither of these documents deal with income.

 

 

Yes, I was asking about the I-364 and I-864 for future steps. I did complete an I-129F and we (fiancee and I) both completed the G-325A when we were together in Beijing last week. I will mail out everything regarding the I-129F and G-325A later this upcoming week. Thank you for clarifying that the I-864 will come later on.

Just to help clarify things a bit more on the affidavit of support, if your income alone meets the requirements for either of the forms used, then use income alone. They have many ways shown on these forms to meet the requirements, but you are not required to use more than what meets requirements.

 

I might suggest using tax transcripts instead of tax returns, the tax returns require you to send the supporting schedules and W-2s where the tax transcripts will stand on their own.

 

Once she is here you might want to use the I-864EZ for your Adjustment of Status, it's much easier to complete and it sounds like you fit into the category to be able to use it.

[rosyanne]

I just got engaged to my SO last saturday in Beijing and now I am nearly ready to send in my initial K-1 fiancee visa package. However, I have a question regarding the I-364 vs. I-864. I am single, never married, no children and she is single, never married, no children.

 

 

1st question

 

 

Will I only need to do an I-364 (in the future) or will I also need to provide an I-864 later as well?

 

Also, I only plan to use my income as proof of support. But along with my tax return are a few 1099 forms (one for dividends from 401k, one for a small hardship loan that I took out last year to do a plumbing repair) and my mortgage interest statement.

 

 

2nd questions

 

Because the 1099 forms are to be included with the I-364, will I be required to list 401k info on my I-364? Also, will the 1099R for a 1,000 hardship loan affect my financial standing with this process?

 

3rd question

 

And finally, my mortgage interest is listed on my tax return. Will the person reviewing my case look at my income in relation to the amount of my interest paid or house payment?

 

Thank you for any advice you can give. I am excited to begin this process but at times the questions seem a bit daunting.

 

I will try to answer...

 

1. You could file one I-134 alone with your application if you wish to, it doesn't hurt but you don't have to until your fiancee's interview in GZ. Once she got her visa and enters in America, you need to get a I-864 when you perpare for her adjustment of status.

 

When it comes to evidences, any evidences, i always believe the more the better.

 

2. I believe the forms are just statements, which means they will not affect you financially.

 

3. They only care about if you have enough money to support her. They don't look much deeper than that I think.

 

Hope it helps.

[LeeFisher3]

I will try to answer...

 

1. You could file one I-134 alone with your application if you wish to, it doesn't hurt but you don't have to until your fiancee's interview in GZ. Once she got her visa and enters in America, you need to get a I-864 when you perpare for her adjustment of status.

 

When it comes to evidences, any evidences, i always believe the more the better.

 

2. I believe the forms are just statements, which means they will not affect you financially.

 

3. They only care about if you have enough money to support her. They don't look much deeper than that I think.

 

Hope it helps.

The I-134 is where too much evidence can cause problems. The VO can ask for an independent evaluation of the value of the asset. I believe one person was asked to have their property appraised and the appraisal certified, which cost a few hundred dollars and a bunch of time. The sad part was their income alone was more than enough.

 

Remember, if you provide something to the VO they can ask ANY question about it they desire. So why give them the ability to ask questions than the beneficiary is not able to answer?

[wbrettleo]

Thanks, everyone for all of your advice. It is very much appreciated.