2 questions

[PaulFox 0]

about support documents... the instructions my brazilian fiance got say something about a I-864 document about support... but all I know about is the I-134. Which do I need? The I864 is really long

also... she is filling out the form she got in packet 3 to send back which says she has everything ready (we almost do, so we are sending the letter now... cuz by the time they get the letter, we should be good)... and she made some mistakes about her places lived... can she just white it out??

thanks for any help!!!

[Rob and Melinda 0]

Is this an interview for a K-3 visa or a CR1? The I 864 is for the CR1 Green card.

Rob and Melinda

[YuAndDan 153]

Since K-1 visas are handld by the immigrant visa unit of the consulate sometimes they send out instructions incorrectly with regards to the requirements of affidavit of support, I-864 is used for immigrant spouse visas (CR-1/IR-1) and green cards, I-134 is used for non-immogrant visas like K-1, and K-3, later the I-864 is used when adjusting status in the states for a green card.

I would have an I-134 filled out and ready also. The K-1 visa is a Non-immigrant visa and according to the Foreign Affairs Manual which the Embassy Consular office is instructed to use, they are not authorized to use the I-864 for fiance(e) visas.

I-864 is used for immigrant visas, because they directly result in a green card being issued.

A K-1 visa holder will file an I-864 after marriage, and when adjusting status.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section 213A of the Act, under INA 212(a)(4)© and INA 213A for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(1) The self-petitioning spouse of a deceased U.S. citizen, and any children there from (see INA 204(a)(1)(A)(ii));

(2) The self-petitioning spouse of a U.S. citizen, and any children there from, who has been battered by or subjected to extreme cruelty

perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));

(3) Returning resident aliens;

(4) Diversity visa applicants; and

(5) Fiancé(e)s.

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 14 of 35

and:

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for non-immigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary. You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service (BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR). 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf Edited February 16, 2007 by YuAndDan

[bora bora 1]

I'd e-mail the consulate and ask why she received that form. It's true that the I-134 is for K1 applicants.

I actually had a question about that form and I e-mailed the consulate in Rio and they answered me - so I know I-134 is correct.

As far as the white out (I believe if you're neat you can use it). Right everyone??

Good luck.