I-864 Form not needed for K1-VISA/Green card??

[MikeAndDiana 0]

Me and my K1-Visa fiancée went to the green card interview and she was granted a green card a week later.

 

However, we never brought the I-864 Affidavit of Support form.  I saw on the required document list that it stated to bring this form to the interview unless already submitted.

But, since we submitted the I-134 at the embassy, I thought that was good enough and if it wasn't, I assumed we would just get an RFE and send it later.

 

1st Question:  Is this normal or did they slip up?

 

2nd Question:  I read that the I-134 Affidavit is not legally enforceable, but that the I-864 is enforceable by law.  Is this correct?  If that is the case, why did they not require the I-864 at the green card interview?

[geowrian 22,337]

1) The I-864 should have been submitted with the I-485. They can ask to see one again for the AOS interview, but they don't need to get a new one. or are you saying you forgot to send it at that time and they never noticed?

2) Correct.

Edited March 22, 2018 by geowrian

[MikeAndDiana 0]

I'm saying that I didn't even bother to bring the I-864 to the green card interview.  I provided an I-134 at the K1 interview and thought they shouldn't really need the I-864.   So we didn't submit the I-864 with all of the other documents at the green card interview - but they never mentioned it, there was no subsequent RFE, and my wife still got her green card a week later!  So, I'm wondering if they just totally missed it or if it was never really needed (despite being on the list of documents we were supposed to bring to the green card interview)?   My wife has her green card now so all is good.  It's too late for an RFE.  If all they have is the I-134, and *not* the I-864, then it would be comforting for me to know that I am not on the hook for anything if the I-134 is not legally enforceable.  Make sense?

[geowrian 22,337]

I'm still not entirely clear...did you file an I-864 with the I-485 application? The I-485 is application to get the green card. This is months before the actual AOS interview.

 

The I-134 was only for the K-1 visa. AOS requires the I-864 for family-based immigration by law. It's possible they made a mistake and missed it, but generally the I-864 is something they check for well before the actual AOS interview (before they issue an EAD or AP, even).

[MikeAndDiana 0]

I don't believe we included the I-864 with the I-485 application.  The reason I am very sure about this is because when I filled out the I-134 for the K1 interview, I saved the online I-134 form-version to my computer like all other USCIS docs I filled out for the K1.  And, I don't have a saved I-864 on my computer.  But, more importantly, when I did the I-134, I had to go to the bank and call my broker to get all the supporting financial documents.  It was a pain.  And, I didn't keep copies because I figured they would be obsolete quickly.  When we filed the I-485, I am certain that I did not request any supporting financial documents and I am very sure that no I-864 was ever filled out.  I remember telling my fiancée that we didn't need to send this document.  So, I believe my fiancée just sent other documents.  The other exception was the medical exam because we didn't think they would need it again (and we didn't have a copy anyway).  I almost want to call the USCIS and find out whether they have an I-864 on file for us, but it probably wouldn't be a good idea to clue them into the fact that they don't have this document and they issued a green card already...?