K-1 Question

[Craigjjs]

Hi everyone,

My understanding of the K-1 Fiance visa process is that the Affidavit of Support is not submitted until the filing of the Adjustment of Status after the marriage in the U.S.  Is this correct or is it submitted by the fiance at the interview prior to issuance of the K-1?

Thanks,

Craig

[Ray]

... in response to K-1 Question, posted by Craigjjs on Jun 3, 2005

The legally enforceable Affidavit of Support (Form I-864) is not required for K-1s until she submits the Adjustment of Status after you are married.

However, the old Affidavit of Support (Form I-134) is optionally required by the overseas embassy as part of the visa interview documentation. This is normally submitted by your fiancée along with the other visa documents. The consular officers are required to make a determination that your fiancée will not become a public charge after she arrives in the U.S., hence they will ask for evidence of your income, employment, and/or assets.

The I-864 is more stringent in documentation and income requirements. Before you complete the I-134 and/or financial documentation for the visa interview, it would be a good idea to study the instructions for the I-864. If you can satisfy the requirements for the I-864, then you should be more than qualified for the I-134 standards.

Ray

[Craigjjs]

... in response to Yes and Yes, posted by Ray on Jun 3, 2005

Thank you Ray.  That makes sense.  As usual you are a wealth of wisdom.

Craig