How is it......

[CutienPurg 0]

9 FAM 40.41 N11.7 Alien Seeking Admission as K

Nonimmigrant

(CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a

U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants

are technically applying for non-immigrant visas (NIV), they must use Form

I-134, Affidavit of Support, if you determine that a Form I-134, is necessary.

You shall not require or accept Form I-864, Affidavit of Support Under

Section 213A of the Act in K visa cases. Such applicants will, however, have

to submit Form I-864, to the Bureau of Citizenship and Immigrations Service

(BCIS) at the time of adjustment of status to that of a lawful permanent

resident (LPR).

If the I-864 is in essence illegal to be required , why is it certain consulates can get away with making it a requirement? I don't see the big difference either way with the exception of legally binding nature of the I-864. That would mean you're legally liable financially for someone you may potentially not even marry. I guess it just makes me wonder what can be done in regard to a consulate who requires the I-864 and what other rules/guidelines they choose to ignore.

Anyway.........that was just something I was wondering about.

[YuAndDan 153]

For some reason some at the consular sections don't read the Foreign Affairs Manual.

Other times they just use the CR-1/IR-1 Packet 3 with the K-visa cases, since the IV section of the consulate usually handles K-visas.

See also post from earlier. http://www.visajourney.com/forums/index.ph...c=51020&hl=

[CutienPurg 0]

yeah it was the earlier post that got me digging and reading. Prior to actually reading that info all the way the way through, I had always assumed it was an either/or thing, left up to the discretion of the Consular post and perfectly acceptable within the guidelines.

So again it begs the question .......how do they get away with it and what can be done about it?

[YuAndDan 153]

yeah it was the earlier post that got me digging and reading. Prior to actually reading that info all the way the way through, I had always assumed it was an either/or thing, left up to the discretion of the Consular post and perfectly acceptable within the guidelines.

So again it begs the question .......how do they get away with it and what can be done about it?

I would think provide the correct I-134 form signed and notarized, along with a copy of the pages from the FAM with the appropriate paragraphs highlighted. As well as having a I-864 in your stack of evidence just in case. I suspect they will follow the rules set forth by the FAM, that is the rule book from the Department of State.