Which affidavit of support form ??

[rogerinca]

In anticipation of receiving my P-2 and the list of doc¡¯s to send on to my wife; I guess I have missed this nuance, as I do not have the answer to this one !!

 

VJ is not clear as to which Affidavit of Support form to use¡­.I-134 or I-864, for a K-3(4) application ?? They indicate that it varies from Consulate to Consulate. Is GUZ requiring the I-134 form ??

 

Also, as this form is not submitted at the time the I-130 or I-129f is mailed, is the interview the first time GUZ will see it ?? And, is it collected from the beneficiary at the time of the interview ??

 

I seem to recall some cases, wherein it is not looked at during the interview.....is that true ??

[dnoblett]

I-864 is for GREEN-CARD either by AOS from K-1 or K-3 (IN USA) or CR-1 at the consulate.

 

I-134 is for K-1 or K-3 visa at the consulate.

 

From the foreign affairs manual, instruction book used by all consulates.

 

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant (CT:VISA-823; 07-14-2006)

 

Since K-1 (fianc¨¦(e) of a U.S. citizen) and K-2 (child of the fianc¨¦(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).

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

[rogerinca]

Dan, always so quick with the information !! Thank you !!

 

For some reason, I missed this tidbit of info along the way !!??

[rogerinca]

In anticipation of receiving my P-2 and the list of doc¡¯s to send on to my wife; I guess I have missed this nuance, as I do not have the answer to this one !!

 

VJ is not clear as to which Affidavit of Support form to use¡­.I-134 or I-864, for a K-3(4) application ?? They indicate that it varies from Consulate to Consulate. Is GUZ requiring the I-134 form ??

 

Also, as this form is not submitted at the time the I-130 or I-129f is mailed, is the interview the first time GUZ will see the I-134 ?? And, is it always collected from the beneficiary at the time of the interview ??

 

I seem to recall some cases, wherein it is not looked at during the interview.....is that true ??

 

 

Two things: First, I just realized I did not get an answer to the second part of my question (above) ??

 

Also, do I need two I-134's one for Lao Po and one for daughter ??

 

This language on VJ was confusing to me: "A separate affidavit must be filed by the sponsor for each person." The form has a space for the daughter's info. So why would two forms be necessary ??

 

Thanks !!

[david_dawei]

For K# cases, the interview is the first time the consulate/VO might see it.. only if they ask for it.

 

Yes, a I-134 for 'each person'... you'll pay two visa fees and two medical exams.. they are two immigrants...

 

think of it as a truck pulling a trailer at the start of the process.. now they are going to inspect the truck separate from the trailer, but the trailer is owned by the truck owner... so the trailer can cross the border [ocean] only by the truck

[chilton747]

For K# cases, the interview is the first time the consulate/VO might see it.. only if they ask for it.

 

Yes, a I-134 for 'each person'... you'll pay two visa fees and two medical exams.. they are two immigrants...

 

think of it as a truck pulling a trailer at the start of the process.. now they are going to inspect the truck separate from the trailer, but the trailer is owned by the truck owner... so the trailer can cross the border [ocean] only by the truck

Only David could come up with this

[rogerinca]

For K# cases, the interview is the first time the consulate/VO might see it.. only if they ask for it.Yes, a I-134 for 'each person'... you'll pay two visa fees and two medical exams.. they are two immigrants...

 

think of it as a truck pulling a trailer at the start of the process.. now they are going to inspect the truck separate from the trailer, but the trailer is owned by the truck owner... so the trailer can cross the border [ocean] only by the truck

 

With respect to issue #1: This was my recollection.....many members before, stating that "they didn't even look at my I-134 during the interview" !!

 

Accordingly, this tells me that IRS is plugged into the investigative process along the 6-7-8 month long path from the Service Center, to

NBC, to NVC, to GUZ. They already have access to one's overall tax status, I am sure, as in spotting those who have not filed in a few years, etc. (LOL) and also those who on the cursory check appear not to meet minimum income levels ?? They then have the appropriate box checked on the case file for the VIO in GUZ to follow up on the issue, only if necessary or questionable.

 

With respect to issue #2: I will have to think about the truck/trailer analogy a bit longer ??? LOL There are two visas, one a K-3 and the other a K-4, so there are two I-134's (duplicates in essence) just as there are two I-130's. I don't know why one I-134 would not work, with the child listed within, just as there is only one I-129f, for both Mother and child ???

 

This stuff can make one go crazy after awhile !!!!

[SirLancelot]

 

Accordingly, this tells me that IRS is plugged into the investigative process along the 6-7-8 month long path from the Service Center, to

NBC, to NVC, to GUZ. They already have access to one's overall tax status, I am sure, as in spotting those who have not filed in a few years, etc. (LOL) and also those who on the cursory check appear not to meet minimum income levels ?? They then have the appropriate box checked on the case file for the VIO in GUZ to follow up on the issue, only if necessary or questionable.

 

 

 

Hi Roger, I'm not sure about your conclusions on this. You could be right, but if IRS is really plugged into all this, then why would GUZ/DoS even ask for us to submit IRS tax returns? Why doesn't DOS directly pull our info from DoT? I suspect DOS does NOT have authority to automatically pull our info from DOT/IRS.

 

Anyway, I have no insider info and am only guessing as well.

 

For my wife's interview, her VO did NOT request to see my I-134. I was highly disappointed as I spent so much time on that. Had I known the VO wouldn't have asked to see my I-134, I wouldn't have even bothered with it.

[david_dawei]

Don't confuse non-immigrant petitions (I-129F, allows the truck to pull the trailer) with an application for visa (DS-230, where separate applications occur and fees, which is when the truck and trailer get separated).

 

When in doubt, read the instructions.. the I-134 says for 'each person'... each immigrating person...

[david_dawei]

 

Accordingly, this tells me that IRS is plugged into the investigative process along the 6-7-8 month long path from the Service Center, to

NBC, to NVC, to GUZ. They already have access to one's overall tax status, I am sure, as in spotting those who have not filed in a few years, etc. (LOL) and also those who on the cursory check appear not to meet minimum income levels ?? They then have the appropriate box checked on the case file for the VIO in GUZ to follow up on the issue, only if necessary or questionable.

 

 

 

Hi Roger, I'm not sure about your conclusions on this. You could be right, but if IRS is really plugged into all this, then why would GUZ/DoS even ask for us to submit IRS tax returns? Why doesn't DOS directly pull our info from DoT? I suspect DOS does NOT have authority to automatically pull our info from DOT/IRS.

I tend to agree with this.. DOS cannot tell you what to do about your taxes, other than submit them (or an explanation for why you didn't).

 

I've seen some trend on CFL which appears to imply that a VO can tell you to file taxes; I don't believe this is technically correct, they have no authority over your tax filing.

 

Certainly they can ask for taxes but not demand you file.. certainly they can refuse a visa without proper documentation they have asked for.. but they have accepted written explanations (income was too low) and a co-sponsor...

[Obie]

Don't confuse non-immigrant petitions (I-129F, allows the truck to pull the trailer) with an application for visa (DS-230, where separate applications occur and fees, which is when the truck and trailer get separated).

 

When in doubt, read the instructions.. the I-134 says for 'each person'... each immigrating person...

 

Wow....even when I think I have it all under control.....something else seems to pop up. I need to make another I-134 for her son. I guess I better get started.

 

Thanks to OP and David.

 

Obie

[rogerinca]

Don't confuse non-immigrant petitions (I-129F, allows the truck to pull the trailer) with an application for visa (DS-230, where separate applications occur and fees, which is when the truck and trailer get separated).

 

When in doubt, read the instructions.. the I-134 says for 'each person'... each immigrating person...

 

Wow....even when I think I have it all under control.....something else seems to pop up. I need to make another I-134 for her son. I guess I better get started.

 

Thanks to OP and David.

 

Obie

 

 

You see Obie !!! I was asleep in class the day David previously discussed the I-134. So I had to ask the question now; and thus by me asking the question, it has maybe prevented you from getting put on the spot at interview time !!! Isn't is wonderful how things work out here at CFL !!! Always too much fun !!!!

[Obie]

 

Wow....even when I think I have it all under control.....something else seems to pop up. I need to make another I-134 for her son. I guess I better get started.

 

Thanks to OP and David.

 

Obie

 

 

You see Obie !!! I was asleep in class the day David previously discussed the I-134. So I had to ask the question now; and thus by me asking the question, it has maybe prevented you from getting put on the spot at interview time !!! Isn't is wonderful how things work out here at CFL !!! Always too much fun !!!!

 

Just reading the I-134 Affidavit of Support instructions, it does say "A separate affidavit must be submitted for each person..."

 

I thought that to mean each person agreeing to be a sponser, not as David indicates each person being sponsered.

 

Anyway, I now have 2 completed, I will give them to my SO so she has them if needed.

 

Thanks again!!

 

Obie