K1 Guide: Tips

[Aubrey 10]

This section seems really outdated. The new I-134 (Oct 30, 2008) no longer requires notarizing. Additionally, the I-134 instructions specifically requests *photocopies* of all evidence. The same is true when submitting evidence with the I-129f - photocopies are requested, not originals or "certified copies."

I'm pointing this out because several folks will go to a great deal of extra effort and expense without good cause due to the VJ tips.

[Captain Ewok 1,891]

Very valid point. That page can use some updating as it seems to have slipped through the cracks. I will update right now and status once complete .

[Dakine 26]

Funny as it says this !

"To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

At the same time there is no place on the form for the notary.

[Captain Ewok 1,891]

Wow you are so right this page is dated and written poorly!! I am re-writing the page with more useful tips on items not discussed in the K-1 Guide.

[Captain Ewok 1,891]

Updated . If someone that saw the old copy can review that would be great! Any additional tips to add are welcome!!

[kiwiana 2]

Funny as it says this !

"To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

At the same time there is no place on the form for the notary.

yes it is a little confusing. On the main page to download the form it states you need a notary public but when you read the instructions for 1-134 it says this under "Execution Of Affidavit"

If you are sponsoring more than one alien,you must submit a separate Form 1-134 for each alien. You must sign Form 1-134 in your full name. (Note: Signing Form 1-134 is under penalty of perjury under U.S law) For this reason. it is not necessary to sign Form 1-134 before a notary, nor to have your signature notarized after you sign it.

So it seems that one does not need the form notarized anymore, if we go by the instructions and not what is printed on the main page of the download. (that may explain why there is no place on the form for the notary?)

[Captain Ewok 1,891]

Funny as it says this !

"To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

At the same time there is no place on the form for the notary.

yes it is a little confusing. On the main page to download the form it states you need a notary public but when you read the instructions for 1-134 it says this under "Execution Of Affidavit"

If you are sponsoring more than one alien,you must submit a separate Form 1-134 for each alien. You must sign Form 1-134 in your full name. (Note: Signing Form 1-134 is under penalty of perjury under U.S law) For this reason. it is not necessary to sign Form 1-134 before a notary, nor to have your signature notarized after you sign it.

So it seems that one does not need the form notarized anymore, if we go by the instructions and not what is printed on the main page of the download. (that may explain why there is no place on the form for the notary?)

Ironic... I just "googled" this and it linked me to the answer, at VisaJourney!

http://www.visajourney.com/forums/index.php?showtopic=144439

[kiwiana 2]

Funny as it says this !

"To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

At the same time there is no place on the form for the notary.

yes it is a little confusing. On the main page to download the form it states you need a notary public but when you read the instructions for 1-134 it says this under "Execution Of Affidavit"

If you are sponsoring more than one alien,you must submit a separate Form 1-134 for each alien. You must sign Form 1-134 in your full name. (Note: Signing Form 1-134 is under penalty of perjury under U.S law) For this reason. it is not necessary to sign Form 1-134 before a notary, nor to have your signature notarized after you sign it.

So it seems that one does not need the form notarized anymore, if we go by the instructions and not what is printed on the main page of the download. (that may explain why there is no place on the form for the notary?)

Ironic... I just "googled" this and it linked me to the answer, at VisaJourney!

http://www.visajourney.com/forums/index.php?showtopic=144439

The topic was from August and the new form and instructions for 1-134 is from 30th October,2008. The new form is slightly different to the old one and does not have any place on the form for the notary. The instructions for the form states that it is not necessary to sign before the notary. If this IS the case, then people need to know when they read the K1 guide and tips. It will save them time and money. Maybe others on VJ well versed on this topic will know what the new policy is regarding the 1-134?

[Captain Ewok 1,891]

If anyone can chime in to help clear this up please do. That said I will contact a few US Embassies and/or the CIS to get theri position. With it being the holidays though it may be hard to get a response quickly.

[Captain Ewok 1,891]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

[Aubrey 10]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

Well, all I can add to that is the notary I went to was very confused and didn't like notarizing that I was signing the .document (the new version of the form) It ended up having to be done on an additional page (she said technically if she signed below the oath she was taking it too). The old form is still accepted according to the USCIS pages, so perhaps they just haven't updated the form page.

Thanks for updating the tips page -- it's written much better now! Just a few typos:

Be sure that you have the original documents for any item that you submit as a photocopy in your oringinal petition. The original documents may be requested (even though they allow you to initially submit a copy) by the USCIS and even embassy as part of the adjudication process.

When collecting information that "documents proof of having met your fiance(e) within two years" consider information that "factually" places the two of you together first. This means items such as dated photograhs, airlines tickets/stubs (proving you boarded) to their country (or for them to the US and your home city), etc..

[pushbrk 12,898]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

They simply posted the updated form on an outdated page. No telling when they'll get the page updated but there's no need to notarize an official form that has no place for a Notary to sign. Sounds like they finally updated the I-134 to do away with Notarization as they previously did on the I-864.

[Captain Ewok 1,891]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

Well, all I can add to that is the notary I went to was very confused and didn't like notarizing that I was signing the .document (the new version of the form) It ended up having to be done on an additional page (she said technically if she signed below the oath she was taking it too). The old form is still accepted according to the USCIS pages, so perhaps they just haven't updated the form page.

Thanks for updating the tips page -- it's written much better now! Just a few typos:

Be sure that you have the original documents for any item that you submit as a photocopy in your oringinal petition. The original documents may be requested (even though they allow you to initially submit a copy) by the USCIS and even embassy as part of the adjudication process.

When collecting information that "documents proof of having met your fiance(e) within two years" consider information that "factually" places the two of you together first. This means items such as dated photograhs, airlines tickets/stubs (proving you boarded) to their country (or for them to the US and your home city), etc..

updated typos.

[Captain Ewok 1,891]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

They simply posted the updated form on an outdated page. No telling when they'll get the page updated but there's no need to notarize an official form that has no place for a Notary to sign. Sounds like they finally updated the I-134 to do away with Notarization as they previously did on the I-864.

I agree in principle completely. To be safe we always follow the USCIS posted instructions until which time they update or we can verify with the USCIS that their website is incorrect (error on caution).

[pushbrk 12,898]

The USCIS webpage for that form indicates it is still needed:

To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a notary public, or other official authorized to administer oaths for general purposes. If the sponsor is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or Consular Officer at any U.S. Embassy or Consulate.

Once the form is affirmed, it should be mailed to the same USCIS office where the application was filed.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

However the form instructions (as you said) very clearly say that the form does not need to be signed in front of a public notary (because it is signed "under penalty of perjury of US law").

Interesting conflict!! Since the USCIS conflicts itself and the USCIS says to ALWAYS refer to the Form download page (instead of the Form instructions) in the case of a conflict in information, we will continue to list it as required. Hopefully they can clear this up. I will contact them regarding this.

They simply posted the updated form on an outdated page. No telling when they'll get the page updated but there's no need to notarize an official form that has no place for a Notary to sign. Sounds like they finally updated the I-134 to do away with Notarization as they previously did on the I-864.

I agree in principle completely. To be safe we always follow the USCIS posted instructions until which time they update or we can verify with the USCIS that their website is incorrect (error on caution).

Here's to hoping the site will be updated soon, so you'll need a new edit to conform. The instructions for using the first two new I-129F's after IMBRA for a spouse were wrong too with nothing on the USCIS website to provide corrected guidance.