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Is the I-864 Required with AOS?

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  • Is the I-864 Required with AOS?

    Hello all,
    I hate starting a whole new thread for this but I can't seem to find a definitive answer. I'm hoping someone here can help me...

    I here on a K-1 Visa and I married within the 90 days. Yay! Now I'm putting together my I-485 AOS package and I had a question.

    Is the I-864 required with the I-485 AOS? Some say yes it is required and some say no, because an affidavit for support was already filed with my I-129 for my K1.

    A secondary (and not as important question), what do you do with the 2X2 passport style photographs? What are they attached to? Did you kust put yours in a ziplock bag? lol.

    Good luck to all and I welcome all tips!! Thanks in advance!
    Last edited by gojev93; 05-06-2019, 07:58 AM.

  • #2
    The form you were suppose to use during I-129F and K-1 process is I-134, not I-864. I-864 is specifically required for I-485 as well as proof to go with it (Tax Records) If you do not submit it in the initial package you will be getting RFIE for it.

    It also listed on the official USCIS checklist https://www.uscis.gov/i-485Checklist

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    • #3
      I can't tell you if the i864 is required, but if I had doubts I'd send it again. The photos, I paperclipped them to the form that required them.
      Marriage to USC, B2 Visitor AOS filed at NBC
      Concurrent i485, i130, i765, i131
      9/27/2018: RD/PD
      10/2/2018: Fingerprint Fee
      10/4/2018: Notice Date all
      10/12/2018: Bio Notice Date
      10/29/2018: Bio Appt
      2/7/2019: i693 Courtesy Letter date
      3/12/2019: i485 Ready to be scheduled for interview
      5/3/2019: second i765 Out of normal processing time SR
      5/15/2019: raised ombudsman SR
      5/20/2019: EAD was mailed day 235

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      • #4
        Originally posted by gojev93 View Post
        Hello all,
        I hate starting a whole new thread for this but I can't seem to find a definitive answer. I'm hoping someone here can help me...

        I here on a K-1 Visa and I married within the 90 days. Yay! Now I'm putting together my I-485 AOS package and I had a question.
        Is the I-864 required with the I-485 AOS? Some say yes it is required and some say no, because it was already filed with my I-129 for my K1.

        A secondary (and not as important question), what do you do with the 2X2 passport style photographs? What are they attached to? Did you kust put yours in a ziplock bag? lol.

        Good luck to all and I welcome all tips!! Thanks in advance!
        Yes, your petitioner's I-864 is required with your I-485. Your petitioner should not have filed I-864 with I-129F or for any other part of the K-1 process; an I-134 (not I-864) would have been filed at the K-1 visa stage.

        You can put the photos in a bag if you want.

        This is my personal opinion and is not to be construed as legal advice.

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