Affidavit of Support no longer required for K-1 visa?

[jrader 0]

Hello,

 

The instruction packet for my fiance's visa interview links to https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support. The interview checklist still has I-134 as a requirement, but clicking on the link provided only includes the I-864. I-134 can still be located among their forms, but the latest version is expired. Regarding the K visas, the instructions read:

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

 

Since the instructions from our consulate, Guangzhou, still say we need to submit it I'm worried that they are still requiring it; a K visa is supposed to be a non-immigrant visa, but the embassies/consulates within China call it an immigrant visa.

 

If you have submitted the I-134 on the expired form, were you told it was not needed? I also sent a query to the GZ embassy but their answers are usually not very informative.

 

Thank you

 

[payxibka 10,045]

3 minutes ago, jrader said:

Hello,

 

The instruction packet for my fiance's visa interview links to https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support. The interview checklist still has I-134 as a requirement, but clicking on the link provided only includes the I-864. I-134 can still be located among their forms, but the latest version is expired. Regarding the K visas, the instructions read:

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

 

Since the instructions from our consulate, Guangzhou, still say we need to submit it I'm worried that they are still requiring it; a K visa is supposed to be a non-immigrant visa, but the embassies/consulates within China call it an immigrant visa.

 

If you have submitted the I-134 on the expired form, were you told it was not needed? I also sent a query to the GZ embassy but their answers are usually not very informative.

 

Thank you

 

You never have had to submit the i134 with the petition,  tbe uscis doesn't want it. 

 

This does not mean the consulate doesn't want one.  The consulate is under the Department of State,  which is a different Department than the uscis.   Don't confuse requirements between the two 

[jd_malachi 59]

You are confusing what you submit to USCIS when you file the i-129f and what you need to take to the interview. My fiance was interviewed in March in Guangzhou and I assure you the I-134 was required.  All K1 visas are processed by the consulates Immigration Unit because it is implied they will adjust status after you get married, despite being a non-immigrant visa it is treated as an immigrant visa.

 

As for the expiration date, the USCIS website says you can continue using the 2-13-19 edition until a new one is published despite the expiration date.  I used the expired edition for my fiance's interview without any issues.

[payxibka 10,045]

OMB expiration is NOT a form expiration.   The government goes by edition date which is located bottom left corner.   Even on the website it says what the CURRENT edition is.

[NandV 87]

Agreed with all. You must bring the I-134 to show that USC can financially support the beneficiary. The expired form is okay as it is the latest version 

Edited April 16, 2021 by NandV

[Russel1995 163]

You do not file the affidavit with the I129f.

 

You will complete the affidavit preferably within 30 days of your fiances interview.  They will then bring the completed affidavit along with all supporting docs to the interview.

 

The Interviewing officer may request to see it or they may not ask for it.  My wife wasn't asked for it but that is a rarer occurrence.

[Nitas_man 3,100]

She shows up without one they’ll blue-slip her and send her back to get it.  Put it together, send it over.