I-134 vs I-864

[R2NALD 0]

Hello vje'rs!!!

So, i've tried to findthe answer to my question but i didn't find it so...

We are going to get married in usa soon.She's a usc, i'm french.

We are going to do then dcf from Paris embassy

She lives in the us, i live here in france...

Witch form do we have to use for the affadavit the I-134 or the I-864?.

Thank you!!!

[john_and_marlene 162]

Hello vje'rs!!!

So, i've tried to findthe answer to my question but i didn't find it so...

We are going to get married in usa soon.She's a usc, i'm french.

We are going to do then dcf from Paris embassy

She lives in the us, i live here in france...

Witch form do we have to use for the affadavit the I-134 or the I-864?.

Thank you!!!

I-864

[YuAndDan 153]

I-864

Correct, since you are doing a DCF this is considered to be an immigration visa petition which requires the I-864.

[R2NALD 0]

I-864

Correct, since you are doing a DCF this is considered to be an immigration visa petition which requires the I-864.

Thanks a lot!!!!!!!!!!

[opeth 0]

I-864

Correct, since you are doing a DCF this is considered to be an immigration visa petition which requires the I-864.

Thanks a lot!!!!!!!!!!

And i forgot, i only need one year tax? Not three anymore?

[homesick_american 1]

I-864

Correct, since you are doing a DCF this is considered to be an immigration visa petition which requires the I-864.

Thanks a lot!!!!!!!!!!

And i forgot, i only need one year tax? Not three anymore?

I (the petitioner) filled in an I-864 and was asked for only my 2005 tax return even though the document clearly stated that they wanted to see three years. I would say gather the last three years' tax returns (they should all be filed safely in the same place anyway) just to be on the safe side. You guys wouldn't want to roll up to the interview with only the 2005 1040 just to be told they want to see 2003 and 2004.

When in doubt, I would say go with the requirement that asks for MORE information, not less, i.e. if you get conflicting information about how many years of tax returns are required, always go with the higher (more demanding) figure of 3 years instead of the apocryphal figure of 1, which seems to pop up occasionally (as it did for us).

I get the impression that they asked me for 1 year of returns because we are doing a DCF and I live in the UK along with my British husband. Since I live outside of the United States I was told my income cannot actually be counted on the I-864. We satisfied that requirement with assets (i.e. our house) instead of income (even though we both work). I brought tax returns from 2002 onwards, but was asked only for 2005.

[Yodrak 7]

homesick_american,

More likely it's because in June the USCIS issued a (long overdue) Final Ruling regarding affidavits of support that had some changes from the Interim Ruling that had been in effect since the creation of the I-864. One of the changes was that only the 1 most recent tax return is required.

The DoS quickly adopted the ruling.

Yodrak

I (the petitioner) filled in an I-864 and was asked for only my 2005 tax return even though the document clearly stated that they wanted to see three years. ....

I get the impression that they asked me for 1 year of returns because we are doing a DCF and I live in the UK along with my British husband. ....

[homesick_american 1]

homesick_american,

More likely it's because in June the USCIS issued a (long overdue) Final Ruling regarding affidavits of support that had some changes from the Interim Ruling that had been in effect since the creation of the I-864. One of the changes was that only the 1 most recent tax return is required.

The DoS quickly adopted the ruling.

Yodrak

I (the petitioner) filled in an I-864 and was asked for only my 2005 tax return even though the document clearly stated that they wanted to see three years. ....

I get the impression that they asked me for 1 year of returns because we are doing a DCF and I live in the UK along with my British husband. ....

Well Yodrak, that explains it. That wasn't the only rule they changed between us filing the I-130 and us having our interview, that's for damn sure.