Are VJ K-1 Guidelines Complete?

[Misha'sgirl 44]

Zeeshanish - I'm not saying income isn't important. I'm just saying that on the US Embassy website - Pakistan - it says you don't need to bother bringing an I-864 at that time. http://islamabad.usembassy.gov/i864.html

What about the fiancé(e) of a U.S. citizen who is applying for a fiancé(e) visa?

An I-864 is not required when applying for a fiancé(e) visa. An I-864 will be required at the time the fiancé(e) visa holder applies to adjust his or her status from nonimmigrant to conditional resident with the United States Citizenship and Immigration Services(USCIS).

And, on the VisaJourney Pakistan page - http://www.visajourney.com/consulates/index.php?ctry=Pakistan&cty=Islamabad it says:

"I-134 Affidavit of Support w/ Supporting Financial Docs from Petitioner> optional."

Does that mean you really don't have to show an I-134 at the interview?

Indeed it is optional, however, highly advised to fill one out and take to your interview. Without the evidence that you or a co-sponsor can support your fiance in the U.S., the consulate will look at him/her as a "Public charge" which will really hurt their chances of getting a visa. At least, that is how I was advised by a couple people who have gone through this process.

[Protocol417 161]

Also, I've noticed that some embassies and government websites confuse K-1 visas a LOT. Sometimes, they are considered "immigrant" visas and sometimes they are considered "non-immigrant".

While we were going through this (just got visa approval yesterday!) our philosophy was that it was always, always, always better to bring too much than not enough. If they don't ask for it during the interview, then don't give it to them... but when in doubt, have it just in case you are asked!

[Jon York 156]

Thanks so much everyone. Your advice has been very helpful. I think it sounds best for her to take the I-134 and the I-864.

I was told the I-864 was for submission after you get MARRIED. Not for the interview... That may be why they don't care to review it at the interview.

Misha'sgirl - Yes, that's what the embassy website says that they don't need to see the I-864 because it's for after you get married. But it just doesn't seem to make sense not to bring it - if your I-134 shows that you don't have enough income.

It just seems strange that they'll look at the I-134 to establish you have enough income, and if you don't they apparently don't care to see the co-sponsor's form. Very weird.

[Misha'sgirl 44]

Thanks so much everyone. Your advice has been very helpful. I think it sounds best for her to take the I-134 and the I-864.

Misha'sgirl - Yes, that's what the embassy website says that they don't need to see the I-864 because it's for after you get married. But it just doesn't seem to make sense not to bring it - if your I-134 shows that you don't have enough income.

It just seems strange that they'll look at the I-134 to establish you have enough income, and if you don't they apparently don't care to see the co-sponsor's form. Very weird.

Go ahead and bring it if you want -- it can't hurt! Always better to bring more than you need than not enough.

As far as they don't care to see the co-sponsor's form: that's not great news for me and others who might be in my position. I'm living with my fiance, and I cant work because I'm not here on a work visa. That's why a family member of mine is co-sponsoring him. I have a job waiting me when I get back, and could actually have multiple jobs but one for sure. I think I will include that fact in the package that my fiance will take to the interview. Oh well, I still feel confident that we will be approved. We were lucky enough to get a really nice consulate when we went for his B2 visa and he told us that he felt we wouldn't have a problem getting the K1 approved. And that really boosted our spirits!

Good luck with your situation.

[bigdog 376]

The I134 is non binding, due to the fact that you may for may not complete the K1 process. When you apply for AOS and use the I864, it is a binding document covering 10 years and or 40 quarters of employment to release the signer. Not to make light of the I134 application to the process, it is still a serous document.

Edited November 22, 2013 by bigdog

[Jon York 156]

While we were going through this (just got visa approval yesterday!) our philosophy was that it was always, always, always better to bring too much than not enough. If they don't ask for it during the interview, then don't give it to them... but when in doubt, have it just in case you are asked!

First, CONGRATULATIONS on getting your visa approved!!!

So a question for you - what if she takes the I-864 with her but they don't ask for it? Wouldn't they then deny us based on the fact that our I-134 wouldn't show enough income?

[Protocol417 161]

First, CONGRATULATIONS on getting your visa approved!!!

So a question for you - what if she takes the I-864 with her but they don't ask for it? Wouldn't they then deny us based on the fact that our I-134 wouldn't show enough income?

Thanks

Okay, I had a brainfart on this one. For some reason I thought the I-864 was a supplement for co-sponsors, but I should've known better because I just spent three days putting together notes for Adjustment of Status Too many forms!!!

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application).

So as a K-1, you will be filling out the I-864 later, during the AoS period.

I don't know too much about co-sponsorship (since I'm sponsoring my fiance by myself) but from what I'm reading it sounds like you and the co-sponsor would both fill out one copy of the I-134, both of which would then be presented at the interview if/when asked.

Here's another thread on that:

http://www.visajourney.com/forums/topic/60692-what-is-the-difference-between-i-134-and-i-864/

[Lynkali 163]

from what I'm reading it sounds like you and the co-sponsor would both fill out one copy of the I-134, both of which would then be presented at the interview if/when asked.

YES. I just said that in post #9 of this thread. I don't know why the original poster is still talking about the I-864 -- that just is NOT USED at the embassy stage unless you have been specifically requested otherwise by the consular officer.

If you have a co-sponsor, you need TWO I-134 forms for the embassy interview, each filled out with supporting documents. Yes, the embassy absolutely DOES check if you don't make enough on your own, which is why you need the second I-134 form already prepared from the co-sponsor. No I-864 involved.

[Jon York 156]

Ah okay - got it. Sorry Lynkali - I missed that detail of your previous post! Right - so 2 I-134s. Got it! Thanks so much!

Oh by the way - one last question... You don't send in the I-134 with your I-129F petition, do you? They don't ask for the I-134 until your fiance goes to her interview, is that right?

[Lynkali 163]

Ah okay - got it. Sorry Lynkali - I missed that detail of your previous post! Right - so 2 I-134s. Got it! Thanks so much!

Oh by the way - one last question... You don't send in the I-134 with your I-129F petition, do you? They don't ask for the I-134 until your fiance goes to her interview, is that right?

That's correct, the I-134 (or two of them, if you have a co-sponsor) are requested only when the applicant goes to the interview at the embassy. There's no need to send I-134 in your initial petition.

Procedures do vary slightly at the embassy stage -- some embassies ask you to mail the I-134 to the embassy as packet 3/4, as you're setting up the interview date, while others like our process just physically carried the I-134 to the interview by hand. But nowhere requests it prior to setting up the interview itself.

[Jon York 156]

Great! Thanks so much for your good information Lynkali.