Questions about Affidavit of Support, Form I-134 and supporting evidence

[Mr. Florida 11]

I have the following questions for all the K-1 filers who have passed beyond NOA2 and sent their Form I-134's to their fiancees. I am confused by several questions on the form itself and the accompanying instructions with it. I realize these are a lot of questions, but I prefer to do my homework thoroughly before I attack the next phase of this visa journey so I do not mistakenly write erroneous information on this form and risk my fiancee's chances for approval during her interview. Although I am not approved for my NOA2 yet, I am realizing the next steps for collecting the supporting evidence may require a lot of time, so I wish to be ready with all the documents and evidence in hand once the NOA2 arrives. I really appreciate all the help offered from the veteran visa filers on this site and all the hard work gone into creating and maintaining this site for people like us.

1. In the Instructions for Form I-134, Affidavit of Support, it says the following:

"As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the U.S. Evidence should consist of copies of any of the documents listed below that applies to your situation . . . . Submit in duplicate evidence of income and resources, as appropriate."

When it says "sufficient income or financial resources", may I submit one piece of evidence, such as my income, and not both if I have sufficient income to support my future wife?

2. In Form I-134, Affidavit of Support, Question 7, it says "I have on deposit in savings banks in the United States: ". If I have deposits in savings accounts, money market accounts, and retirement accounts across multiple financial institutions, do I need to disclose the deposits from all my financial institutions or simply disclose the deposit in the savings account from my bank? If I need to disclose my combined deposits from all my accounts, do I need to acquire a separate letter from every financial institution stating my balance in each account?

3. In Form I-134, Affidavit of Support, Question 7, it also says "I have other personal property, the reasonable value of which is: ". If I currently have a car loan and I have paid a part of this loan, how do I value my vehicle in this case? Should it be the difference of how much my vehicle is currently worth and how much I owe on my loan?

4. In Form I-134, Affidavit of Support, Question 11, it says "I do or do not intend to make specific contributions to the support of the person(s) named in item 3". I am confused by this question. I imagine I would support my fiancee once we marry within 90 days and she starts to live with me in the U.S. How do I answer this question with regards to a K-1 visa?

5. For all other questions on Form I-134, if those questions do not pertain to me or I do not have a certain item, do I simply write "0.00" or leave those fields as blank?

6. How many of my past federal income tax returns do I need to send?

Once again, I appreciate all your time. And I am sure other K-1 filers out there are facing some of the confusions I have listed above.

Thank you

[YuAndDan 153]

Moving to consulate/embassy forum, there you will find questions and answers for the I-134.

The consulates tend to treat the I-134 like a "light" I-864 considering the K-1 visa applicant as an intending immigrant.

They tend to use the same types of financial evidence as indicated for I-864, look at I-864's directions for the recommendations.

Bank statements are only needed if using balance as an asset in cases of income shortfalls, if sufficient income then bank statements are not needed.

In my case income was more than enough, so I only attached the following to I-134:

• Simple IRS transcripts for past 3 years.
• Letter from employer
• copies of past 6 months pay stubs.

I-864 instructions:

[Mr. Florida 11]

Thank you for your response. It was most helpful. Can you provide a link to the Form I-864 instructions on your site?

However, I am still confused with one question I asked earlier. In Form I-134, Affidavit of Support, Question 11, it says "I do or do not intend to make specific contributions to the support of the person(s) named in item 3". Do I say yes or no to this statement in regards to a K-1 Fiancee visa?

[pushbrk 13,124]

Thank you for your response. It was most helpful. Can you provide a link to the Form I-864 instructions on your site?

However, I am still confused with one question I asked earlier. In Form I-134, Affidavit of Support, Question 11, it says "I do or do not intend to make specific contributions to the support of the person(s) named in item 3". Do I say yes or no to this statement in regards to a K-1 Fiancee visa?

Go to USCIS.gov and click on forms. You'll need to be familiar with finding immigration forms. This is how it's done.

[Mr. Florida 11]

Go to USCIS.gov and click on forms. You'll need to be familiar with finding immigration forms. This is how it's done.

Pushbrk, yes I already know where to find the forms. I have most of them downloaded in fact from the USCIS site. But what I am trying to understand are the differences between Forms I-134 and I-864, if there are any. But more specifically, I am hoping for someone to give an answer to the question I copied and pasted twice above if anyone knows the answer.

[pushbrk 13,124]

Pushbrk, yes I already know where to find the forms. I have most of them downloaded in fact from the USCIS site. But what I am trying to understand are the differences between Forms I-134 and I-864, if there are any. But more specifically, I am hoping for someone to give an answer to the question I copied and pasted twice above if anyone knows the answer.

To understand the differences between the forms, you would study the forms and their instructions. As a practical matter, the I-134 is the affidavit of support used in obtaining the K1 visa and is not legally binding. The I-864 is used when adjusting status and IS binding.

There are also sample forms in the Guides here. The sample I-134 for K1 will tell you to check "do not intend" and to write "N/A K1 visa" for question 11. Personally, I recommend checking "do intend" and writing, "I will support the beneficiary fully as a member of my family." With rare exceptions either is fine. My recommendation is always fine.

[Mr. Florida 11]

To understand the differences between the forms, you would study the forms and their instructions. As a practical matter, the I-134 is the affidavit of support used in obtaining the K1 visa and is not legally binding. The I-864 is used when adjusting status and IS binding.

There are also sample forms in the Guides here. The sample I-134 for K1 will tell you to check "do not intend" and to write "N/A K1 visa" for question 11. Personally, I recommend checking "do intend" and writing, "I will support the beneficiary fully as a member of my family." With rare exceptions either is fine. My recommendation is always fine.

Okay, thank you. After reviewing both forms and instructions, I did not know Form I-134 is NOT legally binding. That is helpful to know. I will think over which answer to put for Question 11 when the time comes.