AOS K1 - 864 vs 864EZ

[papasmf 90]

Does anyone know if 864EZ is valid for use for AOS from K1.  I meet all of the requirements, I am the petitioner who filed 129f for our K1, and my salary over the past decade meets the requirements.  

 

I'd like to do the simpler form and include my 3 most recent IRS tax return transcripts, plus an employment verification letter and pay stubs (I began a new job in mid-January).

 

I'm confused about the three requirements to use the form because the form itself has 3 requirements i clearly meet, but the instructions specify i-130.  I think 129f is interchangeable with 130, but I wanted  to request a 2nd opinion on here since you guys are so incredibly amazing.  Thank you!

[A'n'L 735]

I'm not exactly sure. However, keep in mind your i864 is supporting a i485 (not i129f). Also, the full form is not really more difficult to file, so why not do that and be on the safe side?

[papasmf 90]

Yeah, I started filling out the 864 for that exact reason, I'd still love to know because I can't find a clear answer about this anywhere on the site, and I'm sure others would love to know.  It's a much simpler form, it talks about it relating to a previously filed 130 (or 129f too?).  I'm hoping someone who's tried it can let us know.  I'd prefer to use the less complicated form if it's acceptable because there is less room for user error in filling all this stuff out.  

 

Thanks for your reply AnL, you are always so helpful, I hope you are doing well

[A'n'L 735]

Yes, I'd be interested to know as well.

[llindsay 21]

11 hours ago, A'n'L said:

I'm not exactly sure. However, keep in mind your i864 is supporting a i485 (not i129f). Also, the full form is not really more difficult to file, so why not do that and be on the safe side?

This is the first time i have seen this form 864EZ but like you said the regular form is very easy to do if you use the guided forms on VJ. I have looked at the instructions and if no one gives you a straight answer then i would do the regular form to be on the safe side since it says I-130 form in the requirements.  The last thing we all want is a RFE and any type of delays. I just scrolled down the EZ form quickly and it looks like almost the same amount of work you have to put in with either forms.  Im doing AOS for my son and i just did the long form and duplicate my wife's AOS when i did hers a while ago. No RFE with her AOS  Good Luck

[papasmf 90]

Yeah that's why I'm asking, someone's gotta know.  We should find out and sticky it.  In having filled out both forms now, I don't see any reason we shouldn't be able to use EZ within the applicable situations, uses a lot less blank entries, and it's more clear to the applicant and the agent reading it.  Anyone know?

[Jojo92122 1,924]

Here is the instructions on who may use Form I-864EZ.

 

The bold and capitalized "IF ALL" is in the instructions.  That's not me putting in the emphasis.

 

0. Who May Use Form I-864EZ?
   You may use Form I-864EZ IF ALL the following conditions

   apply:

   1. You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;

   2. The relative you are sponsoring is the only person listed on the Form I-130 petition;

   3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s). 

Edited April 25, 2017 by Jojo92122

[papasmf 90]

That's the thing though - I am the person who previously filed 129f (fiancé version of 130), it seems we meet those conditions, is there anyone here who has tried filing with EZ?

 

See the other requirements with my attached screenshots:

 

[Jojo92122 1,924]

Where are you getting that the I-129f is considered the fiancee version of the I-130?   

[papasmf 90]

The other reason I ask is because in filling out both forms my answers and evidence are exactly the same. I am sending 864, by the way - I like to mitigate risk.  I'd just like to get this answered for future applicants, please

Edited April 25, 2017 by papasmf

[papasmf 90]

Just now, Jojo92122 said:

Where are you getting that the I-129f is considered the fiancee version of the I-130?   

 

Both are K visa petitions, 129f is a fiancé edition of 130, petition for alien relative - 130 & petition for alien fiancé - 129f.  

 

Maybe i've just answered my own question - see attached from 864EZ instructions PDF mentioning 129f.  It would be nice if someone who has done this can weigh in

 

 

[Jojo92122 1,924]

7 minutes ago, papasmf said:

 

Both are K visa petitions, 129f is a fiancé edition of 130, petition for alien relative - 130 & petition for alien fiancé - 129f.  

 

Maybe i've just answered my own question - see attached from 864EZ instructions PDF mentioning 129f.  It would be nice if someone who has done this can weigh in

 

 

An I-129f is not the fiancee version of the I-130.  Both are not K visa petitions.  While similar, an I-129f is not any type of version of the I-130.

[papasmf 90]

I may be wrong about that, but - Did you read the instructions thing where it specifies 129f?

[Sol1427 23]

OMG guys, I was just about to ask that same question because I filed the I-130 for my husband and I'm not sure if I need the EZ as well or just the 864. 

[A'n'L 735]

6 hours ago, Sol1427 said:

OMG guys, I was just about to ask that same question because I filed the I-130 for my husband and I'm not sure if I need the EZ as well or just the 864. 

You'd never need both. I864 is the "full" version, and you can never go wrong using that one. EZ = easy, it's a simplified version of the same form, applicable to some filers.