Which form?

[pendleton_boy 0]

I am confused....... ......I sent an email to the US Embassy in Manila asking them which form they required so I could fill it out and prepare to send it.....this was the correspondence between me and the embassy....

To whom it may concern:

My name is Gordon Krom. I live in Oregon, USA. I am petitioning for my

wife that I married there. I just sent my I-130 to Nebraska last week.

I

have a question that I hope you can answer. Some Consulates require the

I-134 and some require the I-864. Which does your's require? Just so I

can have a head's up start on gathering the information. Thank you for

your time. It is greatly appreciated.

Gordon Krom

The Form I-864 Affidavit of Support (AOS) is required if the applicant

will be applying for an immigrant visa (IR1/CR1). If your wife will be

applying for a K3 nonimmigrant visa, then you will have to submit the

Form I-134 Affidavit of Support, on her behalf.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

Manila, Philippines

Telephone: (632) 528-6300

Fax: (632) 338-4129

Now?........If I married my wife in the Philippines is she considered a "nonemigrant"? or an "immigrant"? I feel like my question wasn't answered...She is still in th Philippines, of course, so which form do I process?

[payxibka 10,047]

I am confused....... ......I sent an email to the US Embassy in Manila asking them which form they required so I could fill it out and prepare to send it.....this was the correspondence between me and the embassy....

To whom it may concern:

My name is Gordon Krom. I live in Oregon, USA. I am petitioning for my

wife that I married there. I just sent my I-130 to Nebraska last week.

I

have a question that I hope you can answer. Some Consulates require the

I-134 and some require the I-864. Which does your's require? Just so I

can have a head's up start on gathering the information. Thank you for

your time. It is greatly appreciated.

Gordon Krom

The Form I-864 Affidavit of Support (AOS) is required if the applicant

will be applying for an immigrant visa (IR1/CR1). If your wife will be

applying for a K3 nonimmigrant visa, then you will have to submit the

Form I-134 Affidavit of Support, on her behalf.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

Manila, Philippines

Telephone: (632) 528-6300

Fax: (632) 338-4129

Now?........If I married my wife in the Philippines is she considered a "nonemigrant"? or an "immigrant"? I feel like my question wasn't answered...She is still in th Philippines, of course, so which form do I process?

Status depends on which visa she arrives on....

K-3 is a non immigrant visa

IR1/CR1 are immigrant visas

[john_and_marlene 162]

It depends. You can submit an I-129F after you get the receipt from the I-130 if you want to try to bring your spouse to the U.S. on a K-3 before the CR-1 visa is complete. If the K-3 is complete before the CR-1 you will need the I-134 since the K-3 is a nonimmigrant visa. If you don't file for the K-3 or if the CR-1 processing finishes before the K-3 and you interview for the CR-1 visa, you will need the I-864.

[lquin 0]

It depends. You can submit an I-129F after you get the receipt from the I-130 if you want to try to bring your spouse to the U.S. on a K-3 before the CR-1 visa is complete. If the K-3 is complete before the CR-1 you will need the I-134 since the K-3 is a nonimmigrant visa. If you don't file for the K-3 or if the CR-1 processing finishes before the K-3 and you interview for the CR-1 visa, you will need the I-864.

They have answered your question, they are saying that it depends on the route that you are following.. i.e if you are applying for a CR-1/IR-1 then use and I-864 and if following a K-3 use the other..

You should know which visa you are filling form therefore can determine which form you should submit

Good luck on the rest of your journey

[YuAndDan 153]

K visas are considered to be non-immigrant visas due to their nature, it allows a person to "visit" the United States, and when in the U.S.A. they can then Adjust Status from a "Visitor" to an immigrant "Legal Permanent Resident".

The I-134 is required for Non-Immigrant interviews (K visas), at the consulate then later at the Adjustment of Status interview in the states to be come LPR and get the Green Card, the I-864 form is provided at AOS interview in the states.

If the interview at the consulate is for a CR-1 visa there will be no Adjustment of Status in the states so the Legally Binding I-864 form is required at the consulate interview. A person then enters the USA as a Legal Permanent Resident or Immigrant. And will get the 2 year conditional green card.

You asked a question of the consulate and they gave you a clear answer I-134 for K visas and I-864 for CR-1 visa.

[Yodrak 7]

pendleton_boy,

They answered your question very clearly - I-134 for a K nonimmigrant visa and I-864 for an IR1 or CR1 immigrant visa. Which visa will she apply for? The fact that you married her in the Philippines does not determine this.

Yodrak

....

"The Form I-864 Affidavit of Support (AOS) is required if the applicant

will be applying for an immigrant visa (IR1/CR1). If your wife will be

applying for a K3 nonimmigrant visa, then you will have to submit the

Form I-134 Affidavit of Support, on her behalf."

Now?........If I married my wife in the Philippines is she considered a "nonemigrant"? or an "immigrant"? I feel like my question wasn't answered...She is still in th Philippines, of course, so which form do I process?

Edited November 3, 2006 by Yodrak

[pendleton_boy 0]

I guess I am confused then, between the 2 visas....Which processes faster?...And, Which requires additional paperwork when she arrives here in the US....If there is a link here on VJ that explains the differences please direct me there. Thank you.

pendleton_boy,

They answered your question very clearly - I-134 for a K nonimmigrant visa and I-864 for an IR1 or CR1 immigrant visa. Which visa will she apply for? The fact that you married her in the Philippines does not determine this.

Yodrak

....

"The Form I-864 Affidavit of Support (AOS) is required if the applicant

will be applying for an immigrant visa (IR1/CR1). If your wife will be

applying for a K3 nonimmigrant visa, then you will have to submit the

Form I-134 Affidavit of Support, on her behalf."

Now?........If I married my wife in the Philippines is she considered a "nonemigrant"? or an "immigrant"? I feel like my question wasn't answered...She is still in th Philippines, of course, so which form do I process?

[YuAndDan 153]

I guess I am confused then, between the 2 visas....Which processes faster?...And, Which requires additional paperwork when she arrives here in the US....If there is a link here on VJ that explains the differences please direct me there. Thank you.

http://www.visajourney.com/forums/index.ph...mp;page=compare