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Posted

Hi all.

There has been a lot of confusion and discussion about the Support form, I-134 which is NEEDED for every interview concerning K1 and K3.

I have been doing a bit of research into both and before I nearly messed up my soon to be interview, I not only found this paragraph below taken from the US Embassy, London, website, but was also told by a US Embassy worker.

" * Evidence of Support: An applicant for a fiancé(e) visa is not required to file an affidavit of support, form I-864 at the time he or she applies for a fiancé(e) visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the U.S. Citizenship and Immigration at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

"

This simply clarifies that for people SPECIFICALLY applying for the K1 visa (because I am on the K1 route and I haven't done research into the K3, well, not much anyway) that you do not use the I-134, you use the I-864. Which can also be found on the USCIS website under the Immigration Form section.

Notice how I posted this as - UK(?), that is because this may only apply to the US Embassy in London, England, so I didn't want anyone getting confused over other interviews in different countries etc.

Goodluck to all people on VJ, and goodluck to people like me that are closing in on their interview!

--------------------------------------------

I-129F Process:

--------------------------------------------

2007/06/26 - I-129F Petition sent to Nebraska service center

2007/07/03 - NOA1 Hard Copy, and notification that it has been forwarded to the California Service center

2007/07/10 - Touch

2007/11/20 - Approved - NOA2

2007/12/13 - Petition received at the NVC

2007/12/22 - Hardcopy of notice that the petition has now been forwarded to the US Embassy in London.

2008/01/05 - Received Packet from US Embassy.

2008/01/11 - Medical examination

2008/01/16 - Received Police Clearance Record

2008/01/16 - Sent back out Packet to the US Embassy.

2008/02/26 - INTERVIEW APPROVED!!!!

2008/05/08 - Married!!!!

--------------------------------------------

I-485/I-765 Process:

--------------------------------------------

2008/05/22 - Sent out adjustment of status package.

2008/06/05 - Package sent back due to wrong address

2008/06/06 - Sent package back out

2008/06/11 - Pending notices received

2008/06/17 - Appointment notice received

2008/06/26 - Biometrics appointment - Appointment successful

2008/??/?? - RFE - Sponsor did not fill out I-864

2008/08/12 - RFE sent back out

2008/11/12 - Service request in effect.

2008/12/03 - No news on if they received my case back (RFE), no news on my EAD or AOS. Starting to get severely annoyed.

Posted
When you get Packet 3 in the mail from London you will see that the instructions and check list specifically ask for the I-134 for K1 visas. That is what must be submitted at the time of interview. The I-164 is used for AOS.

But I am talking about the I-864, not the I-164.

--------------------------------------------

I-129F Process:

--------------------------------------------

2007/06/26 - I-129F Petition sent to Nebraska service center

2007/07/03 - NOA1 Hard Copy, and notification that it has been forwarded to the California Service center

2007/07/10 - Touch

2007/11/20 - Approved - NOA2

2007/12/13 - Petition received at the NVC

2007/12/22 - Hardcopy of notice that the petition has now been forwarded to the US Embassy in London.

2008/01/05 - Received Packet from US Embassy.

2008/01/11 - Medical examination

2008/01/16 - Received Police Clearance Record

2008/01/16 - Sent back out Packet to the US Embassy.

2008/02/26 - INTERVIEW APPROVED!!!!

2008/05/08 - Married!!!!

--------------------------------------------

I-485/I-765 Process:

--------------------------------------------

2008/05/22 - Sent out adjustment of status package.

2008/06/05 - Package sent back due to wrong address

2008/06/06 - Sent package back out

2008/06/11 - Pending notices received

2008/06/17 - Appointment notice received

2008/06/26 - Biometrics appointment - Appointment successful

2008/??/?? - RFE - Sponsor did not fill out I-864

2008/08/12 - RFE sent back out

2008/11/12 - Service request in effect.

2008/12/03 - No news on if they received my case back (RFE), no news on my EAD or AOS. Starting to get severely annoyed.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

I think that was a typo - 864 - not 164. The 864 is required at the Adjustment of Status stage and is a legally enforceable contract. The I-134 is, from my understanding, not legally enforceable, however it provides the Consulate with an indication that the sponsor is able to meet the financial requirements to support the fiance/e in the US. It weeds out those who definitely would not be able to meet the more stringent requirements of the AOS before they reach that stage.

The I-134 is used by most Consulates and Embassies, however, not all. It is best to wait and see what the exact instructions received from the Consulate for your home country states and then follow their directions completely.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: Citizen (pnd) Country: England
Timeline
Posted
I think that was a typo - 864 - not 164. The 864 is required at the Adjustment of Status stage and is a legally enforceable contract. The I-134 is, from my understanding, not legally enforceable, however it provides the Consulate with an indication that the sponsor is able to meet the financial requirements to support the fiance/e in the US. It weeds out those who definitely would not be able to meet the more stringent requirements of the AOS before they reach that stage.

The I-134 is used by most Consulates and Embassies, however, not all. It is best to wait and see what the exact instructions received from the Consulate for your home country states and then follow their directions completely.

Yes, it was a typo. The I-134 is what the London Embassy will ask your fiance to complete. The I-864 is for AOS, as described by Katherine.

Posted
I think that was a typo - 864 - not 164. The 864 is required at the Adjustment of Status stage and is a legally enforceable contract. The I-134 is, from my understanding, not legally enforceable, however it provides the Consulate with an indication that the sponsor is able to meet the financial requirements to support the fiance/e in the US. It weeds out those who definitely would not be able to meet the more stringent requirements of the AOS before they reach that stage.

The I-134 is used by most Consulates and Embassies, however, not all. It is best to wait and see what the exact instructions received from the Consulate for your home country states and then follow their directions completely.

Yes, it was a typo. The I-134 is what the London Embassy will ask your fiance to complete. The I-864 is for AOS, as described by Katherine.

Ok, so in terms of what I bring to the interview, it is not the I-864, it is the I-134?

And that would be two, one from the petitioner, the other the Co-Sponsor?

--------------------------------------------

I-129F Process:

--------------------------------------------

2007/06/26 - I-129F Petition sent to Nebraska service center

2007/07/03 - NOA1 Hard Copy, and notification that it has been forwarded to the California Service center

2007/07/10 - Touch

2007/11/20 - Approved - NOA2

2007/12/13 - Petition received at the NVC

2007/12/22 - Hardcopy of notice that the petition has now been forwarded to the US Embassy in London.

2008/01/05 - Received Packet from US Embassy.

2008/01/11 - Medical examination

2008/01/16 - Received Police Clearance Record

2008/01/16 - Sent back out Packet to the US Embassy.

2008/02/26 - INTERVIEW APPROVED!!!!

2008/05/08 - Married!!!!

--------------------------------------------

I-485/I-765 Process:

--------------------------------------------

2008/05/22 - Sent out adjustment of status package.

2008/06/05 - Package sent back due to wrong address

2008/06/06 - Sent package back out

2008/06/11 - Pending notices received

2008/06/17 - Appointment notice received

2008/06/26 - Biometrics appointment - Appointment successful

2008/??/?? - RFE - Sponsor did not fill out I-864

2008/08/12 - RFE sent back out

2008/11/12 - Service request in effect.

2008/12/03 - No news on if they received my case back (RFE), no news on my EAD or AOS. Starting to get severely annoyed.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Correct.

K-1 Process

I-129F Sent : 2007-04-28

I-129F NOA1 :2007-06-05

I-129F RFE(s) :2007-10-28

RFE Reply(s) :2007-11-05

I-129F NOA2 :2007-11-28

NVC Received : 2007-12-20

NVC Left :2007-12-27 (due to holidays :P)

Consulate Received :2007/12/28 (Vancouver)

Packet 3 Received :2008-01-07

Packet 3 Sent :2008-01-07

Packet 4 Received :2008-01-14

Interview Date :2008-02-11

Visa Received :2008-02-13

US Entry :2008-02-20

Marriage :2008-02-26

Wedding Ceremony: 2008-05-03

Adjustment of Status 4105.gif

CIS Office : Saint Louis MO

Date Filed : 2008-03-09

NOA: 2008-03-15

RFE(s) : 2008-03-29

Bio. Appt. : 2008-04-01

Touched: 04/01 - 04/02 - 04/16 - 04/17 - 04/18 - 04/21 - 05/06 - 05/07 - 05/08

Transferred to CSC: 2008-04-30

APPROVED!! : 2008-06-18

Employment Authorization Document

CIS Office : Chicago National Office

Filing Method :Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Bio. Appt. : 2008-04-01

Approved: 2008-05-12

Advance Parole

CIS Office : Chicago National Office

Filing Method : Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Approved: 2008-05-12

Filed: Citizen (pnd) Country: England
Timeline
Posted
I think that was a typo - 864 - not 164. The 864 is required at the Adjustment of Status stage and is a legally enforceable contract. The I-134 is, from my understanding, not legally enforceable, however it provides the Consulate with an indication that the sponsor is able to meet the financial requirements to support the fiance/e in the US. It weeds out those who definitely would not be able to meet the more stringent requirements of the AOS before they reach that stage.

The I-134 is used by most Consulates and Embassies, however, not all. It is best to wait and see what the exact instructions received from the Consulate for your home country states and then follow their directions completely.

Yes, it was a typo. The I-134 is what the London Embassy will ask your fiance to complete. The I-864 is for AOS, as described by Katherine.

Ok, so in terms of what I bring to the interview, it is not the I-864, it is the I-134?

And that would be two, one from the petitioner, the other the Co-Sponsor?

Exactly right.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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