I-134 or I-864

[nowthatimetu 0]

Sorry if it has been posted...

but I am throughly confused..

I am filing the k3 do we need the i-864 or I-134 affidavit o support?

My lawyer has been useless with research, but very accurate with filling out forms, so it is a catch 22..

Can someone advise or do you need more info from me?

Thanks

Courtney

[sunset_park 0]

Sorry if it has been posted...

but I am throughly confused..

I am filing the k3 do we need the i-864 or I-134 affidavit o support?

My lawyer has been useless with research, but very accurate with filling out forms, so it is a catch 22..

Can someone advise or do you need more info from me?

Thanks

Courtney

When an applicant's priority date is close to becoming current,

• NVC will send an Affidavit of Support (I-864 form) processing fee bill ($70) to the petitioner and an Agent of Choice and Address (DS-3032) form to the applicant.

No Form Form DS-3032 is required if:

1. A G-28 is received from USCIS and the attorney is the agent;

2. The alien is self-petitioning.

3. A child is being adopted.

Form DS-3032 permits the applicant to choose an "agent" to receive mailings from NVC and assist in the paperwork or paying of required fees. The agent can be the petitioner, an attorney, a friend or non-governmental or community-based organization. The agent cannot sign required documents for the applicant, but can assist with fee payments and document collection. The applicant is not required to choose an agent and may have all mailings sent to the overseas address. The applicant's file will be held at NVC until the signed Form DS-3032 is returned. If it is not returned within one year, NVC will begin the case termination process.

The NVC sends a correctly addressed, return envelope with the bills. It is important that you use the return envelope provided to you, when paying the fees. Don't forget to put the correct postage on the envelope. Don't pay the bill until the NVC asks you to do so. Don't send payments to the NVC at Portsmouth, New Hampshire.

• Once the I-864 processing fee is paid, NVC will send the I-864 forms and instructions to the petitioner. Completed I-864 form must be taken directly to the visa interview appointment, unless asked specifically to be sent to NVC. Do not send it to the consulate.

• Once NVC receives the form DS-3032 from the applicant, NVC will mail the Immigrant Visa (IV) fee bill ($335) to the agent of choice.

• Once the IV fee bill is paid, NVC will send the Instructions Package for Immigrant Visa Applicants (formerly known as Packet 3) to the agent.

The exact contents of the Instruction Packet will depend on where the applicant will be interviewed for a visa. Applicant should send the required documents as per the instructions.

• Depending upon your consulate, once NVC/consulate receives all required documents, usually, consulate will schedule an interview within 60 to 90 days, if the priority date is current. Consulate sends "Appointment Package for Immigrant Visa Applicants" (Formerly known as Packet 4) to the applicant.

• Applicant and all accompanying family members (spouse and children) need to go for medical examination.

• Applicant and all accompanying family members visit the consulate on the appointment day for an interview.

[nowthatimetu 0]

Sorry if it has been posted...

but I am throughly confused..

I am filing the k3 do we need the i-864 or I-134 affidavit o support?

My lawyer has been useless with research, but very accurate with filling out forms, so it is a catch 22..

Can someone advise or do you need more info from me?

Thanks

Courtney

When an applicant's priority date is close to becoming current,

• NVC will send an Affidavit of Support (I-864 form) processing fee bill ($70) to the petitioner and an Agent of Choice and Address (DS-3032) form to the applicant.

No Form Form DS-3032 is required if:

1. A G-28 is received from USCIS and the attorney is the agent;

2. The alien is self-petitioning.

3. A child is being adopted.

Form DS-3032 permits the applicant to choose an "agent" to receive mailings from NVC and assist in the paperwork or paying of required fees. The agent can be the petitioner, an attorney, a friend or non-governmental or community-based organization. The agent cannot sign required documents for the applicant, but can assist with fee payments and document collection. The applicant is not required to choose an agent and may have all mailings sent to the overseas address. The applicant's file will be held at NVC until the signed Form DS-3032 is returned. If it is not returned within one year, NVC will begin the case termination process.

The NVC sends a correctly addressed, return envelope with the bills. It is important that you use the return envelope provided to you, when paying the fees. Don't forget to put the correct postage on the envelope. Don't pay the bill until the NVC asks you to do so. Don't send payments to the NVC at Portsmouth, New Hampshire.

• Once the I-864 processing fee is paid, NVC will send the I-864 forms and instructions to the petitioner. Completed I-864 form must be taken directly to the visa interview appointment, unless asked specifically to be sent to NVC. Do not send it to the consulate.

• Once NVC receives the form DS-3032 from the applicant, NVC will mail the Immigrant Visa (IV) fee bill ($335) to the agent of choice.

• Once the IV fee bill is paid, NVC will send the Instructions Package for Immigrant Visa Applicants (formerly known as Packet 3) to the agent.

The exact contents of the Instruction Packet will depend on where the applicant will be interviewed for a visa. Applicant should send the required documents as per the instructions.

• Depending upon your consulate, once NVC/consulate receives all required documents, usually, consulate will schedule an interview within 60 to 90 days, if the priority date is current. Consulate sends "Appointment Package for Immigrant Visa Applicants" (Formerly known as Packet 4) to the applicant.

• Applicant and all accompanying family members (spouse and children) need to go for medical examination.

• Applicant and all accompanying family members visit the consulate on the appointment day for an interview.

Ok..i already am past the point of NVC...as my time line and signature state. So my question really is which Affidavit of Support are we to use...I have heard confilicting stories about using the I-864 and the I-134.

My case is already at the US embassy in Joburg, so we are just waiting for packet three to be sent out, but I am leaving to go there in 19 days and I must make sure I am getting the correct forms gathered. So if you know any more about that please let me know. Joburg is known for getting interiew scheduled just days after they receive the checklist back from packet three, which is why I want to make sure I hae the right info so my hubby can come back with me!!!

[sunset_park 0]

My case is already at the US embassy in Joburg, so we are just waiting for packet three to be sent out, but I am leaving to go there in 19 days and I must make sure I am getting the correct forms gathered. So if you know any more about that please let me know. Joburg is known for getting interiew scheduled just days after they receive the checklist back from packet three, which is why I want to make sure I hae the right info so my hubby can come back with me!!!

OK! I hope this will help you:

You must use the enclosed envelope when returning the information. DS-2001 is a two-page optional form to be used by applicants or their agents to notify post or NVC that they are ready for interview. By sending the documents, you inform them that you have had all the documents for Consular Processing and you are ready for the interview, so they can schedule it as soon as they can. Also, provide biographic data so that they can do different checks. Once you have obtained all your documents and have completed the necessary forms:

1. Mail all requested information (only DS-230 Part I for Standard Review Consulates, all documents for Appointment Review Consulates) using the enclosed envelope.

2. The petitioner in your case has been sent instructions concerning completion of the Affidavit of Support (form I-864) and supporting documents needed for financial sponsorship. You may want to contact your petitioner to ensure that these documents are completed and returned to NVC as directed.

I-864, Affidavit of Support for Immigration

If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support.

I-864 is a legally binding commitment to act as the financial sponsor of the applicant, once he/she arrives in the United States and your financial responsibility continues until the applicant is either credited with 40 quarters (usually 10 years) of work or until he/she becomes US citizen.

Sponsor needs to fill form I-864, Affidavit of Support, for

• Applicants for family-based immigrant visas, including orphans(IR-4).

For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.

• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.

For employment-based immigrants, the petitioning relative or a relative with a significant ownership interest (5 percent or more) in the petitioning entity must be the sponsor. The term ''relative,'' for these purposes, is defined as husband, wife, father, mother, child, adult son or daughter, brother, or sister.

A sponsor, or joint sponsor, must be:

• A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;

• At least 18 years of age; and

• Domiciled in the United States or its territories and possessions.

I-864 is a complex form. You should take care in filling it as incomplete or incorrect form will not be accepted. You may enclose the affidavit of support and accompanying documents in a sealed envelope to be opened only by the designated Government official.

3. NVC will complete all necessary administrative processing of your immigrant visa application. You may be requested to provide additional information if you have incomplete or are missing documents.

4. This step is for Standard Review Consulates only. Once NVC has finished administrative processing, your immigrant visa file will be sent to the United States Embassy or Consulate. You will be notified by mail when this occurs.

5. Approximately one month before your scheduled interview appointment with a consular officer, you will receive an appointment letter containing the date and time of your visa interview along with instructions for obtaining a medical examination.

[nowthatimetu 0]

My case is already at the US embassy in Joburg, so we are just waiting for packet three to be sent out, but I am leaving to go there in 19 days and I must make sure I am getting the correct forms gathered. So if you know any more about that please let me know. Joburg is known for getting interiew scheduled just days after they receive the checklist back from packet three, which is why I want to make sure I hae the right info so my hubby can come back with me!!!

OK! I hope this will help you:

You must use the enclosed envelope when returning the information. DS-2001 is a two-page optional form to be used by applicants or their agents to notify post or NVC that they are ready for interview. By sending the documents, you inform them that you have had all the documents for Consular Processing and you are ready for the interview, so they can schedule it as soon as they can. Also, provide biographic data so that they can do different checks. Once you have obtained all your documents and have completed the necessary forms:

1. Mail all requested information (only DS-230 Part I for Standard Review Consulates, all documents for Appointment Review Consulates) using the enclosed envelope.

2. The petitioner in your case has been sent instructions concerning completion of the Affidavit of Support (form I-864) and supporting documents needed for financial sponsorship. You may want to contact your petitioner to ensure that these documents are completed and returned to NVC as directed.

I-864, Affidavit of Support for Immigration

If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support.

I-864 is a legally binding commitment to act as the financial sponsor of the applicant, once he/she arrives in the United States and your financial responsibility continues until the applicant is either credited with 40 quarters (usually 10 years) of work or until he/she becomes US citizen.

Sponsor needs to fill form I-864, Affidavit of Support, for

• Applicants for family-based immigrant visas, including orphans(IR-4).

For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.

• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.

For employment-based immigrants, the petitioning relative or a relative with a significant ownership interest (5 percent or more) in the petitioning entity must be the sponsor. The term ''relative,'' for these purposes, is defined as husband, wife, father, mother, child, adult son or daughter, brother, or sister.

A sponsor, or joint sponsor, must be:

• A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;

• At least 18 years of age; and

• Domiciled in the United States or its territories and possessions.

I-864 is a complex form. You should take care in filling it as incomplete or incorrect form will not be accepted. You may enclose the affidavit of support and accompanying documents in a sealed envelope to be opened only by the designated Government official.

3. NVC will complete all necessary administrative processing of your immigrant visa application. You may be requested to provide additional information if you have incomplete or are missing documents.

4. This step is for Standard Review Consulates only. Once NVC has finished administrative processing, your immigrant visa file will be sent to the United States Embassy or Consulate. You will be notified by mail when this occurs.

5. Approximately one month before your scheduled interview appointment with a consular officer, you will receive an appointment letter containing the date and time of your visa interview along with instructions for obtaining a medical examination.

Still not what I am asking...I know what the form is and such but there is a question of which one I shoul dbe using and that is my question..basically becasue I am a k3 vfisa which is working of the I-129F which is a nonimmigrant visa and the i -1864 is a form that applies to the immigrant visa filer....

Please can someone give me input.. I know what all the forms are I just don't know whihc one to use...

Thnaks

Still not what I am asking...I know what the form is and such but there is a question of which one I shoul dbe using and that is my question..basically becasue I am a k3 vfisa which is working of the I-129F which is a nonimmigrant visa and the i -1864 is a form that applies to the immigrant visa filer....

Please can someone give me input.. I know what all the forms are I just don't know whihc one to use...

[aussiewench 9]

sunset_park

You are relaying information only relevant to those going through the NVC process with an approved I-130 where the I-864 is required as the applicant is applying for a CR-1 interview. The OP is after information regarding the K-3 visa process which whilst is processed in a similar way to the immigrant visa (CR/IR) is a non-immigrant visa not subject to the same affidavit of support. Both the K visas will require the submission of an I-864 once they adjust status in the US.....not at the interview stage.

nowthatimetu

The I-134 is needed when an affidavit is used by the consulate/conof to determine if a K non-immigrant visa applicant will or wont become a public charge. The I-864 is for immigrant visas and adjustment of status cases in the US.

[nowthatimetu 0]

sunset_park

You are relaying information only relevant to those going through the NVC process with an approved I-130 where the I-864 is required as the applicant is applying for a CR-1 interview. The OP is after information regarding the K-3 visa process which whilst is processed in a similar way to the immigrant visa (CR/IR) is a non-immigrant visa not subject to the same affidavit of support. Both the K visas will require the submission of an I-864 once they adjust status in the US.....not at the interview stage.

nowthatimetu

The I-134 is needed when an affidavit is used by the consulate/conof to determine if a K non-immigrant visa applicant will or wont become a public charge. The I-864 is for immigrant visas and adjustment of status cases in the US.

Thanks so much. Do you happen to know if there is an I-134EZ form like there is for the I-864? If so do you know where I can find a link

[Mew 0]

Do you happen to know if there is an I-134EZ form like there is for the I-864? If so do you know where I can find a link

There isn't an EZ I-134 form.

[Chris and Mariana 0]

I understand your frustration. I have the exact same problem. I have spoken with the consulate in Costa Rica and they explained to me that each individual consular office decides what to require for Affidavid of support and supporting docs. The embassy would not tell me what I needed until they recieve my package which according to DHL was delivered yesterday. I have prepared specific questions for them rewguarding this very thing and should know in a few days. Again this is only specific to the embassy in Costa Rica. I will post on this forum when I get the answers....finally.

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

I will post my findings with the Costa Rican embassy when I get them in the next couple of days.

Chris

[nowthatimetu 0]

I understand your frustration. I have the exact same problem. I have spoken with the consulate in Costa Rica and they explained to me that each individual consular office decides what to require for Affidavid of support and supporting docs. The embassy would not tell me what I needed until they recieve my package which according to DHL was delivered yesterday. I have prepared specific questions for them rewguarding this very thing and should know in a few days. Again this is only specific to the embassy in Costa Rica. I will post on this forum when I get the answers....finally.

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

I will post my findings with the Costa Rican embassy when I get them in the next couple of days.

Chris

thanks so much... i look forward to seeing what they say you need..

Also how were you able to track the shipent as being delivered by DHL, did the NVC give you a tracking number?

Thanks!

[aussiewench 9]

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

Except, that an I-864 not be used for K non-immigrant visas. That is set down in the FAMM as a no no.

The I-134 when used for the K visa (as it isnt a requirement) is only done so to assist the conof in determining if the applicant will or wont become a public charge. It is also only one thing that a conof may use to determine such, hence why other documents other then what is set down in the instructions for the I-134 is often required. This varies between consulates and often they wont even inform you as to what is actually required as not every case is going to be the same and one should have evidence that pertains to their own circumstances. Some consulates request one to submit 3 years tax returns, others only one year. Some require only 100% of the poverty guidelines, some 125%. Most will allow a joint sponsor, some wont. What is needed as evidence for one that is a student will be different then what may be needed for one that is employed or self employed. You can be guided by what others have submitted to the same consulate and subsequently accepted, but that wont necessarily mean that one wont be asked for further evidence as pertains to ones own circumstances.

Also how were you able to track the shipent as being delivered by DHL, did the NVC give you a tracking number?

Thanks!

No, NVC doesnt give you a tracking number. See DHL tracking

[Yodrak 7]

Chris,

Yes, it does. See 9 FAM 41.81 Notes, N4b.

Observe that this rule is more than just policy, it is based on the INA.

Yodrak

...

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

....

Chris

[nowthatimetu 0]

Chris,

Yes, it does. See 9 FAM 41.81 Notes, N4b.

Observe that this rule is more than just policy, it is based on the INA.

Yodrak

...

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

....

Chris

What is the FAM? And a I ok with the I-134? I though tI had it answered but now I am confused again.. sorry it is only noon and I am drinking wine because this is too stressfull!!!!

I have a friend who did the k1 and is coming to the us now. But the packet 3 info (which yes I know is different than k3 packet 3) but they dont list as needing and he including says you need like the work letter and the bank letter and vaccination records...How would I have known to get all of this as well? Is there anyone who can post a list or I am sure there is one somewhere of additional docs need that are not listed on the packet 3...

I will repost this if I am not using correct etiquite (sp) sorry.

thanks

[aussiewench 9]

Chris,

Yes, it does. See 9 FAM 41.81 Notes, N4b.

Observe that this rule is more than just policy, it is based on the INA.

Yodrak

...

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

....

Chris

What is the FAM? And a I ok with the I-134? I though tI had it answered but now I am confused again.. sorry it is only noon and I am drinking wine because this is too stressfull!!!!

I have a friend who did the k1 and is coming to the us now. But the packet 3 info (which yes I know is different than k3 packet 3) but they dont list as needing and he including says you need like the work letter and the bank letter and vaccination records...How would I have known to get all of this as well? Is there anyone who can post a list or I am sure there is one somewhere of additional docs need that are not listed on the packet 3...

I will repost this if I am not using correct etiquite (sp) sorry.

thanks

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

(CT:VISA-756; 07-27-2005)

a. The following are documentary requirements for a K-1 or K-3 visa:

(1) The applicant must undergo the standard immigrant visa (IV) medical examination by a panel physician;

(2) A national crime information center (NCIC) namecheck must be done by the national visa center (NVC) for each applicant;

(3) The applicant must present police certificates, if required; and

(4) The applicant must present proof of relationship to the petitioner at the time of the interview.

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

[Yodrak 7]

Chris,

The State Department's Foreign Affairs Manual.

Yodrak

Chris,

Yes, it does. See 9 FAM 41.81 Notes, N4b.

Observe that this rule is more than just policy, it is based on the INA.

Yodrak

...

P.S. The USCIS or dept of state has no specific rules for consular offices issuing a visa with the I129 petition under a K-3 visa process in reguards to affidavit of support.

....

Chris

What is the FAM? .....

thanks