mika_hakkinen
Primećen član
- Poruka
- 770
Mika mozes li mi objasniti koja je razlika izmedju I-134 i I-864 Affidavit of Support?
ukratko:
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.
- - - - - - - - - -