why

[Rube y Rocio 0]

on the I-34 affidavit of support, I am confused about question 5 "That I am ready and willing to deposit a bond,f necessary, to guarantee that such person will not ecome a public charge during his or her stay in the united tates or to guarantee that the above named person will maintain his or her nonimigrant status, if admitted temporarily and will depart prior to the expiration of his or her authorized stay in the united states."

I understand that this affidavit of support is for other visas. but if I signed this wouldn't that mean I promise that my fiancee would remain a nonimigrant status and leave the US after three months of being here? because the fiance visa is in fact a nonimigrant visa. she doesn't become an imigrant until after we apply for AOS and get her green card. it sounds a bit contradicting to me. that would kind of defeat my purpose of getting married here in the USA.

so my real question is shouldn't there be a different form for k-1 visa applicants? I have also noticed that some vj members didn't have to have an affidavit of support. I hope i will have the same luck also. one less form to fill out and fret over if i filled everything in properly.

Edited November 24, 2006 by rothrube

[PlatyPius 5]

on the I-34 affidavit of support, I am confused about question 5 "That I am ready and willing to deposit a bond,f necessary, to guarantee that such person will not ecome a public charge during his or her stay in the united tates or to guarantee that the above named person will maintain his or her nonimigrant status, if admitted temporarily and will depart prior to the expiration of his or her authorized stay in the united states."

I understand that this affidavit of support is for other visas. but if I signed this wouldn't that mean I promise that my fiancee would remain a nonimigrant status and leave the US after three months of being here? because the fiance visa is in fact a nonimigrant visa. she doesn't become an imigrant until after we apply for AOS and get her green card. it sounds a bit contradicting to me. that would kind of defeat my purpose of getting married here in the USA.

so my real question is shouldn't there be a different form for k-1 visa applicants? I have also noticed that some vj members didn't have to have an affidavit of support. I hope i will have the same luck also. one less form to fill out and fret over if i filled everything in properly.

I'm no lawyer or immigration expert, but.....

You are applying for a K1/Fiance visa, which is a non-immigrant visa. For the support part, you submit a I-134 to show your ability to support your fiance. Once you are married, the fiance is no longer a non-immigrant. As such, you then submit (along with everything else) the I-864 affidavit of support, which is much more involved than the I-134.

So, realistically, the I-134 is simply a temporary support document, when applied to a K1. As for the wording concerning the fiance returning to his/her home country.... if y'all don't get married in 90 days, that will have to happen anyway, won't it?

Also, please note:

"...during his or her stay in the United States or to guarantee that the..."

[YuAndDan 153]

I'm no lawyer or immigration expert, but.....

You are applying for a K1/Fiance visa, which is a non-immigrant visa. For the support part, you submit a I-134 to show your ability to support your fiance. Once you are married, the fiance is no longer a non-immigrant. As such, you then submit (along with everything else) the I-864 affidavit of support, which is much more involved than the I-134.

So, realistically, the I-134 is simply a temporary support document, when applied to a K1. As for the wording concerning the fiance returning to his/her home country.... if y'all don't get married in 90 days, that will have to happen anyway, won't it?

Also, please note:

"...during his or her stay in the United States or to guarantee that the..."

Correct, the I-134 is used for many other non-immigrant visas other than K visas. The part about a bond could be used by an organization or corporate sponsor where actual income may not be easily indicated. The organization or corporate sponsor may be sponsoring a temporary visitor on a business, or other type of visitors visa.

When used for K visas, the sponsor tends to rely more on income, and some assets to show ability to support the non-immigrant K visa holder.

[Rube y Rocio 0]

i just felt like complaining about the wording on the form. nothing serious. because, in reality, i dont guarantee that she will keep her non-imigrant status and leave the country prior to the expiration of the visa. I want her to stay here with me forever. and be a happy family together.

thanks YuandDan i didn't know that about the corporate sponsor bond info.