I-134 or I-864?

[robertcolt46 0]

Maybe someone who has recently submitted a P3 to Guangzhou can answer a question for me. Which Affidavit of Support Form does the Consulate there send with P3? Is it the I-134 or the I-864?

Our applications were just approved by USCIS and I am trying to have everything ready to send to my wife. We want to send everything back to Guangzhou the day we get the P3. Thier website states that it is the I-134, but I have read elsewhere that it is the I-864.

Just trying to save some time. We do not want to wait ONE DAY longer than we have to!

[YuAndDan 153]

I-134 is for K-Visas, and I-864 is only for GREEN-Cards, either by CR-1 or IR-1 immigrant visa or by AOS in the USA.

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

Also I highly recommend that you join "A Candle for Love" and research the visa process at the Guangzhou consulate.

http://candleforlove.com (This site's FAQ and info for China is 2nd to NONE)

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.

More: http://guangzhou.usembassy-china.org.cn/fo...and_packets.htm

Edited May 19, 2008 by YuAndDan

[pushbrk 12,881]

Maybe someone who has recently submitted a P3 to Guangzhou can answer a question for me. Which Affidavit of Support Form does the Consulate there send with P3? Is it the I-134 or the I-864?

Our applications were just approved by USCIS and I am trying to have everything ready to send to my wife. We want to send everything back to Guangzhou the day we get the P3. Thier website states that it is the I-134, but I have read elsewhere that it is the I-864.

Just trying to save some time. We do not want to wait ONE DAY longer than we have to!

What Dan said but the Consulate doesn't send the Affidavit of Support (I-134). The USC Petitioner/Sponsor downloads it completes it, has it notarised then sends it to the beneficiary/applicant along with the appropriate supporting documentation. (pay stubs, tax transcripts etc.) Beneficiary carries the affidavit to the interview in Guangzhou.

If your I-130 gets to NVC and you wish to pursue the CR1 instead of the K3, then the US Citizen will be sending an I-864 to NVC when they request it.

Edited May 19, 2008 by pushbrk