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What is an affidavit of support?

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What is an affidavit of support?

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Old Mar 23rd 2010, 2:52 pm
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Default What is an affidavit of support?

I am just wondering. I am filling out a affidavit of support for my sons fiance as he does not make enough. Now what is that holding me to exactly?

Does that mean if my future daughter in law gets into debt and can't afford to pay it back then I have too? Or if she has a health care bill to pay and doesn't or can't then I am responsible?
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Old Mar 23rd 2010, 3:21 pm
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
I am just wondering. I am filling out a affidavit of support for my sons fiance as he does not make enough. Now what is that holding me to exactly?

Does that mean if my future daughter in law gets into debt and can't afford to pay it back then I have too? Or if she has a health care bill to pay and doesn't or can't then I am responsible?
Are you filling out an I-134 or an I-864?

For the K1 fiance visa, it should be the I-134. There should be instructions along with it which describe exactly what you are signing.

Same goes for the I-864. The form itself and the instructions give details about what you are responsible for.

Have you read them?

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Old Mar 23rd 2010, 3:22 pm
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Default Re: What is an affidavit of support?

In case you don't have a copy of the full instructions to read, they can be found at www.uscis.gov, Forms, I-134 and I-864.

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Old Mar 23rd 2010, 3:49 pm
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Default Re: What is an affidavit of support?

It means you are responsible until she either makes her 40 quarters of work, gets US citizenship, dies or gives up her greencard, divorce doesn't get out of it.

For any means tested benefits she might claim, the government could potentially go after you to recoup those costs.
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Old Mar 23rd 2010, 4:39 pm
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Default Re: What is an affidavit of support?

Originally Posted by Bob
It means you are responsible until she either makes her 40 quarters of work, gets US citizenship, dies or gives up her greencard, divorce doesn't get out of it.

For any means tested benefits she might claim, the government could potentially go after you to recoup those costs.
...and we are now discussing whether any new subsidies to buy health insurance would be included in those costs.
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Old Mar 23rd 2010, 11:41 pm
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Default Re: What is an affidavit of support?

Originally Posted by Bob
It means you are responsible until she either makes her 40 quarters of work, gets US citizenship, dies or gives up her greencard, divorce doesn't get out of it.

For any means tested benefits she might claim, the government could potentially go after you to recoup those costs.
Responsible for certain things. Not the things the OP listed in her original post, though.

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Old Mar 24th 2010, 6:01 am
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Default Re: What is an affidavit of support?

OK, I have yet to recieve the affidavit of support sorry. I am going to be filling it out soon sorry. I am not sure if it's a I-864 or a I-134 but my Son has had a K-1 fiance visa accepted for his alien fiance in the UK and my son does not qualify to sponsor her as he does not make enough at all. So he has asked me. So I don't know it its a I-864 or a I-134 Im going to be filling out?

Anyhow, I just wanted to know if that means I am financially responsible for her (my future daughter in law) and if she get into any debt I am responsible? and if so, for how long?

Last edited by stripeydots; Mar 24th 2010 at 6:20 am.
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Old Mar 24th 2010, 6:12 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
OK, I have yet to recieve the affidavit of support sorry. I am going to be filling it out soon sorry. I am not sure if it's a I-864 or a I-134 but my Son has had a K-1 fiance visa accepted for his alien fiance in the UK and my son does not qualify to sponsor him as he does not make enough at all. So he has asked me. So I don't know it its a I-864 or a I-134 Im going to be filling out?

Anyhow, I just wanted to know if that means I am financially responsible for her (my future daughter in law) and if she get into any debt I am responsible? and if so, for how long?
For a K-1 visa, it's the I-134.

See here:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
http://www.uscis.gov/files/form/i-134.pdf
http://www.uscis.gov/files/form/i-134instr.pdf

After his fiancee comes to the USA, if he's still not earning enough income, he might ask you to be a joint sponsor on the I-864, which goes along with her application for green card. See here:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
http://www.uscis.gov/files/form/i-864.pdf

Your questions should be answered by reading the links above, but come back if there is something you don't understand.

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Old Mar 24th 2010, 6:15 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
... but my Son has had a K-1 fiance visa accepted for his alien fiance in the UK...
Actually, your son has had his I-129F petition approved. The K-1 fiance visa approval (acceptance) will come when his fiancee applies in the UK.

... and my son does not qualify to sponsor him as he does not make enough at all.
You've referred to a daughter-in-law, so I just want to make sure you mean "her" in this sentence.

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Old Mar 24th 2010, 6:19 am
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Default Re: What is an affidavit of support?

Originally Posted by Bob
It means you are responsible until she either makes her 40 quarters of work, gets US citizenship, dies or gives up her greencard, divorce doesn't get out of it.

For any means tested benefits she might claim, the government could potentially go after you to recoup those costs.
Thanks, basically what Bob say makes sense to me as I don't find the immigration stuff very straight forward. From what I take Bob as saying is 'Yes I am responsible financially and for any debt that my future daughter in law has untill she makes 40 quarters of work, gets US citizenship, dies or gives up her greencard' Plain and simple as that I think!
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Old Mar 24th 2010, 6:23 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
Thanks, basically what Bob say makes sense to me as I don't find the immigration stuff very straight forward. From what I take Bob as saying is 'Yes I am responsible financially and for any debt that my future daughter in law has untill she makes 40 quarters of work, gets US citizenship, dies or gives up her greencard' Plain and simple as that I think!
You misunderstand what Bob is saying.

After reading the links above, see if you can come back with a more specific question. Or, you might even want to have a 1-time consultation with an immigration attorney who can explain the legal responsibilities you are signing onto. The I-134 and I-864 are very different affidavits of support. The I-864 is a legally binding contract between you and the US government, so you might want to be 100% fully aware of what you will be signing, if your son eventually asks you to be a joint sponsor.

The I-134 is a little more lenient, and the I-864 will override the I-134 when the time comes, but you should still understand what the I-134 is all about.

It's pretty clearly written right on the I-134 form, I take it you haven't read that yet?

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Old Mar 24th 2010, 6:32 am
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Default Re: What is an affidavit of support?

No I havent read it yet as I dont know which one I will have to fill out I-134 or an I-864?

I just know my son does not earn enough, infact not even 10% enough. So I dont know if I have to fill out a I-134 or an I-864 that she needs to take with her to London? As I know without me being an Affidavit of support she will not be permitted a K-1 visa.
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Old Mar 24th 2010, 6:40 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
No I havent read it yet as I dont know which one I will have to fill out I-134 or an I-864?

I just know my son does not earn enough, infact not even 10% enough. So I dont know if I have to fill out a I-134 or an I-864 that she needs to take with her to London? As I know without me being an Affidavit of support she will not be permitted a K-1 visa.
As Noorah mentioned earlier - I 134 is needed at the consular interview for the K1 visa. That is what she will take with her to the interview to get the K1 visa.

If you are asked to continue support of your future daughter in law at the time of adjustment of status (after she enters the US and applies for her green card), you'll be filling out the I 864 at that time.

For your purposes now, focus on the I 134.
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Old Mar 24th 2010, 6:43 am
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Default Re: What is an affidavit of support?

Originally Posted by Noorah101
For the K1 fiance visa, it should be the I-134. There should be instructions along with it which describe exactly what you are signing.
I thought I was pretty clear about which one is needed for the K-1 visa....

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Old Mar 24th 2010, 6:44 am
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Default Re: What is an affidavit of support?

Originally Posted by TracyTN
As Noorah mentioned earlier - I 134 is needed at the consular interview for the K1 visa. That is what she will take with her to the interview to get the K1 visa.

If you are asked to continue support of your future daughter in law at the time of adjustment of status (after she enters the US and applies for her green card), you'll be filling out the I 864 at that time.

For your purposes now, focus on the I 134.
OK thanks for that Tracy. My daughter in law to be will need a I 134 from me for her interview in London.

Now what might be the reasons I will need to fill out a I 864 after my daughter in law (future) ajusts her status after getting married to become a permanent resident? If my son is still only earning such a small amount will that probably be one reason?

Last edited by stripeydots; Mar 24th 2010 at 6:47 am.
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