I-864 instead or the I-134 for K3

[The_dip_sticks 0]

Im really confused here. Im trying to prepare ahead the documents that we will need so that when packet 3 arrives we have things underway. After reading throught the forums Im getting confused on what affidavit of support form I should send my husband. I-864 or the I-134. Are the income poverty guinelines the same for both forms? Am I reading it correctly as long as I'm making over 17,000 I should be ok?

[Otto 83]

Im really confused here. Im trying to prepare ahead the documents that we will need so that when packet 3 arrives we have things underway. After reading throught the forums Im getting confused on what affidavit of support form I should send my husband. I-864 or the I-134. Are the income poverty guinelines the same for both forms? Am I reading it correctly as long as I'm making over 17,000 I should be ok?

I-134 for K-3 VISA interview,

I-864 if you go the CR-1 path (I-130 petition only) or I-864 is used when adjusting status from a K-3 in the USA.

[YuAndDan 153]

I-864 is for GREEN-CARD, it us used for CR-1 and IR-1 visas because they generate a GREEN-CARD upon entry, and it is used when adjusting status from a K-Visa.

I-134 is used for NON-Immigrant visas at he visa interview, this included all K-Visa interview.

The poverty guidelines are the same for both forms, technically I-134 uses 100% poverty line verses I-864's 125% line, but most consulates hold K-Visas to the 125% line due to the K-Visa eventually using the I-864 when adjusting status.

[MargotDarko 0]

If you make over 17,500 USD and it's just the two of you, you're good to go for sure!

EDIT - It should be focused on your current income, but I have seen some funniness happen when the job was new or if the previous year was below the requirement. If you've had a steady job making more than 17,500 a year this year and for the last tax return, you really can rest easy though.

Edited October 17, 2008 by MargotDarko

[The_dip_sticks 0]

Ok what if I had a good steady income for the last 2 years making over the the 17k povery line. This year I recently started a new job because I was laid off a while back. Do they count how long you have been at a job, or does the amount of time not matter as long as I am currently employed making over the 17k povertry guidelines?

[rebeccajo 14]

I-864 is for GREEN-CARD, it us used for CR-1 and IR-1 visas because they generate a GREEN-CARD upon entry, and it is used when adjusting status from a K-Visa.

I-134 is used for NON-Immigrant visas at he visa interview, this included all K-Visa interview.

The poverty guidelines are the same for both forms, technically I-134 uses 100% poverty line verses I-864's 125% line, but most consulates hold K-Visas to the 125% line due to the K-Visa eventually using the I-864 when adjusting status.

No the poverty guidelines are not the same for both forms.

The poverty guidelines are not even mentioned in the instructions for the I134.

[rebeccajo 14]

Ok what if I had a good steady income for the last 2 years making over the the 17k povery line. This year I recently started a new job because I was laid off a while back. Do they count how long you have been at a job, or does the amount of time not matter as long as I am currently employed making over the 17k povertry guidelines?

Read up on what London is requiring at the moment.

In the recent past they went with the income listed by you on the affidavit and verification via your last 1040A.

Some visa applicants are asked for no follow up documentation of income at all. Research to find what the current trend seems to be and prepare via a 'worst-case' scenario.

[YuAndDan 153]

No the poverty guidelines are not the same for both forms.

The poverty guidelines are not even mentioned in the instructions for the I134.

DOS:

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.

Should diversity (DV) or returning resident (SB) applicants use the I-864 or the I-134?

They should use the I-134. The I-864 can only be used in the specified categories (most family-based and certain employment-based cases). All other applicants must use the I-134 if an affidavit of support is needed.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

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

[pushbrk 13,070]

No the poverty guidelines are not the same for both forms.

The poverty guidelines are not even mentioned in the instructions for the I134.

DOS:

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.

Should diversity (DV) or returning resident (SB) applicants use the I-864 or the I-134?

They should use the I-134. The I-864 can only be used in the specified categories (most family-based and certain employment-based cases). All other applicants must use the I-134 if an affidavit of support is needed.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

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

While all the above is correct and from the horses mouth, it should be noted that a Consular officer may use pretty much any criteria they wish, to determin to their satisfaction that the intending immigrant will not become a public charge. It's generally best to have a cosponsor if the petitioner can't already meet the requirements of the I-864. There are exceptions and the current trend at any specific Consulate may change. It's best to have as much Consulate specific information as possible before proceeding.

[BenAndNida 0]

This is great information in this thread. Thanks for posting, guys.

[The_dip_sticks 0]

Thank you every one for all your wonderful help!!!