I134 or I864

[C and J 1]

Hi all,

Now that we have our approval from USCIS and our petition is waiting to be sent to the NVC, we are trying to be pro-active and work on what we will need for the interview. One of the things we are not sure of is which form the London embassy requires for the affidavit of support for a K3 visa application... I-134 or I-864.

I also don't see anything on the I-134 that mention using a joint sponsor

[YuAndDan 153]

For visa interview at the consulate, K-Visa uses I-134, this is the NON-Immigrant visa affidavit of support, K-3 is a NON-Immigrant visa.

You use I-864 for green-card, either for CR-1, IR-1 Immigrant visa, OR when adjusting status in the USA from a NON-Immigrant to Immigrant (I-485 filing)

Technically I-134 is a solo sponsor document, most consulates will accept a joint sponsor, all the joint sponsor does is fill out an I-134 and provide proper financial evidence.

For the K-1 you provide the I-134 Affidavit of support to your fiancee to take to visa interview, you do not send it to USCIS with the petition.

At this stage USCIS cares less about your financial picture.

In our case I make well above 125% poverty line so showed ZERO in the bank, they do not need to know these things if income alone is enough to provide support.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values). Edited October 31, 2007 by YuAndDan

[C and J 1]

Thanks for the indepth answer, YuandDan

We were confused because the guides say that the form required varies by consulate and I didn't want to use the I-134 only to find out that London required the I-864 instead

2. I-134 / I-864 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require one or the other forms. You will need to verify with the consulate which they require. You can call or email the consulate to check ahead of time. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Attempt to start collecting the required information ahead of time, as it can often take several weeks to collect it all.

[RosemarieL 0]

Thanks for the indepth answer, YuandDan

We were confused because the guides say that the form required varies by consulate and I didn't want to use the I-134 only to find out that London required the I-864 instead

2. I-134 / I-864 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require one or the other forms. You will need to verify with the consulate which they require. You can call or email the consulate to check ahead of time. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Attempt to start collecting the required information ahead of time, as it can often take several weeks to collect it all.

See here http://www.visajourney.com/gallery/thumbna...y&uid=30186 for scans of London Packet 3.

[Amby 490]

my grandparents and I both filled out the I-134 and at Neil's interview they didn't even ask to see mine. the man did ask me if that was infact my grandparents and what they do for a living and such. otherwise he didn't want to know about me.

[YuAndDan 153]

Thanks for the indepth answer, YuandDan

We were confused because the guides say that the form required varies by consulate and I didn't want to use the I-134 only to find out that London required the I-864 instead

2. I-134 / I-864 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require one or the other forms. You will need to verify with the consulate which they require. You can call or email the consulate to check ahead of time. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Attempt to start collecting the required information ahead of time, as it can often take several weeks to collect it all.

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

Also from London Embassy: http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html This applies to all K-Visas K-1, K-2, K-3, K-3

Edited October 31, 2007 by YuAndDan

[C and J 1]

Thanks for all the excellent answers They're extremely helpful