I-134

[Marcos Heidi 0]

I know the topic of this document, the I-134, has been talked to death, but I have one question that I cannot seem to get answered sufficiently, though I have searched a lot. So, I am going to give this a try.

I have read that this is not a legally binding document, unlike the I 864. What exactly does that mean? "not legally binding"?

And if it means what I think (that the person signing can not be held legally responsible) then what good is it??

[spookyturtle 9,466]

From what I remember reading a few years ago, the I-134 was found to be non-enforceable in court hence the I-864 came into use. I don't remember how long ago this was or even where I read it. It was at a time when I was spending 4-5 hours a day doing immigration research, literally hundred of hours.

I don't have any idea why USCIS doesn't drop the I-134 from the K1 process and just use the I-864. Perhaps a more knowledgeable member has more input.

[pushbrk 13,121]

From what I remember reading a few years ago, the I-134 was found to be non-enforceable in court hence the I-864 came into use. I don't remember how long ago this was or even where I read it. It was at a time when I was spending 4-5 hours a day doing immigration research, literally hundred of hours.

I don't have any idea why USCIS doesn't drop the I-134 from the K1 process and just use the I-864. Perhaps a more knowledgeable member has more input.

USCIS doesn't use the I-134. It's a tool most people use by presenting it to a Consular Officer. (Dept. of State, not USCIS) It's unenforceable legally, but is used to convince the CO the intending immigrant won't become a public charge. The I-864 is a binding contract between the sponsor and the US Government. Anybody who successfully immigrates under the family process ends up with an I-864 sponsor.

[spookyturtle 9,466]

Thank you. The I-134 is submitted to the DOS at the consulate level even though it is USCIS form. Do you know if a copy of it is included in the the sealed envelope when the visa is issured?

[Marcos Heidi 0]

THANK YOU very much for your replies! Pushbrk, how do you know it's not legally enforceable? Do you conclude that from reading the instructions and the form itself?

So, if I understand correctly, it's only paperwork to help the immigrant get the fiance visa and the co-sponser is not under legal obligations because of submitting the information?

[pushbrk 13,121]

Thank you. The I-134 is submitted to the DOS at the consulate level even though it is USCIS form. Do you know if a copy of it is included in the the sealed envelope when the visa is issured?

Yes, it is. THe envelope contains your entire file.

[pushbrk 13,121]

THANK YOU very much for your replies! Pushbrk, how do you know it's not legally enforceable? Do you conclude that from reading the instructions and the form itself?

So, if I understand correctly, it's only paperwork to help the immigrant get the fiance visa and the co-sponser is not under legal obligations because of submitting the information?

No, you would not conclude that from the instructions.

Google "Is I-134 legally binding?" and read to your heart's content.

[Marcos Heidi 0]

THANK YOU very much for your replies! Pushbrk, how do you know it's not legally enforceable? Do you conclude that from reading the instructions and the form itself?

So, if I understand correctly, it's only paperwork to help the immigrant get the fiance visa and the co-sponser is not under legal obligations because of submitting the information?

No, you would not conclude that from the instructions.

Google "Is I-134 legally binding?" and read to your heart's content.

Thank you!!!!

[chuckb 0]

From what I remember reading a few years ago, the I-134 was found to be non-enforceable in court hence the I-864 came into use. I don't remember how long ago this was or even where I read it. It was at a time when I was spending 4-5 hours a day doing immigration research, literally hundred of hours.

I don't have any idea why USCIS doesn't drop the I-134 from the K1 process and just use the I-864. Perhaps a more knowledgeable member has more input.

USCIS doesn't use the I-134. It's a tool most people use by presenting it to a Consular Officer. (Dept. of State, not USCIS) It's unenforceable legally, but is used to convince the CO the intending immigrant won't become a public charge. The I-864 is a binding contract between the sponsor and the US Government. Anybody who successfully immigrates under the family process ends up with an I-864 sponsor.

I suppose it would follow that two legally binding contracts might not be a good thing? Or better yet, a legally binding document for a fiance probably couldn't be enforced. Really, one shouldn't sign such a document if you have any legal sense at all. It's a fiance, not a spouse...

Put like that, it sort of makes sense, in a strange legal way.

I always wondered why there were two forms for the same purpose.

Thanks