k1 Visa - You dont marry within 90 days and don't plan on trying to do AOS

[VOL 425]

I have read on this site if your fiancé flees within 90 days then you are no longer responsible for them financially.

Then what was the point of doing a I-134 form and taking it to the interview at the Embassy?

[NikLR 13,227]

To make sure that the eventual legally binding i-864 has someone/someones to cover it.

[VOL 425]

If the I 864 is legally binding , then why isn't the I-134?

[belinda63 3,038]

The I-134 only covers the period of time of the entry on the K-1 visa. The K-1 is considered a non-immigrant visa and after 90 days the immigrant should have married and filed to AOS or left the country. When you file to AOS you file the I-864 which binds you to the terms until certain conditions are met. But not to worry as it is very rare that the sponsor is held financially accountable.

[Umka36 781]

The I-134 only covers the period of time of the entry on the K-1 visa. The K-1 is considered a non-immigrant visa and after 90 days the immigrant should have married and filed to AOS or left the country. When you file to AOS you file the I-864 which binds you to the terms until certain conditions are met. But not to worry as it is very rare that the sponsor is held financially accountable.

To say not to worry is a bit disingenuous to the US residents that ultimately would have to cover the costs. Why immigrate someone if you don't really intend to be financially responsible for the person you are petitioning.

[rlogan 2,036]

Why immigrate someone if you don't really intend to be financially responsible for the person you are petitioning.

Well for that matter after you have signed a form saying you are accepting financial responsibility... to have it come as a surprise you are financially responsible seems a bit baffling, but we see it expressed. We can think it isn't fair, especially if they are stripping for cash and not reporting the income or something (we've seen that on this page). Well, if you signed, it's fair whether you got screwed or not by her.

When I did it I knew it was a risk, not meaning I thought my wife was going to flee, but that anyone like me signing the form had to see that as a possibility. So if you have any doubts about your partner's intentions this seems a good reason for more caution than with a domestic marriage. Speaking to both forms we sign.

[Boiler 45,525]

My understanding is that it was supposed to be binding but the Courts held it was not.

[Pianist27 31]

My understanding is that it was supposed to be binding but the Courts held it was not.

Link? That would be surprising. Or are you just referring to the I-134?

For the I-864 (used when adjusting status), at least one court held that the affidavit granted a level of individual support to a divorced spouse. http://www.visajourney.com/forums/topic/368751-divorce-and-the-i-864/

[Boiler 45,525]

This thread is about the I 134.

[zinger143 3]

If you don’t get married within the 90 days then you can’t adjust their status, and they can’t legally stay in the country anymore. If they were found to be here by authorities they could deport them and it would not be on you financially to supply their way home.

As NLR stated the I-134 makes sure that you are able to be their sponsor or have someone to co-sponsor with you before you file AOS and have to fill out the I-864. Imagine if you brought them up here, married them, and then while trying to AOS you find out you don’t meet the requirements for the I-864 and they had to go home? Your first question would be why someone didn’t tell you that at the beginning before you started the whole process…. Enter the I-134.

[Boiler 45,525]

134 and 864 are separate issues.

[Villanelle 4,122]

the original question is multi part-

1 if your fiancé flees within 90 days then you are no longer responsible for them financially.

2what was the point of doing a I-134 form and taking it to the interview at the Embassy?-

So number 1, The wording on number 1 is funny. Belinda explained number 1 best. The 134 covers the 90 days the non immigrant visa is valid for. Doesnt matter if the fiance is living with you or fled your home in anger/fear/fraud etc. Once the 90 days is up the 134 is up as well.

So number 2 what was the point of it? Um hello, who was going to cover those 90 days? Yes, the K1 is the most ridiculous contradictory visa out there. Its labeled believe it or not as a non immigrant visa. Because technically you are immigrating here with no idea as to what is for certainty going to happen. Even though you are certainly coming here to get married and adjust (immigrating)- youre a non immigrant.

The difference between that (k1) and all the other non immigrating visas like tourist and business ones which dont require aff of support is that with the K1 they KNOW you are staying. Respectively a tourist visa needs proof of home ties so they know you are leaving...

Heres a rather long pdf from the state dept explaining 134 and 864, the differences between them and other interesting tidbits. On page 15 or so they talk about 134 not being legally binding. Towards the end maybe 33. 34 explains why the 134 is needed.

http://www.state.gov/documents/organization/86988.pdf