I expected to fill out the I-134, not the I-864

[njrichardson 0]

My fiance received his packet 3 letter, instructing him to go to a link for a check list of things he'll need. Among one of these things was:

3. Have your petitioner prepare an Affidavit of Support, form I-864. Most applications require the standard I-864. Download form I-864. Some cases require an extra or different version of the I-864, e.g. I-864W or I-864A. These can be found at the U.S. Citizen and Immigration Services website (www.uscis.gov). Joint sponsors use the exact same form I-864 as petitioner. A poverty guide line form I-864P, will help you determine what minimun income you need for your household size. Note that deponents of an I-864 form must attach U.S. Tax Returns. U.S. citizens are obligated to file U.S. income tax regardless of where they earned their income. For information on (late) filing U.S. income tax, see our Tax pages.

...in the instructions it says under "Who Completes This Form"..that sponsors are to complete it...I do not have a co-sponsor, nor do we need one. Why am I having to fill this out?

His consulate is in Amsterdam, Netherlands.

[Bernie C 24]

For K-1 it should be the I-134. Maybe your finace got onto the wrong link or something.

You will complete and send an I-134 for him to have at the interview.

Can you get the link he used and paste it here? I just went to the Amsterdam US Consulate site and browsed around. If you go to non-immigrant visa section and click on Step 1 Introduction you can follow an number of links. One will take you to the travel.state.gov site that explains when I-134 and I-864's are used.

For K-1 it is definately the I-134.

You (the petitioner) are your finacee's "sponser" so you will complete the form.

[Nik+Heather 121]

It sounds like a mistake, but it could also be a recent change in policy on how they process K-1 visas. There is no particular requirement for which form to use, the consulate only needs to satisfy themselves that the beneficiary will not become a public burden. THEY choose which form to require.

From the embassy info page, it seems like there are some options to be able to talk to a real person about this. It is worth a double-check.

http://www.visajourney.com/consulates/index.php?ctry=Netherlands&cty=Amsterdam

Alternatively, since the I-134 and I-864 are similar in requirements, and since an I-864 is required for AOS anyway, you could play it safe without too much duplicated effort and simply prepare both.

[HeatDeath 430]

It sounds like a mistake, but it could also be a recent change in policy on how they process K-1 visas. There is no particular requirement for which form to use, the consulate only needs to satisfy themselves that the beneficiary will not become a public burden. THEY choose which form to require.

From the embassy info page, it seems like there are some options to be able to talk to a real person about this. It is worth a double-check.

http://www.visajourney.com/consulates/index.php?ctry=Netherlands&cty=Amsterdam

Alternatively, since the I-134 and I-864 are similar in requirements, and since an I-864 is required for AOS anyway, you could play it safe without too much duplicated effort and simply prepare both.

That's what I did for Vancouver Canada last April. i had the evidence and documentation with me at the interview for both the I-134 and the I-864. Doing that saves a bunch of time when you go to do your AOS a few months later anyways.

When in doubt about anything at the visa application stage, always contact the consulate directly if it can be done easily. Processes vary too much between consulates to depend on other people's answers. I'll admit that since Vancouver was so easy to email (1-2 day turnaround on procedural questions, max) that I hardly needed VJ at all during that stage

Edited March 26, 2010 by HeatDeath

[Bernie C 24]

Here is a link I found at the Amsterdam Consulate Website - read down through it. It very clearly sates that the I-134 should be used and the I-864 cannot be used.

amsterdam.usconsulate.gov/uploads/images/X7P1UHfjjw0xpmShYT08Qg/Common_IV_Refusals.pdf

[njrichardson 0]

Thank you all for your replies. It seems that the link that my fiance pasted to me was a bit off and it sent me to the Immigrant visa page requirements instead of the K1 visa requirements for pkg 3. It is in fact the I-134 we are to use. Thank you again for all your time and clarification.