QUESTION

Is it right to file I130 instead of I864 for my fiancé if my income is not enough and I have to have a co-sponsor?

Asked on May 02nd, 2014 on Immigration - Texas
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4 ANSWERS

I-130 is for a family-based petition and not fiancee visa petition. I-864 is affidavit of support. They are completely different forms.
Answered on May 28th, 2014 at 11:15 AM

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Adebola O. Asekun
You cannot file I-130 for a fiance. You can only file a Form I-129F for a fiance, not an I-130 petition which is filed for spouses. before filing any form with CIS read the instructions carefully
Answered on May 15th, 2014 at 1:41 PM

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International Law Attorney serving West Los Angeles, CA at JQK Law Firm
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The are separate forms. Both must be filled. A joint sponsor would file an i-864 in addition to your own i-864.
Answered on May 05th, 2014 at 6:43 AM

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Unless you are already married to one another, you cannot file an I-130 or I-864 for her because those forms are only applicable to spouses. The correct forms to use for a fiancee petition are the I-129F and I-134. If you are legally married in the future, you will need to file the I-130 petition first and then the I-864, regardless of your income, after the petition has been approved and transferred to the National Visa Center for consular processing.
Answered on May 02nd, 2014 at 1:40 PM

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