Just Jenney

Hello everyone...

Many of you know I'm trying to find someone who is willing to be our co-sponsor for the I-134. The person I asked wants information on the I-134 from an official government site. The problem is that there AREN'T any official sites providing information ONLY about the I-134. Instead, the I-134 gets lumped together with the I-864.

This is unacceptable to me. The I-864 and the I-134 are similar, but different enough that they deserve their own separate FAQ pages. If anything, this is needed to simply clear up the confusion between the two.

I found a feedback form on the INS website, and tonight I sent them a request to create a separate I-134 FAQ page. I realize that my one little feedback note might not make any dent at all -- but hundreds of people read this forum, and I'm hoping lots of you will do what I've done.

Are you willing to help get the INS to create an I-134 FAQ page??

If so, go here -- http://www.ins.gov/graphics/exec/fee...s/feedback.htm

Cut and paste the message below -- just don't forget to add your name and information at the bottom!!

Will this work? Maybe, if enough people take 2 minutes to go to that INS feedback page and send them a letter requesting an I-134 FAQ page. We won't know until we try -- and given the utter lack of official information out there regarding the I-134, I think it's worth the effort.

Thanks in advance to any and all who join me on this. Change will only happen if we work to make it happen. This is a start.

~ Jenney

---------------------------------------------------------------

To Whom It May Concern:

Currently, the INS website does not have a FAQ page for the I-134 Affidavit of Support, even though it is desperately needed.

The only mention the INS makes of the I-134 Affidavit of Support is swallowed up in the FAQ page for another Affidavit of Support, the I-864.

While these two Affidavits have similarities, they also have vital differences, such as:

1) the I-864 is legally enforceable, whereas the I-134 is not; and

2) the I-864 is valid for 10 years, whereas the I-134 is valid for only 3 years.

Both primary sponsors and co-sponsors of the I-134 deserve accessible information specific to that particular affidavit of support. As of now, the INS is not providing that information.

PLEASE create a FAQ webpage dedicated SOLEY to the I-134 Affidavit of Support.

Thank you for your prompt attention.

[YOUR NAME],
[YOUR CITIZENSHIP]
Fiance(e) of [X] citizen applying for a K-1 visa

Khw

Do you think the INS will respond favorably to the statement about the I-134
not being "legally enforceable"?

; "Mark" wrote in message
news:[email protected]...
    > Hello everyone...
    > Many of you know I'm trying to find someone who is willing to be our
    > co-sponsor for the I-134. The person I asked wants information on the
    > I-134 from an official government site. The problem is that there AREN'T
    > any official sites providing information ONLY about the I-134. Instead,
    > the I-134 gets lumped together with the I-864.
    > This is unacceptable to me. The I-864 and the I-134 are similar,
    > but different enough that they deserve their own separate FAQ
    > pages. If anything, this is needed to simply clear up the confusion
    > between the two.
    > I found a feedback form on the INS website, and tonight I sent them a
    > request to create a separate I-134 FAQ page. I realize that my one
    > little feedback note might not make any dent at all -- but hundreds
    > of people read this forum, and I'm hoping lots of you will do what
    > I've done.
    > Are you willing to help get the INS to create an I-134 FAQ page??
    > If so, go here -- ]http://www.ins.gov/graphics/exec/feedback/feedba-
    > ck.asp?PurpSysID=5&StartURL=/graphics/feedback.htm[/url]
    > Cut and paste the message below -- just don't forget to add your name
    > and information at the bottom!!
    > Will this work? Maybe, if enough people take 2 minutes to go to that
    > INS feedback page and send them a letter requesting an I-134 FAQ
    > page. We won't know until we try -- and given the utter lack of
    > official information out there regarding the I-134, I think it's
    > worth the effort.
    > Thanks in advance to any and all who join me on this. Change will only
    > happen if we work to make it happen. This is a start.
    > ~ Jenney
    > ---------------------------------------------------------------
    > To Whom It May Concern:
    > Currently, the INS website does not have a FAQ page for the I-134
    > Affidavit of Support, even though it is desperately needed.
    > The only mention the INS makes of the I-134 Affidavit of Support
    > is swallowed up in the FAQ page for another Affidavit of Support,
    > the I-864.
    > While these two Affidavits have similarities, they also have vital
    > differences, such as:
    > 1) the I-864 is legally enforceable, whereas the I-134 is not; and
    > 2) the I-864 is valid for 10 years, whereas the I-134 is valid for
    > only 3 years.
    > Both primary sponsors and co-sponsors of the I-134 deserve accessible
    > information specific to that particular affidavit of support. As of now,
    > the INS is not providing that information.
    > PLEASE create a FAQ webpage dedicated SOLEY to the I-134 Affidavit
    > of Support.
    > Thank you for your prompt attention.
    > [YOUR NAME],
    > [YOUR CITIZENSHIP]
    > Fiance(e) of [X] citizen applying for a K-1 visa
    > --
    > Posted via http://britishexpats.com

Matthew Udall

1) It is true that one of the reasons they came out with the I-864 was due to the fact that they had trouble having the I-134 being held as an enforceable contract in a court of law, but I'm not aware of any litigation yet where the court has determined that the I-864 is an enforceable contract. Such case law might be out there by now, but if so I have not heard about it yet. Folinskyinla, have you heard any word on this issue yet?

2) What makes you think that the mere passage of 10 years will extinguish the validity of the I-864? What did you read, or whom did you talk to that gave you that impression?

M.U.

Just Jenney

On the INS's I-864 FAQ page, it states:

"Affidavits of support (Form I-864) filed on or after December 19, 1997, are legally enforceable."

It doesn't seem much clearer than that. What I'm more interested in is the INS clarifying that while the I-864 is legally enforceable, the I-134 is NOT. Having a FAQ page would clear that up, among other things.

Also on the INS's I-864 FAQ page, it states:

"The sponsorship obligation continues until the sponsored alien naturalizes, has worked or can be credited with 40 quarters of work, leaves the United States permanently, or dies."

Forty quarters of work equals 10 years. Assuming the sponsored alien does not naturalize, leave the US (both of which are very possible scenarios), or die (only 50% chance there), then sponsors of the I-864 are on the hook for 10 years.

By contrast, the I-134 is only valid for 3 years, according to the affidavit itself, but the affidavit does NOT state when or if this 3-year commitment can end early. Yet another reason why a separate FAQ page is needed for the I-134.

~ Jenney

Matthew Udall

Hi Jenny, thanks for your reply.
Oh I have little doubt that the INS takes the position that the I-864 was meant to be a binding contract, however they can say this all they want but it will be the courts who determine if the I-864 is indeed a binding document.

As an analogy, Congress passes laws all the time, and sometimes those laws are unconstitutional. The "court" decides which laws pass constitutional muster, regardless of what Congress might think about the laws they passed.

I doubt we will see an official publication from INS, where they say the I-134 is not worth the paper it is written on. This short posting by me is no substitute for a year’s long Contracts class that you would get in law school, to adequately explain the elements of a contract which would provide the background for our speculation as to what were the failings of the I-134 (as far as being a binding contract is concerned).

Yes, 40 quarters would take a minimum of 10 years to accumulate, however the first answer which only mentioned 10 years is not accurate. The mere passage of 10 years does not eliminate the obligations under the I-864. If one used the employment prong to eliminate the affidavit obligations, it would take a minimum of 10 years, however 10 years without employment won't do it.

Marriages might not last forever, but the obligations under an I-864 certainly can (and can even extend to the sponsor's estate after the sponsor's death).

I know it’s a small point, however I-864 sponsorship imposes serious obligations and I see this "10 year" incorrect explanation given over and over again. It's just not accurate unless you include the employment explanation, and again it could take someone longer than 10 years to excuse it via the employment prong.

M.U.