Difference between Affidavit of Support Form I-864 & I-134

[mabid]

Hi! Friends....

There is request to solve my problem by giving suitable answer after reading my case. Plz, help me in this regard:

My question is that what is the difference between "Affidavit of Support form I-864 & I-134" and
who should file I-864 & I-134 separetely?

My case is following:
My wife is green card holder of USA and she wants to file I-130 petition for me. She is not working over there but her father is doing job. Her father is not able to sponsor me because of low income. So, a family friend is willing to sponsor me. My question is that what Affidavit of support form should be filed for me, either I-864 or I-134? And when this affidavit of support form should file, either with I-130 petition or when the case is current???

Im waiting for quick response from your side...
Thanks u people....

[osweiti50]

Based on your case you need to fill out I-864.

Below is the difference between I-134 and I-864:


What is the difference between the I-864 Affidavit of Support and the I-134 Affidavit of Support?

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application). The legal effect of an I-864 affidavit of support is slightly different from that of an I-134 affidavit of support as the I-864 is more enforceable against the American sponsor. That being said, the I-134's usage is technically by discretion of the Consular Post and acts merely as a means of providing a streamlined way of adjudicating multiple parties abilities to support foreign fiances. In the past, it was more common to see many Consulates accepting I-134 joint-sponsorship, but this trend seems to be receding as more Consulates now ask that the US Citizen sponsor show an ability to independently support a foreign fiancee thereby precluding the use of joint sponsorship affidavits in K1 visa matters. This is a recent trend as in the past there were Posts which were allowing this practice, but there are good policy reasons why I-134 joint sponsorship affidavits are in decline.

Keeping in mind that I-134 affidavits are not legally binding, a US Citizen Petitioner could enlist the help of a friend or family member to act as a joint-sponsor on the I-134 affidavit of support for a foreign fiance. After arriving in the USA, the foreign fiance and the American Petitioner get married. Subsequent to the marriage, they file for the foreign spouse's adjustment of status. At the adjustment of status phase, the American Petitioner must file an I-864 affidavit of support, but the original I-134 joint sponsor decides not to act as sponsor on the I-864 affidavit. The I-134 is not enforceable against the original I-134 joint sponsor and if the American petitioner cannot show requisite assets it places the Immigration authorities in a position where they may need to find that the foreign spouse could become a "Public Charge" is allowed to remain in the USA. This scenario leaves all parties in a relatively negative position. Therefore, it is this author's opinion that I-134 joint sponsorship is being phased out in order to make certain that those sponsoring non-immigrant fiancees for a visa to the US can meet their obligations with regard to a future I-864 affidavit.

[mabid]

Based on your case you need to fill out I-864.

Below is the difference between I-134 and I-864:


What is the difference between the I-864 Affidavit of Support and the I-134 Affidavit of Support?

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application). The legal effect of an I-864 affidavit of support is slightly different from that of an I-134 affidavit of support as the I-864 is more enforceable against the American sponsor. That being said, the I-134's usage is technically by discretion of the Consular Post and acts merely as a means of providing a streamlined way of adjudicating multiple parties abilities to support foreign fiances. In the past, it was more common to see many Consulates accepting I-134 joint-sponsorship, but this trend seems to be receding as more Consulates now ask that the US Citizen sponsor show an ability to independently support a foreign fiancee thereby precluding the use of joint sponsorship affidavits in K1 visa matters. This is a recent trend as in the past there were Posts which were allowing this practice, but there are good policy reasons why I-134 joint sponsorship affidavits are in decline.

Keeping in mind that I-134 affidavits are not legally binding, a US Citizen Petitioner could enlist the help of a friend or family member to act as a joint-sponsor on the I-134 affidavit of support for a foreign fiance. After arriving in the USA, the foreign fiance and the American Petitioner get married. Subsequent to the marriage, they file for the foreign spouse's adjustment of status. At the adjustment of status phase, the American Petitioner must file an I-864 affidavit of support, but the original I-134 joint sponsor decides not to act as sponsor on the I-864 affidavit. The I-134 is not enforceable against the original I-134 joint sponsor and if the American petitioner cannot show requisite assets it places the Immigration authorities in a position where they may need to find that the foreign spouse could become a "Public Charge" is allowed to remain in the USA. This scenario leaves all parties in a relatively negative position. Therefore, it is this author's opinion that I-134 joint sponsorship is being phased out in order to make certain that those sponsoring non-immigrant fiancees for a visa to the US can meet their obligations with regard to a future I-864 affidavit.

Thanks dear for such a great information......

[mabid]

@ osweiti50:
Thank you so much dear for help......

Can you please tell me that when should we file I-864 document?
Either at the time of submitting I-130 petition with other required documents or at the time when case is current (after 2, 3 years when above to get immigrant visa)?

Waiting for reply.........
Thanks in advance.......

[osweiti50]

Once the I-130 is approved by the USCIS it will be sent to the National Visa Center and once your priority date becomes current the National Visa Center will send your wife a letter asking her to file I-864 along with DS-230 form. For more information please visit www.uscis.gov

P.S, Once your wife is naturalized she has to update your application at the NVC by sending them a letter, based on this status update the processing of your Green Card will not be subject to priority date, it will be processed right away.

Good Luck