Question about I-864

[patrickhargs 0]

Hello everyone,

I recently got out of the military and I'm going to school using the Post 9/11 GI Bill. During the semester I receive a monthly Housing allowance. With my housing allowance and my part time job I make more than the 125% poverty guideline. But without my housing allowance I don't make enough.

Can I include my Housing allowance as a source of income on the I-864 and, if so, how can I show proof of it? Would I just give them copies of my bank statements showing the direct deposits? Other than that, I don't get anything in the mail from them. The money is just deposited directly into my account and that's it.

[Hank_ 9,174]

It is part of your current income so I would say YES. You should have a letter from the VA stating what you receive, make a copy of that. My VA is direct deposited but I did get a benefits letter from the VA.

Edited July 8, 2014 by Hank_

[KayDeeCee 4,893]

Isn't the I-134 used for the K-1 visa interview in Manila and not an I-864?

[Elizabeth+Fred 35]

Isn't the I-134 used for the K-1 visa interview in Manila and not an I-864?

Not just for Manila, but always for K-1 I-129F petitions. The I-864 isnt needed until AOS.

[KayDeeCee 4,893]

Not just for Manila, but always for K-1 I-129F petitions. The I-864 isnt needed until AOS.

Not new. I know about the process and when an I-134 is needed and when an I-864 is needed.

You are not entirely correct in your statement to me though. Some consulates do sometimes request an I-864, even for the K-1 visa. I asked because the person is going through Manila and Hank_(VJ member that gives out the most advice for Manila) did not mention they should use an I-134 instead.

[patrickhargs 0]

My wife is actually applying for AOS. Sorry for the confusion.

[KayDeeCee 4,893]

My wife is actually applying for AOS. Sorry for the confusion.

Ah ha! It all comes together and makes sense now. Going to move this to the correct forum. If you get a chance, could you update your timeline so we know where you are in the process?

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Edited July 9, 2014 by KayDeeCee

[patrickhargs 0]

Haha yeah I will. Sorry about that.

[patrickhargs 0]

Haha yeah I will. Sorry about that.

[Elizabeth+Fred 35]

Not new. I know about the process and when an I-134 is needed and when an I-864 is needed.

You are not entirely correct in your statement to me though. Some consulates do sometimes request an I-864, even for the K-1 visa. I asked because the person is going through Manila and Hank_(VJ member that gives out the most advice for Manila) did not mention they should use an I-134 instead.

Apologies.... I do know you're not exactly new here... I am That's why it surprised me!

It has been my understanding that for just the K-1 petition (so, the initial step, which is then valid for 90 days) they require the I-134

and then, when filing for AOS, the more formal I-864 is needed.

Anyway, if Manila indeed requires the 864... so be it. I guess this IS up to the consulate/embassy in the end...

Looks like a moot point anyway: OP just mentioned that this is for AOS, and then it's an 864

--fred

[KayDeeCee 4,893]

Apologies.... I do know you're not exactly new here... I am That's why it surprised me!

It has been my understanding that for just the K-1 petition (so, the initial step, which is then valid for 90 days) they require the I-134

and then, when filing for AOS, the more formal I-864 is needed.

Anyway, if Manila indeed requires the 864... so be it. I guess this IS up to the consulate/embassy in the end...

Looks like a moot point anyway: OP just mentioned that this is for AOS, and then it's an 864

--fred

For the most part it is the I-134 for the K-1 and the I-864 for AOS. Some consulates have asked for an I-864 anyway though. Not from all, just for certain cases, usually for a joint sponsor. The I-134 is not legally binding, so at times they will ask for the legally binding I-864 from the joint sponsor before they will approve the K-1 visa.