View Full Version : I-864 v/s I-134
09-26-2000, 02:12 PM
About the I-864, I have considerable anxiety about this form v/s the I-134! This web-site says at one point that "I-864 Affidavit of Support.... This form will be sent ONLY FOR Family Based Immigration and NOT for Employment Based Immigration. For married applicants(employment based), Form I-134 (Affidavit of Support) should be submitted at the time of interview."
So for my Packet 3, should I enclose the I-864 or should I enclose the I-134, or should I carry a copy of each to the Consulate when I fly out? Wouldn't want to carry the whole world and drag it in front of the US Consulate gates!!
Somebody who can shed more light on this one!!
09-26-2000, 03:40 PM
From packet 3, you only need to send OF forms. Take I-134 [notarized] at the time of the interview.
09-26-2000, 04:34 PM
should the bank statements that need to accompany the I-134 also be notarized?
I've used this form before so that my mother could get a visitor visa and I recall notarizing the I-134 form alone.
Is it any different for the CP interview?
Are there any other documents that need to support the I-134?
09-27-2000, 07:14 AM
Only I-134 is needed to be notarized. If you stocks/bonds, you will need to attach it/them along with I-134.
09-27-2000, 08:13 AM
My eminent lawyer firm, of HUGE Internet fame says that it is the I-864 that needs to be submitted for completing the CP process of family (who have presently been on H-4 visa) and not the I-134!!
So, does the candidate stick with the para-legal's advice or take heed of what the visitors on the Forum suggest?
>: This is just great!!
09-27-2000, 08:28 AM
Ask your lawyer to review the contents of packet 4.
I 864 is strictly for family based IV applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...I say it again I 864 is strictly for family based applicants...........
09-27-2000, 09:06 AM
I fully resonate with your thoughts - and you resonated well too (with your thoughts)!!
What do you do when you have these big guns working with you (for you? ........... naah! I couln't say that!) and one of the paralegals 0] insists it is the I-864!
Can I always knock on the voice mail of the "Attorney" and step on tender toes in his office!
I guess folks like me are doomed to a few months of confusion!!
I think I should get both forms prepared as I tend to like the quality of your responses (and your responsiveness too -- thanks for that! -- guess you do not have much to do around at your desk!! -- Hey, just kidding!!)
Look at the time I am having to spend on this issue (for my reasons!) --- Actually I am on the verge of getting sick of this thing --- It's been too long and I wish it to get over soon!
Oops! This is s BBS and I should hold on to my dribble.
Thank you, rockstar123 for your valued input.
09-27-2000, 12:29 PM
I had an attorney and was slow as hell. He is very reputed attorney atleast here in Michigan..[works our from his Seattle office!]. I pretty much took over CP process on my own and had a successful interview. I want to help other applicants [including u] like me here on this forum. Trust me, I-134 is what you need.
09-27-2000, 01:23 PM
If I can call you that -- I ABSOLUTELY BELIEVE WHAT YOU SAY AND WHAT IS WRITTEN ON THIS WEB-SITE!
I have actually given up on the information my attorney's office can provide me!!
Just to keep you in synch. with the info:- The I-864 v/s I-134 debate in my mind is for the Green Cards of my wife and child who are presently on H-4.
09-27-2000, 01:42 PM
Only I-134 is required. I-864 is only for family based applicants.
Your spouse/kids are your family but you are not sponsoring them. They are just getting green card because you are getting it and your employer sponosred you. So it is employment based case for all of you.
Had you been green card holder / US citizen and had filed I-130 (petition for immediate relatives ) and if your spounse had been getting green card based on that, you would need I-864. This clearly does not apply to you.
09-27-2000, 02:33 PM
If this is the case, why does the spouse even need an Affidavit of Support (I-134) at all. Doesn't I-134 mean you sponsor your spouse? If I need to fill in I-134, what is the good number considered as enough for the sponsorship? Is it good enough to only fill the annual income box in I-134 form?
09-27-2000, 03:32 PM
Only I-134 is needed.
Actually INS requires you to fill I-134 for AOS types of emp. based cases. Even today, if you go to Bombay, they don't care about I-134 form, they just care about your employment letter.
Earlier there was no I-864. There was only I-134. After that, I-864 came into existence. As you know, INS is not efficient in removing unnecessary things. So I-134 still hangs around. Some of the questions in I-134 are still related to sponsoring family because it is old form.
I don't think the amount in I-134 matters.
09-28-2000, 08:11 AM
Immihelp is very right. At the consulate I wasn't even asked for I-134. But since I took the pain to carry it, I showed it.
09-28-2000, 12:04 PM
You have nailed it down well!! If the I-134 is the form, and the wife and children get their green-cards based on the primary employer, who is under the Employment category, then why should there be issues of proving an Affidavit of Support for the wife + child? Why should ANY form be filled up if the wife and child get the GC based on being my getting the GC. What makes sense is that the wife + child are being immediately sponsored (family based) for a GC based on my GC process which in turn is based on my employment category, and she needs to show proof of support through the appropriate document (I-864?). And, more so, if the I-134 was a form in existence earlier to the I-864, it might be that the I-864 needs to be the one carried with, to the Appointment.
So, it again boils down to -- In lack of the one single perfect form, carry both the bloomin' forms!! We'd hate to make a trip again and take on urgent FedEx charges from India!!
Let us not get too daunted by the forms as they specifically do not cover our situation, but just go along with it.
Rocky, I told you -- "Doomed to a few months of confusion!!"
Cheers folks, and thanks for contributing to this query!!
09-28-2000, 12:16 PM
Most of the things don't make sense in this green card process. We told you what the truth is. It is up to you to believe or not. Only I-134 is required. I-864 is NOT required.
And, no more discussion on this topic please!
09-28-2000, 12:52 PM
I seem to have offended you by not selecting your option alone and opting to go with your suggestion AND the one the immigration lawyers suggest!!
With due respects to someone maintaining a great web-site, I wish to inform you that all this is probably a little more than "gossip" and that in this situation there are two versions of "truth"! I obviously would tend to believe the lawyer who earns his bread with this thing and tries to keep current, and at the same time, myself contribute to and gain by the web-site forum.
If you feel so personal about your web-site and "your"(?) forum, and wish to control all conversation, why not cancel my login?
Thank you for all your inputs, though!!
09-28-2000, 03:37 PM
I am not offended. Everyone's views are welcomed.
But to tell you the truth, I myself have done this consular processing myself in Bombay. And I was married at that time, so I did it for her also. And that's what I am writing from my experiences. I did all that myself when most of the candidates and lawyers (including my company lawyer) had not even heard about AC I-140, leave alone how to do it.
And rockstar123 also has done his CP recently. He is also writing from his own experience.
And lawyers, I am very well aware how well (or less) informed most of them are! Most of them have no idea about how things work in India, or anywhere else outside US for that matter (and that is true for most of Americans, not only lawyers.)
09-28-2000, 03:50 PM
Forget my advice or your lawyer's advice and read the following instructions on Form I-864,
"Who needs an affidavit of support under Section 213A?
This affidavit must be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. It is required for:
* All immediate relatives, including orphans, and family-based immigrants. (Self-petitioning widows/ers and battered spouses and children are exempt from this requirement; ) and
* Employment based immigrants where a relative filed the immigrant visa petition or has a significant ownership interest(5 percent or more) in the entity that filed the petition. "
Do you or your relative own more than 5% of the company who filed your green card? If yes, file I-864, else don't. Can't your lawyer this instructions before giving advice?
09-28-2000, 06:11 PM
I compliment you on your attitude towards collaborating and looking at everyone's responses!! I had at one point thought that I had started a flame war and expected you to shut down my account! However, I feel your response this thread are very moderate and clear-cut.
I feel I am visiting a good forum.
Thanks for your advice!
I can see the frustration in your answers too for level of currency of knowledge the lawyers keep, but then one has to submit to someone and I an quite happy that at least from one end I am getting responses with conviction backed by good knowledge!