I-134 and I-864 Affidavit of Support

[Tyler & Tina 0]

So we can be better prepared I have been going through all the paper work to obtain a 129F visa for my fiance.

I read the rules for the I-134 and I-864 Support forms. The are pretty hard and fast. I do not want to sound negative about my Fiance or myself but are these forms enforceable. God forbid this but if things did not workout for us and we divorced I could be on the hook for along time to support her.

Any ideas on these forms?

[payxibka 10,045]

So we can be better prepared I have been going through all the paper work to obtain a 129F visa for my fiance.

I read the rules for the I-134 and I-864 Support forms. The are pretty hard and fast. I do not want to sound negative about my Fiance or myself but are these forms enforceable. God forbid this but if things did not workout for us and we divorced I could be on the hook for along time to support her.

Any ideas on these forms?

It is possible

[Yodrak 7]

Tyler & Tina,

Yes, I-864 will put you "on the hook" for a long time. You can be sued to get you to perform, although instances of that happening are very few and far between.

Yodrak

So we can be better prepared I have been going through all the paper work to obtain a 129F visa for my fiance.

I read the rules for the I-134 and I-864 Support forms. The are pretty hard and fast. I do not want to sound negative about my Fiance or myself but are these forms enforceable. God forbid this but if things did not workout for us and we divorced I could be on the hook for along time to support her.

Any ideas on these forms?

[Kez/JWolf 6]

Yes they are enforceable... you would be held reponsible for her until she had worked for 40 quarters (10 years) or has become a citizen....

Kez

[Tyler & Tina 0]

Yes they are enforceable... you would be held reponsible for her until she had worked for 40 quarters (10 years) or has become a citizen....

Kez

I read today that the I-134 is not enforceable but the AOS I-864 is.

[TracyTN 237]

Yes they are enforceable... you would be held reponsible for her until she had worked for 40 quarters (10 years) or has become a citizen....

Kez

I read today that the I-134 is not enforceable but the AOS I-864 is.

Since adjustment of status (and the I 864) is the next step that a K1 visa holder embarks upon when they arrive in the states, the fact that the I 134 may not be enforceable doesn't really matter, does it?

[lucyrich 20]

Yep, the I-134 is not enforceable, but the I-864 is, and it's a necessary step in the process. It's not often enforced between the immigrant and USC petitioner, but it can be and has been. And the threat of enforcement may also have some influence in what kind of alimony settlement people agree to even in cases where it's not explicitly enforced.

Note that it only terminates when one of four things happens: The alien dies, the alien leaves the US permanently, the alien becomes a US Citizen, or the alien can be credited with 40 quarters of work for social security purposes. The only one of those four things that is certain to eventually happen is death, so it can literally turn into a lifetime obligation. Divorce doesn't terminate the I-864.

Also note that, under social security rules, while a person is married, he/she is credited with both spouse's work quarters. Therefore, if both spouses are working continuously and they stay married, the affidavit could terminate in five years due to the 40 quarters provision, not the oft-quoted ten years. Divorce would mean that only the quarters actually worked by the alien (plus those worked by the alien's future spouse, if any) would be credited, so in many cases, divorce would lengthen the time the affidavit would remain in effect.