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Sylou & Manu

I-134 and I-864 : what is the difference?

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Filed: K-1 Visa Country: France
Timeline

Hi all,

I'm really confused ... i hope some of you can help me.

The packet 3 contains :

- Check list DS 2001

- DS 230 part I

- DS 156 (x2)

- DS 156 K

- DS 157

- I 134 (to be filled out by the US citizen)

My question is : what is the difference between the I 134 (Affidavit of support) and the form I 864?

Thank you for you help

Edited by Sylou
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Filed: Citizen (apr) Country: Canada
Timeline

I-134 is for the K-1 visa interview and is the Affidavit / Proof of ability to support.

I-864 comes later when you file for AOS and is almost the same thing but it is more indepth and is a legal binding document.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-1 Visa Country: France
Timeline
I-134 is for the K-1 visa interview and is the Affidavit / Proof of ability to support.

I-864 comes later when you file for AOS and is almost the same thing but it is more indepth and is a legal binding document.

Thank you so much for your fast reply Inky.

So my fiancee has to complete these 2 forms and send back to me before i have my interview right?

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I-134 is for the K-1 visa interview and is the Affidavit / Proof of ability to support.

I-864 comes later when you file for AOS and is almost the same thing but it is more indepth and is a legal binding document.

Thank you so much for your fast reply Inky.

So my fiancee has to complete these 2 forms and send back to me before i have my interview right?

Correct - with the evidence they require.

movingthread.jpg

Moved from K-1 to Embassy

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Vietnam
Timeline
I-134 is for the K-1 visa interview and is the Affidavit / Proof of ability to support.

I-864 comes later when you file for AOS and is almost the same thing but it is more indepth and is a legal binding document.

Thank you so much for your fast reply Inky.

So my fiancee has to complete these 2 forms and send back to me before i have my interview right?

Not likely. The consulate doesn't usually ask for both. They consulate uses the I-134 as the basis for determining whether the sponsor has the means to support the beneficiary, and ensure that the beneficiary won't become a public charge in the US. After the beneficiary comes to the US and marries the petitioner, then the I-864 is sent to USCIS along with the application for the green card.

There are no rigid requirements for the I-134, so consulates have some discretion in what they can require for evidence, what income threshold they require, and whether to accept co-sponsors. The I-864 has very specific requirements for evidence and income. The I-134 has also never been successfully used to force the petitioner to support the beneficiary. The I-1864 has been used this way many times. Consulates rarely ask for an I-864 with a K1 because it wouldn't make much sense to obligate the petitioner to support someone they haven't married yet, and who has no legal status in the US yet. Consulates just want some assurance that the petitioner can support the beneficiary.

If the consulate asks only for the I-134 (which is likely), then that's all your fiancee needs to send, along with supporting documents like tax returns.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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