few questions about the I-864

[Peter24son 3]

Hello,

My wife came here on the K-1 visa. We have since been married and we are filing our AOS (I-864 included.) Do I need to file another I-864 even if I already filed one with her petition for the K-1? Also, we are supposed to file it within the 90 days correct? Is it a big deal if it is one or two weeks after that? Thanks!

[aleful 1,905]

hi

you flied the i134 that was for the K1 visa, that affidavit was terminated, now you need to file the i864 for the adjustment of status, this is the legally binding one

you don't have to file within the 90 days, you just have to get married, but the sooner you file the better

[MJandJON 1]

Yes you need to file a new I864 with its supporting documents when you send your Adjustment of status. There is no time limit for the AOS, others filed in a year but it is surely better to file as soon as possible so she can work

[Dave&Roza 748]

Hello,

My wife came here on the K-1 visa. We have since been married and we are filing our AOS (I-864 included.) Do I need to file another I-864 even if I already filed one with her petition for the K-1? Also, we are supposed to file it within the 90 days correct? Is it a big deal if it is one or two weeks after that? Thanks!

First, whether you filed the I-134 or the I-864 for the K-1 visa, that was for the K-1 visa issued by the Embassy in Brazil. You are now completing a form that holds you financially responsible for your foreign spouse should they obtain means tested benefits from the US government. If you did complete the I-864 for the K-1, make copies of all that information and submit it again with an updated form. That is one reason it is highly recommended to keep copies of everything done during this process as there is a lot of repeating of items and having copies speeds up the process. Tax transcripts for the most recent tax year is required and two previous years are recommended.

There is no time limit to file the AOS, but the sooner you file the sooner your wife can work, and leave and re-enter the US, and start her new life with proper documentation. The only requirement you had was to get married within 90 days--you have done that. The K-1 is closed.

Good luck,

Dave