I-864 Affidavit of Support. How long is it valid?

[Jeff54321 0]

What I tried to do during my trip to the Philippines, I tried filling out all the documents that my girlfriend would need from me later, and print them out on location. My thought was being that the mail system was so slow and I was unsure about being able to send a notorized document through email, I would speed up the K1 visa process this way.

However, I wasn't aware that it would take 5 months for the Vermont office to process my petition. The I-864 is dated May 6, 2009 and I'm assuming that by the time she needs the document, they would not accept it with that date and I'd have to redo it. How long is the I-864 form accepted before it must be redone?

Edited September 22, 2009 by Jeff54321

[payxibka 10,045]

What I tried to do during my trip to the Philippines, I tried filling out all the documents that my girlfriend would need from me later, and print them out on location. My thought was being that the mail system was so slow and I was unsure about being able to send a notorized document through email, I would speed up the K1 visa process this way.

However, I wasn't aware that it would take 5 months for the Vermont office to process my petition. The I-864 is dated May 6, 2009 and I'm assuming that by the time she needs the document, they would not accept it with that date and I'd have to redo it. How long is the I-864 form accepted before it must be redone?

K-1 uses the I-134 NOT the I-864

[griffin 7]

pasted from us embassy manila:

EVIDENCE OF FINANCIAL SUPPORT

Form I-864 Affidavit of Support (AOS): The I-864 AOS is required for visa applicants in the IR, F and certain E visa categories complete with copies of your sponsor’s latest U.S. Federal income tax return (ITR) and wage statements (Form W-2s). Please note that your petitioner must provide an Affidavit of Support, even if they do not meet the income requirements and even if a joint sponsor’s Affidavit of Support will be providing all of the actual financial support.

The I-864 AOS is NOW VALID INDEFINITELY ONCE IT HAS BEEN SIGNED (this is a change from the previous requirement of being valid for one year). In other words, applicants will no longer need to submit a new I-864 AOS or new tax forms due to long processing delays between the date of the signature of the I-864 AOS and the date of the interview.

Additionally, petitioners (or joint sponsors, if needed) filing an I-864 AOS are required to submit ONLY ONE YEAR'S TAX RETURN, THE MOST RECENT AVAILABLE AS OF THE DATE THE SUBMITTED I-864 AOS WAS SIGNED (this is a change from the previous requirement of submitting tax returns from the three most recent tax years).

The actual signed I-864 AOS must be an original copy. However, faxed copies of tax returns are acceptable. The tax return or copy should be signed.

Form I-864EZ Affidavit of Support: A sponsor may use the shorter form I-864EZ in place of Form I-864 if all of the following applies:

- The sponsor is the visa petitioner (who filed the Form I-130 petition);

- There is no need for a joint sponsor or a Form I-864A;

- The affidavit of support is filed on behalf of only one intending immigrant;

- The sponsor is seeking to qualify based on the sponsor's own income alone (not on the basis of assets);

- All of the sponsor's income being counted on the AOS is shown on IRS Form W-2.

Form I-134 Affidavit of Support: The I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of U.S. citizens (K1, K3), children of K1 and K3 applicants, spouses and children of lawful permanent residents (LPRs), applicants with special immigrant status, and follow-to-join derivative family members of employment-based (E) applicants. A copy of the sponsor's most recent Federal income tax return (Form 1040) should accompany the I-134. Faxed copies of the ITR are acceptable.

[Jeff54321 0]

I filled out the I-864 because the instructions state that under the "Who completes and signs form I-864" that "The US citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600a for an orphan" Under the information that I received, they wanted me to use the I-864 because it was legally enforcable and the I-134 wasn't.

[Stephen + Elisha 92]

What I tried to do during my trip to the Philippines, I tried filling out all the documents that my girlfriend would need from me later, and print them out on location. My thought was being that the mail system was so slow and I was unsure about being able to send a notorized document through email, I would speed up the K1 visa process this way.

However, I wasn't aware that it would take 5 months for the Vermont office to process my petition. The I-864 is dated May 6, 2009 and I'm assuming that by the time she needs the document, they would not accept it with that date and I'd have to redo it. How long is the I-864 form accepted before it must be redone?

You're going through the K1 visa process, which means you won't be using the I-864 until after your fiancee receives her K1 visa, enters the US, marries you, and files for adjustment of status (green card). She will need the I-134 Affidavit of Support from you for the interview process at the US Embassy consular section in Manila.

The I-134 needs to be submitted with supporting evidence: the most recent year's tax return and/or transcript at minimum, but pay stubs (the most recent 6 months are the usual suggestion) and a letter from your employer (if you can get one) verifying your full-time permanent employment and salary are also beneficial to prove current income. For all of this, the "fresher," the better. The consular officer is more likely to look askance at this information if it's all 6 months old.

I filled out the I-864 because the instructions state that under the "Who completes and signs form I-864" that "The US citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600a for an orphan" Under the information that I received, they wanted me to use the I-864 because it was legally enforcable and the I-134 wasn't.

This is from the I-864 instructions. You will need to use I-864—but later, when it's time for your fiancee (wife, at that point) files to adjust status for her green card.

Edited September 22, 2009 by Stephen + Elisha

[thepizzadude 26]

I filled out the I-864 because the instructions state that under the "Who completes and signs form I-864" that "The US citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600a for an orphan" Under the information that I received, they wanted me to use the I-864 because it was legally enforcable and the I-134 wasn't.

The I-134 is used at the interview stage of the procees i.e. The Embassy your fiance will go to for the interview.

The I-864 will be used after you are married and file for your AOS.

To help yourself immensely during the process you should

Follow this link to learn about the timeline for the K1 process beginning to end:

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Follow this link to learn about the AOS process also read about AP (advanced parole) and EAD (employment authorization document):

AOS http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

EAD http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Another thing you may be interested in HOW TO GET A SS CARD:

http://www.visajourney.com/forums/index.ph...om&page=ssn

[Jeff54321 0]

I give money to www.usimmigrationsupport.com for their K1-Fiance Information and Application Guide. It's great that they gave me the wrong information.

[thepizzadude 26]

I give money to www.usimmigrationsupport.com for their K1-Fiance Information and Application Guide. It's great that they gave me the wrong information.

Not unusual for people who charge for this information...websites, lawyers etc. They are in it for the money and don't really have a vested interest in you completing the process because they don't lose anything YOU DO.

VJ is here for people to offer help to those doing the same thing many others are now or have before, just because. While VJ likewise has no vested interest in your success, the people who offer the help KNOW WHAT YOU ARE GOING THROUGH.

Good Luck

[Jeff54321 0]

Thanks for your help! I'll fill out the other form and email the completed and signed form to her when the time comes. (Will also mail the original). Will she be able to use an email copy that's been signed before it was scanned?

[Stephen + Elisha 92]

Thanks for your help! I'll fill out the other form and email the completed and signed form to her when the time comes. (Will also mail the original). Will she be able to use an email copy that's been signed before it was scanned?

They will want an original, with original signature.

[Gary and Alla 3,694]

What I tried to do during my trip to the Philippines, I tried filling out all the documents that my girlfriend would need from me later, and print them out on location. My thought was being that the mail system was so slow and I was unsure about being able to send a notorized document through email, I would speed up the K1 visa process this way.

However, I wasn't aware that it would take 5 months for the Vermont office to process my petition. The I-864 is dated May 6, 2009 and I'm assuming that by the time she needs the document, they would not accept it with that date and I'd have to redo it. How long is the I-864 form accepted before it must be redone?

Well you have the wrong form for the interview. You need the I-134. There is no specific rule for the I-134 and they usually use the rules for the I-864 which is that the form and all documentation MUST be within one year BUT they can ask for more recent information if they choose.

Do a new I-134 and send it to her. Use DHL or Fedex.

Edited September 22, 2009 by Gary and Alla

[Gary and Alla 3,694]

I give money to www.usimmigrationsupport.com for their K1-Fiance Information and Application Guide. It's great that they gave me the wrong information.

Hey, you got off cheap. Many people pay lawyers thousands to make mistakes!