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Filed: AOS (apr) Country: Canada
Timeline
Posted

As a K1 you only need the I-134 and its supporting evidence at the interview. The 864 is for AOS. It's a bit late to gather stuff but at minimum you need your fiance's last year's tax return or tax transcript.

Filed: K-1 Visa Country: Canada
Timeline
Posted

As a K1 you only need the I-134 and its supporting evidence at the interview. The 864 is for AOS. It's a bit late to gather stuff but at minimum you need your fiance's last year's tax return or tax transcript.

I have i134 letter from his employer And past 3 u

Years taxes. Was on bus to Montreal when I heard I might need the other. And I being paranoid panicked. We can't afford to be delayed any longer.

Filed: AOS (apr) Country: Canada
Timeline
Posted

I have i134 letter from his employer And past 3 u

Years taxes. Was on bus to Montreal when I heard I might need the other. And I being paranoid panicked. We can't afford to be delayed any longer.

Well, you sound good to go. No reason to worry. :)

Posted

I had my interview on Monday and they asked for the I-864 and the I-134, so that's what I gave, I was also thinking that they needed it just for the AOS, but had it just in case..

http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas/appointment-checklist.html

If you go down, it says EVIDENCE OF SUPPORT (I-864)

Filed: AOS (apr) Country: Canada
Timeline
Posted

The checklist addresses BOTH K1s and IR1/CR1s. Additionally, current hardcopy Packet 3's and Packet 4's indicate the I-134 is needed for K1s.

I think that Montreal has again (this week) updated the P3 checklist so this point may now be moot, but I did get a response back from them via email, so I thought I should post. I asked whether it was the I-864 or I-134 that was needed for the K1 visa.

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Me: I have been gathering documentation in preparation for my interview for a K1 visa at the Montreal consulate. Up until 10 days ago, the required Support documentation was listed as the I-134, but now the checklist for the interview (in the Packet 3 documentation) lists the I-864, I-864A, I-864EZ, or I-864W. Could you please confirm that the I-134 is no longer acceptable for the K1 visa process and that the I-864 is what is now required?

Response:

We thank you for your message. Please kindly be informed that the Affidavit of Support applicable to your visa category is the I-134. We hope this information is helpful to you.

This an e-mail CADreamer sent to Montreal in February.

Of course, this does not discount the fact that Montreal can request the 864 from a K1 if they want. They could also request photos of your fiance's paternal great-grandmother's second cousin. They are following guidelines and are allowed to request evidence above and beyond those guidelines if they want. However, that does not mean it's standard procedure.

Whether or not this is becoming standard procedure is yet to be seen, I suppose. Looking through recent K1 Montreal interviews it's not noted whether or not the financial support consisted of either the I-134 or the I-864. However it seems like this confusion stems from an omission (probably by mistake) on Montreal's website and thus is not official.

That said it seems like the I-864 is not required of K1s except in special cases. Maybe we should start a poll to clear up this confusion. :blink:

Filed: K-1 Visa Country: Canada
Timeline
Posted

I agree that they can ask for whatever is listed. but I dont know how to fill out I-864 form once the questions dont match with our situation once were engaged and not married.

First question on this form says about sponsoring a relative, the only once that could fit our case, but I am not related to my fiance... also theres another that says about size of household.. Add together lines and enter the number here. Household Size:... Would he count me too and add number 2 as final answer?

I have no idea how this form would work for K1, please help me to understand how to fill out this form :bonk:

Thanks,

Cam & Ellie

Filed: AOS (apr) Country: Canada
Timeline
Posted

I have not filled out the 864 yet as I have not AOSed, but there are example forms here http://www.visajourney.com/content/examples I don't really have an opinion on whether or not a K1 should bring it anymore...

  • 3 months later...
Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

The I-134 with documentation is what you need. Montreal can technically request anything from anyone at the interview but 99% of the time a K1 only has to produce an I-134 with supporting documentation (most importantly the last 3 years tax returns or tax transcripts, in addition to things like pay stubs and a letter from an employer, etc.) The reason there is so much confusion over these forms is because Montreal does not list the I-134 on their website under documents for K1s to bring; this is because the K1 is technically a non-immigrant visa but it directs you to a page that lists documents that immigrant visas (like the CR/IR1) are required to bring since the K1 brings similar documents; as spousal visas are immigrant visas they require the 864 but the K1 is not the same. Packet 3/4 state that K1s bring I-134s, not 864s; if you search for the most recent PDF of packet 3/4 on Montreal it should list the I-134.

Long story short: fiances brings I-134s and spouses bring 864s. K1 will fill out 864 when they adjust their status.

Edited by pocheros
 
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