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I-864 part 1 AOS from K1 sense check

I-864 part 1 AOS from K1 sense check

Old Jul 18th 2011, 7:20 pm
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Default I-864 part 1 AOS from K1 sense check

Good afternoon all,

Im looking for a sanity check on I-864 question 1, basis for filing affidavit of support. My husband (USC) was the original and only sponsor of my K1 visa and his income is sufficient to meet the I-864 requirements. He is the only sponsor for my AOS. When looking through the different answers to question 1, answers b-c are not applicable for him to select, leaving only answer a 'I am the petitioner. I filed or am filing for the immigration of my relative.'

However, the instructions to the I-864 refer to option a being for someone who has filed or is filling an I-130 or I-600, neither of which are true since I-130 is not required for K1 AOS.

Im guessing that option a is correct for our case despite what the instructions say since there is no 'other' box to tick?
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Old Jul 18th 2011, 7:27 pm
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Default Re: I-864 part 1 AOS from K1 sense check

Originally Posted by Fingers crossed View Post
Good afternoon all,

Im looking for a sanity check on I-864 question 1, basis for filing affidavit of support. My husband (USC) was the original and only sponsor of my K1 visa and his income is sufficient to meet the I-864 requirements. He is the only sponsor for my AOS. When looking through the different answers to question 1, answers b-c are not applicable for him to select, leaving only answer a 'I am the petitioner. I filed or am filing for the immigration of my relative.'

However, the instructions to the I-864 refer to option a being for someone who has filed or is filling an I-130 or I-600, neither of which are true since I-130 is not required for K1 AOS.

Im guessing that option a is correct for our case despite what the instructions say since there is no 'other' box to tick?
That is correct, he was the I-129F petitioner. He filed for the immigration of his relative.

Rene
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Old Jul 18th 2011, 7:32 pm
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Default Re: I-864 part 1 AOS from K1 sense check

He is the petitioner. He filed an I-129F petition for you. That's it

You'll find that K1's are a "step-child" and instructions aren't written to them, nor driver license laws, or many other things.
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Old Jul 18th 2011, 7:34 pm
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Default Re: I-864 part 1 AOS from K1 sense check

thanks guys
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