I-864 or I-134? When to use I-864

bentlebee

Registered Users (C)
My friend won the DV lottery and I-134 was used during AOS.

After becoming a citizen and supporting the parents I-134 was used and AOS was suspended for RFE and one of the items was the request for I-864 instead of I-134!

Basically the form is similar but from reading online it seems I-864 is more enforceable so I wonder why is USCIS even using I-134 and confusing people who have the same intent which is to get a green card and should I-864 better be used to avoid suspension for all cases or will USCIS then request I-134 to be used?

The other RFE request was for copy of stamp of last entry in passport and asking for copy of I-94 which was already included in the package but that may just have been a standard sentence in that same request line.

Hopefully someone can shine a light on this question. Thanks
 
The 864 is an enforceable contract, required when someone is a sponsor of an immigrant. So, the sponsor asks for immigration benefit for a relative and has to commit to financial support.

The DV lottery is self sponsored, so no one is asking for immigration benefit, and no one can be forced to provide support. The 134 is not enforceable as a contract of support, and whilst it is a legal document it does not create the same obligations.

So, DV lottery and a couple of other cases - i134, anything else, I864.
 
I-134 is for nonimmigrant visas (including K) as well as DV-based permanent residency.
I-864 is for family-based permanent residency.
 
My friend used I-134 when winning the DV lottery and nothing was said about the form and proof.

Now being a citizen 5 years later she sponsors her parents and included I-134 but RFE requested I-864 so how can you know which form to use?

When the parents get their green card they can sponsor their other child and which of the two needs to be used at that time?

Thanks in advance.
 
Thanks but I'm confused with "non immigrant visas as they go for a green card.

But on another note. If parents have a green card and sponsor their child do they use I-864 in that case?
 
Thanks but I'm confused with "non immigrant visas as they go for a green card.

But on another note. If parents have a green card and sponsor their child do they use I-864 in that case?

For all the cases you mention, I864. If you cannot understand that you should probably be using a lawyer, the use of the i134 in the recent case was an obvious mistake, that no lawyer should have made...
 
For all the cases you mention, I864. If you cannot understand that you should probably be using a lawyer, the use of the i134 in the recent case was an obvious mistake, that no lawyer should have made...
Well the I-134 was accepted for DV lottery...and I understand that lawyers have the best knowledge at least if you have a good one which is not always the case.
It seems the confusion about the 2 different AOS forms happens quit often and is luckily not a big issue for USCIS as they just request the other form.

I was just seeking to get some clarity as it is not always clear why USCIS doesn't use the more enforceable form since I feel if that is the main reason and difference between the 2 forms why not using the better form for all cases. Isn't it that Americans need to be protected from immigrants who seek entitlements a.s.a.p. instead of a sponsor paying for them if they can't afford to pay for their own expenses or get a job.
 
Well the I-134 was accepted for DV lottery...and I understand that lawyers have the best knowledge at least if you have a good one which is not always the case.
It seems the confusion about the 2 different AOS forms happens quit often and is luckily not a big issue for USCIS as they just request the other form.

I was just seeking to get some clarity as it is not always clear why USCIS doesn't use the more enforceable form since I feel if that is the main reason and difference between the 2 forms why not using the better form for all cases. Isn't it that Americans need to be protected from immigrants who seek entitlements a.s.a.p. instead of a sponsor paying for them if they can't afford to pay for their own expenses or get a job.

I explained that already. If you want to ask for immigration benefit for a family member you are expected to make a contractual commitment to pay for them (I864). Other immigrant cases (like the DV cases) are not requested on behalf of the beneficiary. It is as simple as that.
 
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