I-864 vs. I-134

[sloppyzhou]

Hi All -

 

My fiance's interview is scheduled for the 3rd of December. In P.3 they ask that the petitioner fill out the I-134 for K1/K3 visa applicants. And, in her P.3, no mention of the I-864 is made at all.

 

My question is, will the I-134, along with the necessary accompanying documentation (i.e. bank statement, tax, letter from employer), suffice?

 

Thanks for your help.

 

Sloppy周

[dnoblett]

K-Visas because they are NON-Immigrant use I-134 for the visa.

 

I-864 is for sponsoring an immigrant.

 

I-864 is used for Immigrant visas like CR-1 or IR-1 spousal visas.

 

K-Visa holders will later use an I-864 when filing an I-485 to adjust status from NON-Immigrant to Immigrant.

 

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 fiancé(e) visa applicants use the I-864 or the I-134?

 

Since fiancé(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.

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

 

In our case I supplied an I-134, along with 3 years tax transcripts, Recent pay stubs, and a letter from employer. Bank letter is only needed if your income falls below 125% poverty line and you are using the bank account as an asset.

Edited November 17, 2009 by dnoblett (see edit history)