I-485 from K1-Visa

[jamieg 1]

Hi,

I'm currently in the process of preparing my AOS from a K-1 Visa.

Just wondering if I'm able to use the I-134 Affidavit of Support we used in our initial I-129F application? Or if we need to submit the I-864 Affidavit?


Thank you in advance!! =)




-Jamieg

[johnnyv 20]

You need to submit the i-864 affidavit.

[Pinkrlion 2,724]

You need to submit I-864, but you can use the same supporting documents, just update checkstubs.

[KayDeeCee 4,893]

See the guide here on VJ and the I-485 instructions for what is required. You must include an I-864.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

You must file your application with the following evidence:
...

9. Affidavit of Support/Employment Letter

A. Affidavit of Support

Submit an Affidavit of Support (Form I-864) if your
Form I-485 is based on your entry as a fiancé(e), a
relative visa petition (Form I-130) filed by your
relative, or an employment-based visa petition (Form
I-140) related to a business that is five percent or
more owned by your family.

[Pitaya 2,577]

Use Form I-864 for AOS.

[jamieg 1]

Hi,

Thanks for your help!

Another question- does the US citizen need to submit the I-864 with his info, even though his mum is the joint sponsor and will need to fill out the I-864 for herself? (I'm pretty sure that we just submitted his mum's I-134 Affidavit when we applied for the K-1 Visa and everything was approved.)

[Pitaya 2,577]

Hi,

Thanks for your help!

Another question- does the US citizen need to submit the I-864 with his info, even though his mum is the joint sponsor and will need to fill out the I-864 for herself? (I'm pretty sure that we just submitted his mum's I-134 Affidavit when we applied for the K-1 Visa and everything was approved.)

Welcome to the forum.

From the pinned thread at the top of the forum page:

Who Completes an Affidavit of Support under Section 213A?

~ For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.

~ If the petitioner cannot meet the income requirements, a joint sponsor may submit an addtional affidavit of support.

Ref: http://www.visajourney.com/forums/topic/308-i-864/ ; page 2 of: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Good luck on your immigration journey.

[KayDeeCee 4,893]

Hi,

Thanks for your help!

Another question- does the US citizen need to submit the I-864 with his info, even though his mum is the joint sponsor and will need to fill out the I-864 for herself? (I'm pretty sure that we just submitted his mum's I-134 Affidavit when we applied for the K-1 Visa and everything was approved.)

Be sure to read through the I-864 form instructions. They are more strict and all requirements must be met, unlike the I-134 with the K-1 visa.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

1. Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the

United States, or its territories or possessions (see Part 4, Information on the Sponsor, Item Number 5. of these

instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a

joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become

sponsors by completing and signing a Form I-864.