I134 vs. I864 for K Visas

[Rachel&Gagan 0]

Hello All!

This is our first post on VJ, we are just preparing for our interview. We asked our lawyer whether or not there is any language provided by the DoS about the fact that the I864 cannot be asked of a K visa applicant and this is what she gave us. At least with this going into the interview we know what the story is and if we are asked for the I864 we have a response ready.

Hopefully this helps at least a few people in the serious confusion around why some consulates (DELHI) ask K visa applicants for I864s!

http://www.state.gov/documents/organization/87391.pdf

Also this link, it's difficult to find but I did find it:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

Scroll down to Affidavits of Support on behalf of immigrants and click the link to the left, (8 CRF PART 213a) then click 213a.2 use of affidavit of support.

Here's the language, scroll down to see:

(2) (i) Except for cases specified in paragraph (a)(2)(ii) of this section, paragraph (a)(1) of this section applies to any application for an immigrant visa or for adjustment of status filed on or after December 19, 1997, in which an intending immigrant seeks an immigrant visa, admission as an immigrant, or adjustment of status as: (Corrected 12/3/97; 62 FR 64048 )

(A) An immediate relative under section 201(b)(2)(A)(i) of the Act, including orphans and any alien admitted as a K nonimmigrant when the alien seeks adjustment of status; (Revised effective 7/21/06; 71 FR 35732 )

(B) A family-based immigrant under section 203(a) of the Act; or

© An employment-based immigrant under section 203(b) of the Act, if a relative (as defined in 8 CFR 213a.1 ) of the intending immigrant is a citizen or an alien lawfully admitted for permanent residence who either filed the employment-based immigrant petition or has a significant ownership interest in the entity that filed the immigrant visa petition on behalf of the intending immigrant. An affidavit of support under this section is not required, however, if the relative is a brother or sister of the intending immigrant, unless the brother or sister is a citizen. (Revised effective 7/21/06; 71 FR 35732 )

I hope this is helpful guys!

I864 language.pdf

[Crazyaboutyou 0]

Hello All!

This is our first post on VJ, we are just preparing for our interview. We asked our lawyer whether or not there is any language provided by the DoS about the fact that the I864 cannot be asked of a K visa applicant and this is what she gave us. At least with this going into the interview we know what the story is and if we are asked for the I864 we have a response ready.

Hopefully this helps at least a few people in the serious confusion around why some consulates (DELHI) ask K visa applicants for I864s!

http://www.state.gov/documents/organization/87391.pdf

Also this link, it's difficult to find but I did find it:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

Scroll down to Affidavits of Support on behalf of immigrants and click the link to the left, (8 CRF PART 213a) then click 213a.2 use of affidavit of support.

Here's the language, scroll down to see:

(2) (i) Except for cases specified in paragraph (a)(2)(ii) of this section, paragraph (a)(1) of this section applies to any application for an immigrant visa or for adjustment of status filed on or after December 19, 1997, in which an intending immigrant seeks an immigrant visa, admission as an immigrant, or adjustment of status as: (Corrected 12/3/97; 62 FR 64048 )

(A) An immediate relative under section 201(b)(2)(A)(i) of the Act, including orphans and any alien admitted as a K nonimmigrant when the alien seeks adjustment of status; (Revised effective 7/21/06; 71 FR 35732 )

(B) A family-based immigrant under section 203(a) of the Act; or

© An employment-based immigrant under section 203(b) of the Act, if a relative (as defined in 8 CFR 213a.1 ) of the intending immigrant is a citizen or an alien lawfully admitted for permanent residence who either filed the employment-based immigrant petition or has a significant ownership interest in the entity that filed the immigrant visa petition on behalf of the intending immigrant. An affidavit of support under this section is not required, however, if the relative is a brother or sister of the intending immigrant, unless the brother or sister is a citizen. (Revised effective 7/21/06; 71 FR 35732 )

I hope this is helpful guys!

Rachel,

Congrats.. you must be excited...I had few questions for you in terms of PCC... let me know you would be available to respond.

Thanks