difference between I-134 and I-864

[Joanna&Bobby 3]

HI!

I am leaving Ireland on a K1 visa next week. Me and my fiance are starting to browse around visa journey to find out what to do next, filing for AOS.

My question goes:

my fiance has already filed an affidavit of support I-134 that I took to my K1 visa interview. Will we be required to file the I-864 with the application for AOS?

Will I get any type of instructions at the POE on what we need to do next after getting married?

Thanks for the advice

[Nanusia & Lukaszek 0]

Hi Joanna,

You need to submit the I-864 with AOS. At POE you will not get any instructions on what to do after getting married, because that is not their job After you get married, you file AOS, EAD & AP. All the forms are here on VJ.

Edited March 16, 2008 by Nanusia & Lukaszek

[Joanna&Bobby 3]

Hi Joanna,

You need to submit the I-864 with AOS. At POE you will not get any instructions on what to do after getting married, because that is not their job After you get married, you file AOS, EAD & AP. All the forms are here on VJ.

Thanks. Thats what we needed to know. Dzieki.

[Kathryn41 3,205]

Apparently the difference between the I-134 and the I-864 is that the I-864 is enforceable by law and the I-134 isn't. The I-864 will be required as part of your AOS package. I suspect the only instruction you might receive at the POE is that you need to marry within 90 days and "don't leave the US without your green card or your AP (advanced parole)". Those are the only instructions I received. Read over the guides here and ask questions on the forums and you will be fine with your AOS. Good luck on your entry and congratulations.

[Joanna&Bobby 3]

Apparently the difference between the I-134 and the I-864 is that the I-864 is enforceable by law and the I-134 isn't. The I-864 will be required as part of your AOS package. I suspect the only instruction you might receive at the POE is that you need to marry within 90 days and "don't leave the US without your green card or your AP (advanced parole)". Those are the only instructions I received. Read over the guides here and ask questions on the forums and you will be fine with your AOS. Good luck on your entry and congratulations.

Thanks for info. I am just starting to look for information. My fiance has asked me to find out as much as possible. He is busy between demanding job and setting up the appartment that we will be living in together. We dont want to pay the attorney another couple of thousands of dollars. He's sent us an e-mail saying- so I guess you want us to start preparing the paperwork for AOS, please confirm. And I dont want to give him too many hours since he charges a fortune. This is just the beginning of me learning about AOS. I might keep asking silly questions.

Thanks again Kathryn

[ELW 5]

The Flowchart in the Guides are a great help in seeing the overview!

K1 Flowchart

[JVKn'CVO 11]

aha and the adjustment of status guide

Basically, you get married, obtain a copy of your marriage certificate, and file form I-485 with the corresponding evidence and I-864 -affidavit of support-. Use the guide for help on what you should include and how to present it. You have the option to apply for employment authorization (I-765) and advance parole with no additional cost, (this is only when you submit these forms with your I-485), and this is a good thing to do since you never know how long it will take to get approved.

Saludos,

Caro

[Joanna&Bobby 3]

aha and the adjustment of status guide

Basically, you get married, obtain a copy of your marriage certificate, and file form I-485 with the corresponding evidence and I-864 -affidavit of support-. Use the guide for help on what you should include and how to present it. You have the option to apply for employment authorization (I-765) and advance parole with no additional cost, (this is only when you submit these forms with your I-485), and this is a good thing to do since you never know how long it will take to get approved.

Saludos,

Caro

Oh! So do we include only the $1010 fee for the AOS? I went to USCIS website and they are listing separate prices for: AOS, AP and EAD. If I file AP and EAD with AOS we include a check for AOS application only? I am confused!

[kim&james 0]

aha and the adjustment of status guide

Basically, you get married, obtain a copy of your marriage certificate, and file form I-485 with the corresponding evidence and I-864 -affidavit of support-. Use the guide for help on what you should include and how to present it. You have the option to apply for employment authorization (I-765) and advance parole with no additional cost, (this is only when you submit these forms with your I-485), and this is a good thing to do since you never know how long it will take to get approved.

Saludos,

Caro

Oh! So do we include only the $1010 fee for the AOS? I went to USCIS website and they are listing separate prices for: AOS, AP and EAD. If I file AP and EAD with AOS we include a check for AOS application only? I am confused!

The $1010 covers the EAD and AP as well. This changed from separate fees for each last year.

[Phillip2 3]

Hi Joanna,

You need to submit the I-864 with AOS. At POE you will not get any instructions on what to do after getting married, because that is not their job After you get married, you file AOS, EAD & AP. All the forms are here on VJ.

My lawyer has me only doing the I 864 form. My wife is in China south of Beijing and I am going to see her in June again. Do I also need an I 134 also. I want to get this right and have not receivd enough information anywere I have looked. My lawyer has not resonded to me at all about this and it is making me a little upset.

[Joanna&Bobby 3]

aha and the adjustment of status guide

Basically, you get married, obtain a copy of your marriage certificate, and file form I-485 with the corresponding evidence and I-864 -affidavit of support-. Use the guide for help on what you should include and how to present it. You have the option to apply for employment authorization (I-765) and advance parole with no additional cost, (this is only when you submit these forms with your I-485), and this is a good thing to do since you never know how long it will take to get approved.

Saludos,

Caro

Oh! So do we include only the $1010 fee for the AOS? I went to USCIS website and they are listing separate prices for: AOS, AP and EAD. If I file AP and EAD with AOS we include a check for AOS application only? I am confused!

The $1010 covers the EAD and AP as well. This changed from separate fees for each last year.

Thank you! It's nice to have you here to ask questions and get answers! Who started this forum? A GENIUS!

[Kathryn41 3,205]

Hi Joanna,

You need to submit the I-864 with AOS. At POE you will not get any instructions on what to do after getting married, because that is not their job After you get married, you file AOS, EAD & AP. All the forms are here on VJ.

My lawyer has me only doing the I 864 form. My wife is in China south of Beijing and I am going to see her in June again. Do I also need an I 134 also. I want to get this right and have not receivd enough information anywere I have looked. My lawyer has not resonded to me at all about this and it is making me a little upset.

There are some Consulates that do require the 864 rather than the 134. China may be one of them. You might want to post this question on the Regional Forum for China as there will be individuals there who have already gone through this process in Beijing and they can give you specific answers. Good luck on your journey.