I134 or I864

[jimncherry]

Which Affidavit of Support will be required for the K-1 Visa. I-134 or I-864

 

Thanks

Edited April 1, 2008 by jimncherry (see edit history)

[MikeandRong]

I-134

[dnoblett]

I-134 is used for the K-Visa interview at the consulate.

 

I-864 is only used for green-cards, either for CR-1/IR-1 spousal visa OR when adjusting status in the USA from a K-Visa.

 

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

 

Other Immigrant Categories - When an I-134 May be Needed

 

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

 

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

 

Should K-1 fianc¨¦(e) visa applicants use the I-864 or the I-134?

 

Since fianc¨¦(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Note Guangzhou will hold you to the 125%, NOT 100% povertyline because it is known that the K-Visa will adjust status in the USA, and adjustment of status requires at least 125%.

 

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

 

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

 

In our case this what the I-134 included.

• I-134 signed and notarized.
   
  
• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html
   
  
• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)
   
  
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
   
  
• Photo copies of past month or so of pay stubs up to a few weeks before the interview.
  

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

 

If your income exceeds 125% or (100% for military) of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

[david_dawei]

Let's not give too much information for a simple question...

 

A K1 needs the I-134 as mike stated.

 

Whether it is asked for or not needs to wait for the VO.

 

And GUZ does not hold anyone to any % level; they simply ask for financial evidence. If they ask for the employer letter, it's just that, not a % level necessarily; they want proof of ongoing work.

 

The fact is: K# visas are really only supposed to be held to 100%... but the practical matter is to have evidence on hand to give a "feel-good" to the VO.

[michaelt]

and we all know that "feel good" is.....good. : )

Hope you and Zixuan are well David!

Edited April 1, 2008 by michaelt (see edit history)

[Squonk]

Does anyone know what version of Adobe Acrobat you need to fill out the downloadable I-134 form (Rev 02/28/07)?

I have version 5.0, but I can not get all the information into the text boxes on the form.

Version 5.0 will not let me resize the text box nor will it let me resize the text.

Thank you,

-Squonk

[dnoblett]

Does anyone know what version of Adobe Acrobat you need to fill out the downloadable I-134 form (Rev 02/28/07)?

I have version 5.0, but I can not get all the information into the text boxes on the form.

Version 5.0 will not let me resize the text box nor will it let me resize the text.

Thank you,

-Squonk

Reader is currently at version 8.1 you may want to upgrade.

 

http://www.adobe.com/

[iray]

For the I-134 (K3)

Does one need to show 3 years tax records, or just the most recent year 2007? I recall seeing somewhere that now only the most recent year is needed?

 

Thanks for any reply!

[Guest Rob & Jin]

For the I-134 (K3)

Does one need to show 3 years tax records, or just the most recent year 2007? I recall seeing somewhere that now only the most recent year is needed?

 

Thanks for any reply!

 

 

its up to the VO, 1 year or 3. or maybe not at all.

[georgeandli]

I would guess it would be better to err on the side of caution. Have the three years worth handy in the kitchen sink. Ready in case VO asks. Plus it gets you organized for later in the game, update annually at tax time and it will be handy when it comes time for the I-864.

[Guest Rob & Jin]

I would guess it would be better to err on the side of caution. Have the three years worth handy in the kitchen sink. Ready in case VO asks. Plus it gets you organized for later in the game, update annually at tax time and it will be handy when it comes time for the I-864.

 

 

yep