Montreal K-1 Requirement I-864?

[Matt.M 4]

I was looking through the generic checklist on Montreal's website and it also shows that the I-864 is required is that for immigrant visas or do they also want that form for the K-1 visa anyone that could help with experience will be appreciated

[payxibka 10,045]

k-1 is a non-immigrant visa

[Jamaica2009 4]

All my canadian friends say that Canada does not do the fiance visa K-1

[Penny Lane 8,159]

All my canadian friends say that Canada does not do the fiance visa K-1

What? Plenty of Canadians get a K1 visa.

As for the OP, Montreal only requires the I-134 for the interview. The I-864 is for AOS.

[pocheros 101]

Canada DOES do the K1 visa. I got one myself and I'm Canadian! The K1 uses the I-134, which is similar to the 864 but not the same. The 864 is for spouses. Later when you've entered the states and seek to adjust status you will use the 864. The checklist Montreal gives you is a little confusing because it lists things that spouses bring as well, but a K1 does not bring everything that a spouse brings. Check out the link in my signature, it's an extremely helpful guide for K1s going through Montreal. Any other Montreal specific questions you should post in the Canada regional forum because 99% of Canadians go through there and have a lot of experience with it (myself included.)

[HeatDeath 430]

The US consulates in Canada can most certainly issue K-1 visas. I got one. Where the confusion may arise is the division of roles between the two consulates that offer family-based visas - Vancouver and Montreal. Vancouver's visa unit can issue fiance visas to Canadian citizens who reside west of Ontario. Montreal's visa unit provides fiance visas for Canadian citizens living in Ontario or eastward. Additionally, Montreal's visa section is also the only US consulate in Canada that provides spousal visas. So anyone in Canada getting a spousal visa will interview in Montreal. Canadian K-1 visa applicants will interview in either Vancouver or Montreal, depending on where in Canada they live.

Regarding affidavits of support:

The I-134 is the affidavit of support required for non-immigrant visas. The I-864 is the affidavit of support required for immigrant visas. The I-864 is a much stronger (legally speaking) document, makes greater demands on the petitioner, and is much more enforceable than an I-134. It has more "teeth", so to speak.

The I-134 and I-864 both have lists of evidence and documents they need. The I-864 requires almost everything the I-134 does, plus several additional documents.

The advice I received when I was preparing for my K-1 consulate interview was to bring in everything the I-134 required (obviously), PLUS all of the additional material an I-864 would require.

The reason being that the K-1 fiance visa is an odd hybrid between a non-immigrant visa and an immigrant visa. It is a non-immigrant visa that allows immigrant intent. Consequently, some consular officers may feel more comfortable issuing the visa if they can see that the financial requirements for an immigrant visa are also being unambiguously met. Since officer's discretion is a non-trivial part of getting a visa approval, it behooves us to make sure the consular officer feels as comfortable as possible.

Edited January 8, 2012 by HeatDeath

[Matt.M 4]

Thank you guys so much for the help. This site is really great and the people are wonderful!