I-134 or I-864?

[mendeleev 68]

Does the US Embassy/Moscow want the I-134 or the I-864 for K3 petitions?

[JamesT 12]

They want the I-134. Take a look at this and read through carefully... it actually has a lot of good information:

http://www.usembassy.ru/consular/consular....cord_id=fiancee

[YuAndDan 153]

This is the rule for Affidavit of support.

I-134 is for Non-Immigrant visas (K-1 and K-3) visas that do not result directly in a Green-card.

I-864 is for immigrant visas or AOS, (IR-1, CR-1) visas that directly result in a Green-Card being issued.

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)(c ) 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

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 nonimmigrant 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).

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 34 of 35

http://foia.state.gov/masterdocs/09fam/0940041N.pdf (This is the manual that the consular officers are required to follow) Edited March 5, 2007 by YuAndDan

[mendeleev 68]

Thank you, JamesT