A K-1 fiancee visa couple must complete both the I-134 and the I-864 forms. However, the forms are not filed together. Instead, the I-134 form must be completed before the fiancee visa interview at a U.S. consulate.
What is the i-864 affidavit of support for a K visa?
▢ The I-864, Affidavit of Support, is the form K visa applicants submit. ▢ The I-864A, Contract between Sponsor and Household Member, is a supplemental form where a family member’s income or assets can be added on. This is allowed for K visa immigrants if you need it.
What is form i-864ez?
Form I-864, Affidavit of Support Under Section 213A of the Act or, if applicable, the I-864EZ, Affidavit of Support Under Section 213A of the Act. The affidavit must be prepared by the U.S. citizen spouse, known as the "petitioner," along with supporting financial documents.
Who adjudicates my K-1 visa application?
Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQ’s. Overview: What is a K-1 Visa? What Is a "Fiancé (e)"? Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
What documents do I need to apply for a K-1 visa?
Documents Required for K-1 Fiancé Entrant Adjusting Status. Along with the various forms, you will need to include the following in your adjustment of status packet: Long-form birth certificate. This will need to be accompanied by a full, word-for-word translation, if it’s not in English. Copy of U.S. entry documents.
Is form I-864 still required?
Form I-864, Affidavit of Support, is required for most family-based immigrants and some employment-based intending immigrants to show that they have adequate means of financial support and are not likely to become a public charge.
Who is exempt from filing form I-864?
If you are filing as a self-petitioning widow(er) using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, you are exempt from the Form I-864 requirements if your Form I-360 is approved and you are applying for lawful permanent residence.
Who needs to submit i-864?
Who Needs to Submit Form I-864? 3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
Who doesn't need I-864?
Widows and widowers of U.S. citizens may, regardless of the duration of their marriage, self-petition for or continue with their application for U.S. residence, so long as they do so within the two years of the U.S. citizen's death and do not remarry. They will not need to submit an I-864 Affidavit of Support.
How do I avoid affidavit of support?
Avoiding the Affidavit of SupportThey are children of the Petitioning sponsor.The Petitioning sponsor is a U.S. Citizen.They are 17 years or younger when they seek admission in the United States with the temporary Green Card stamp in their passport.More items...
When should I submit form I-864?
You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States.
What is i-864 form used for?
An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States.
Should I file I 130 and I-864 together?
As a general rule, you'll need a separately prepared, original Form I-864 if the intending immigrant is the principal immigrant on Form I-130. Separate Affidavits of Support are required for intending immigrants for whom different Form I-130 family-based petitions were filed.
How much does form I-864 cost?
Mandatory FeesGreen Card CostsFamily Sponsorship Form (I-130)$535$535Green Card Application Form (I-485)$1,140Not requiredFinancial Support Form (I-864)$0$120Work Permit Application Form (I-765) (optional)$0Not required7 more rows
How much do I need to sponsor my fiancé?
In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...
What is the minimum income for i-864?
$21,775You can find the income requirements on the I-864p. Below are the 2021 Poverty Guidelines for the 48 contiguous States. If the only people residing in the household are the sponsor and the intending immigrant relative, then the minimum annual income to qualify is $21,775.
Do I need I 134 for K-1 visa?
Form I-134, Affidavit of Support is required when wanting to sponsor a visa applicant (temporary visitor visa or K1/K2 visa) in order to demonstrate that they will not become a “public charge” to the government. There have been a few definition versions of what it means to be a public charge.
Who is eligible for I-864A?
Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and. Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A.
Where can I find the I-864 affidavit of support?
If you need more information on the I-864 Affidavit of Support, please see 9 FAM 302.8, 9 FAM 601.14, and Sections 212 (a) (4) and 213A of the Immigration and Nationality Act (INA). The complete FAM and INA are available by visiting FOIA on the Department of State website. Also see https://www.uscis.gov/greencard/affidavit-support.
How to submit an affidavit of support to NVC?
After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsor’s supporting financial evidence. Remember you must submit all pages of the Form I-864 even if they are blank.
What are the factors that determine the eligibility for a visa?
Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States.
What are some examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained?
Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include: A voting record in the United States. Records of paying U.S. state or local taxes. Having property in the United States.
Can I get an I-864 if my spouse dies?
Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the de ceased petitioner's estate .
Can I apply for employment with an I-864?
No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
Where to file I-129F?
Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
Can I apply for a K visa for my child?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen fiancé (e) filed on your behalf, but your U.S. citizen fiancé (e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
What is the form for a green card?
Part of the process of becoming a Permanent Resident (“Green Card” holder) requires the Affidavit of Support (form I-864) from a responsible sponsor. For fiance K-1 or K-2 visa holders, this is crucial for your I-485 approval.
How many choices does USCIS have?
The USCIS offers three choices, each of which carry their own obligations:
Is USCIS more assured of a joint sponsor?
In consideration to the “totality of circumstances”, if the US petitioner is the sponsor, the USCIS is more assured that you will fulfill your obligation of keeping your partner from becoming a “public charge”. . . USCIS policy manual lists how a joint sponsor may be evaluated. .
Can a US petitioner sponsor a K-1 visa?
Next, notice that there’s a common strategy allowed by the USCIS where the US petitioner sponsors the K-1 visa beneficiary, but uses a joint sponsor (s) to support any K-2 visa children, or vice versa.
Can a US petitioner sponsor a family member?
The US petitioner may self-sponsor one family member, while a joint sponsor sponsors another immigrant OR the joint sponsor can sponsor all immigrants together. There’s a good deal of flexibility allowed by the USCIS.
Can you use a joint sponsor for a green card?
In the end, however, it’s usually not problematic to use a joint sponsor and it usually doesn’t negatively affect the outcome of a Green Card application — as long as the joint sponsor is qualified and can adequately support the immigrant (s). .
Is it risky to be a joint sponsor?
Going back to our earlier discussion, many sponsors feel it’s risky to be a joint sponsor . There’s fear surrounding the legality of being accountable for an immigrant’s financial well being for a set period of time. There are potential negative consequences because the I-864 is an enforceable formal contract between you and the US government.
What is the concern of a fiancee visa?
One of the greatest concerns that many couples have concerning the fiancee visa (or fiance visa) is whether the petitioner will be able to demonstrate that the beneficiary is financially supported. This concern is especially acute for many fiancee visa applicants because many fall in love and decide to marry early in life when they are not ...
What does a sponsor of an immigrant need to demonstrate?
If the sponsor of the immigrant is the immigrant’s spouse, the sponsor must demonstrate that his or her income is at least 100% of the U.S. poverty level.
Do I need to file I-864 and I-134 together?
A K-1 fiancee visa couple must complete both the I-134 and the I-864 forms. However, the forms are not filed together. Instead, the I-134 form must be completed before the fiancee visa interview at a U.S. consulate. The I-864 will not need to be completed until the couple is married and the foreign national is adjusting status to become a lawful permanent resident.
What is the I-864 form?
The principal immigrant must submit one original Form I-864 for his or her file along with supporting financial evidence of the sponsor’s income. A Form I-864 is considered original if it is signed in black ink. The principal immigrant should also submit photocopies of the completed Form I-864 for each family member traveling with him or her.
What is an I-864?
The annual income of any household members who intend to contribute to the financial sponsorship of the principal immigrant, and. Information about anyone you may have previously financially sponsored on a Form I-864.
How long does it take for a family member to travel with a principal immigrant?
Family members are the principal immigrant’s spouse and minor children, who intend to travel with the principal immigrant or within six months of the principal immigrant’s arrival in the United States.
How many pages are needed for I-864?
Note: All 12 pages of Form I-864 must be submitted.
Who is the sponsor on the I-864?
By signing this form, you agree to financially support an immigrant who applies for either an immigrant visa or adjustment of status to become a lawful permanent resident.
Can a substitute sponsor sign a visa petition?
If the individual who filed the visa petition cannot sign this form because the individual has died, a substitute sponsor may sign this form.
Do sponsors need to file taxes?
Each sponsor needs to submit taxes and W2’s if he or she is not using an IRS printout, or provide a reason for not filing taxes.
What is an I-864?
Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
Who assumes all of the obligations of an I-864 sponsor?
The substitute sponsor assumes all of the obligations of an I-864 sponsor.
How to sponsor a relative?
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.
What happens if you sponsor an immigrant?
If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.
What happens if I falsify my I-864?
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. The U.S. government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration.
Who becomes the sponsor of an affidavit of support?
The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
Do I need to file an affidavit of support for my spouse?
If your relative is either a K-1 fiancé (e), a K-3 spouse, or a K-2 or K-4 child of fiancé (e) or spouse , you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé (e), spouse, or child adjusts status to permanent resident after coming to the United States.
What form do I need to get a K-1 visa?
Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).
What is an I-864?
Form I-864, Affidavit of Support Under Section 213A of the Act or, if applicable, the I-864EZ, Affidavit of Support Under Section 213A of the Act. The affidavit must be prepared by the U.S. citizen spouse, known as the "petitioner," along with supporting financial documents.
What forms do I need to get a green card?
The USCIS forms that you'll need to download from the USCIS website (for free) and fill out include: Form I-485, Application to Register Permanent Residence or Adjust Status. This is filled out by the immigrant, and is the primary application used in requesting a green card from within the U.S.
What is the form I-131?
Form I-131, Application for Travel Document. The immigrant should fill this out and submit it if there's any chance that he or she will want to leave the U.S. before the interview. Without receiving "Advance Parole," which this form is used to request, leaving the U.S. will result in USCIS cancelling the application, on grounds that it was abandoned.
What is a G-1450?
G-1450, Authorization for Credit Card Transactions, if you'd rather not pay by the required filing fee by check or money order. These are the basics, though more forms might be needed if, for example, you need to apply for a waiver of inadmissibility.
How long does it take for a green card to arrive?
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, you'll want to apply for permanent residence on Form I-751.
Where do you go for an interview with USCIS?
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
How many years of work do you need to get an I-864?
(approximately ten years, depending in part on earnings level for each year in question; the maximum credits one can earn per year is four) ...
What form do I need to file for a green card?
citizen or permanent resident who filed their I-130 petition) fill out and submit an Affidavit of Support on Form I-864.
How to prove work based exemption?
If claiming the work-based exemption, you will also have to prove how many quarters of work your spouse or you has done by going to the Social Security website and creating an account.
How many credits can an immigrant earn?
parent while the immigrant was under the age of 18. And because a combination is okay, you could show that the immigrant earned 20 credits and the U.S. spouse earned another 20 during the time period that they were married, or any combination that gets you to at least 40.
Do widows need an affidavit of support?
residence, so long as they do so within the two years of the U.S. citizen's death and do not remarry. They will not need to submit an I-864 Affidavit of Support.
Do I need an I-864 to file a support application?
Such applicants do not need an I-864 Affidavit of Support to be filed for them. There is no need to file documentary proof of eligibility under this category. They will still, however, need to clear the public charge hurdle.
Do I need to submit an I-864?
A few green card applicants are exempt from the Affidavit of Support requirement, and do not need to submit a Form I-864 at all (though they might still face public charge issues).
Option # 1 – Petitioner Sponsors The Immigrant
Option # 2 – Using A Joint Or Co-Sponsor
- The second option is to use one or two joint sponsors. Being a co-sponsor carries huge responsibility because you’re asking someone to take financial risk when they sponsor an immigrant. A bit of hesitation is common among family members or friends. But if a family member or friend does accept this responsibility, here are the details. . . To be a joint sponsor, Y…
Which Immigrant(s) Can A Joint Sponsor Cover?
- A co-sponsor can pick up any “immediate relative” such as a K-1 or K-2 visa applicant as long as the sponsor is qualified. . How many joint sponsors can you have? There’s a simple rule to how many joint sponsors you can have: You can only have one (1) joint sponsor for a K-1 visa holder. However, if there are K-2 children adjusting status, regardless of how many, you’re allowed up to …
How Does A Joint Sponsor(S) Prepare Form I-864?
- A joint sponsor somewhat “replaces” the primary sponsor’s responsibility. The joint sponsor fills out and submits the I-864 as if he/she was doing it all — filling the form, gathering evidence, and supporting documentation. And although I go through the entire I-864 form in detail in another video, I’ll point out a few noteworthy questions here: . . Part 1 “basis for filing Affidavit of Support…
Frequently Asked Questions
- Is it “better” to self-sponsor or use a joint sponsor? Is there an advantage to the petitioner being the sponsor? And will it hurt your case if you use a joint sponsor instead? Although, the USCIS prefers that the US petitioner be the sponsor for all immigrants, it’s not required. It comes down to how reassured the USCIS is regarding the sponsor taking up responsibility for the immigrant(s). …