To I-865 or I-134

[Hamsher]

I am a little confused about this point. I am about to submit my I-485 and want to know which is correct for the Affidavit of Support. We have already submitted an I-134 as part of the original petition (I-129)

https://www.immihelp.com/exempations-and-exceptions-for-affidavit-of-support/

Many thanks!

[nichole]

For adjustment of status the form is I-864 to prove/pledge financial support of the immigrant.

[Hamsher]

Excuse my typo on the heading. I am wanting to know why you have to pledge your financial support twice?

Also the I-864 come in 5 types? Is there anyone who has experience of this part of the process?

[nichole]

Yes I have experience with filing the I-864.

The visa came from the Department of State via the US embassy. They basically wanted to know the fiance would be covered for the term of her non-immigrant visa stay--90 days. The I-134 is not even enforceable as a contract..

Fast forward to AOS. It's a new process so forget what they have in your K1 file. Most filing for it weren't even K1s. So repeat anything like it's being seen for the first time. You are applying to a different government unit, the USCIS, who has their own list of requirements. The I-864 is a legally binding contract, even if your spouse dumps you.

The short version explanation of forms--
I-864- filed by petitioner, even if he has zero income.

I-864A- If you have a parent, sibling, or adult child living in your house who is willing to add their income to yours to bring you up to the poverty level. The I-864A is the way they "give permission" for you to use their income on your I-864 and to also be legally bound to that support.

I-864 of joint sponsor- if you need a joint sponsor (who is not your relative living in your house) then they fill out this form to go with your primary sponsor form I-864.

I-864EZ- Can be used instead of I-864 if you are sponsoring only one person, with only your income. No joint sponsor allowed with this version.

I-864P is just a chart of the poverty levels.