Affidavit Support Literature

[Cyn&Alex 2]

So there seems to be a debate that I would like to set straight. Due to some literature reading on the subject we found this statement (found on another immigration website) to be misleading. It states that the Affidavit of Support is not legally binding to the support of your fiance and their stay in the US....... So what does that mean and then why do we have to sign a gov't form stating that we are going to take full financial responsibility for your spouse while they are here? I mean I am a woman of logic and find this just, well, yeah, a dumb statement. Please by all means give me some clarity to settle this? Thanks.

[Que Saudade 284]

It is my understanding that it becomes fully enforceable after GC in hand. Hope someone can confirm or deny this.

[Sabrina81 2]

It is my understanding that it becomes fully enforceable after GC in hand. Hope someone can confirm or deny this.

[amykathleen2005 441]

The I-134 that many consulates have you fill out is not legally binding. the I-864 is.

According to the directions for the form the "consideration" for the contract between you and the US gov is him or her becoming a permanent resident.

Edited August 1, 2012 by amykathleen2005

[Darnell 8,478]

there are 2.

The I-134 for a K-1 visa is not enforceable,

and the I-864, used for a green card and IR/CR visas, is enforceable.

[Sabrina81 2]

Yes, the Sponsor of the AOS is responsible by law financially for the beneficiary no matter what by signing it.

[Anh map 2,098]

So there seems to be a debate that I would like to set straight. Due to some literature reading on the subject we found this statement (found on another immigration website) to be misleading. It states that the Affidavit of Support is not legally binding to the support of your fiance and their stay in the US....... So what does that mean and then why do we have to sign a gov't form stating that we are going to take full financial responsibility for your spouse while they are here? I mean I am a woman of logic and find this just, well, yeah, a dumb statement. Please by all means give me some clarity to settle this? Thanks.

Read the sponsor's contract on the form I-864. That should address your question(s).

[Cyn&Alex 2]

The I-134 that many consulates have you fill out is not legally binding. the I-864 is.

According to the directions for the form the "consideration" for the contract between you and the US gov is him or her becoming a permanent resident.

Thank you, now that makes sense.

[KayDeeCee 4,893]

So there seems to be a debate that I would like to set straight. Due to some literature reading on the subject we found this statement (found on another immigration website) to be misleading. It states that the Affidavit of Support is not legally binding to the support of your fiance and their stay in the US....... So what does that mean and then why do we have to sign a gov't form stating that we are going to take full financial responsibility for your spouse while they are here? I mean I am a woman of logic and find this just, well, yeah, a dumb statement. Please by all means give me some clarity to settle this? Thanks.

Once the beneficiary is in the US and married to the petitioner, they must then file to adjust their status to permanent resident. The I-864 affidavit of support form is used at that time, and it is a legally binding contract for sponsorship. This is a reason the consulates follow the guidelines for the I-864 when reviewing the I-134 and financial documents at the K-1 interview.

Adjudicator's Field Manual - 30.8 Affidavits of Support for Nonimmigrants: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-9543/0-0-0-10124.html#0-0-0-722

This post has good information on the topic: http://www.visajourney.com/forums/topic/300131-the-i-134affidavit-of-support-is-not-a-legally-binding-affidavit/page__view__findpost__p__4539587

[Cyn&Alex 2]

Once the beneficiary is in the US and married to the petitioner, they must then file to adjust their status to permanent resident. The I-864 affidavit of support form is used at that time, and it is a legally binding contract for sponsorship. This is a reason the consulates follow the guidelines for the I-864 when reviewing the I-134 and financial documents at the K-1 interview.

Adjudicator's Field Manual - 30.8 Affidavits of Support for Nonimmigrants: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-9543/0-0-0-10124.html#0-0-0-722

This post has good information on the topic: http://www.visajourney.com/forums/topic/300131-the-i-134affidavit-of-support-is-not-a-legally-binding-affidavit/page__view__findpost__p__4539587

Thank you this helps immensely. I had combined my info on the two Affidavits apparently. I needed some back up info to support my side that it is in fact important and yes I WILL BE held responsible when he arrives here. We plan to go get married and file AOS asap. Thanks for the clarification. I now understand that the I-134 is not binding me, but that was never the argument just that I will be solely responsible until employment can be his. Just needed the extra back up to my point. Thank you.