DS-156 and AOS question

[jingai 0]

Hello, we finally received packet #3 from Montreal. However, our packet did not include any reference to DS-156, as the guide suggests it would. Has this form been obsoleted, or am I missing something?

Also, for the Affadavit of Support, they included a link in the packet to http://www.travel.state.gov/visa/immigrant.../info_3730.html. This link takes you to form I-864, which I believe to be a longer version of I-134, correct? It states there that I-134 is not acceptable. Is this right?

Thanks in advance for the help,

Jonathan & Jenn

[YuAndDan 153]

K-Visas at all consulates use I-134 because K-Visas are NON-Immigrant visas. I-864 is for Green-Cards.

Consider this K-Visas are handled by the immigrant processing unit at the consulate, so in many cases they do provide incorrect links on their websites.

Other Immigrant Categories - When an I-134 May be Needed

Do applicants who are applying for an immigrant visa in a visa category that does not require the I-864 Affidavit of Support, such as the diversity immigrant visa, need to meet the public charge provisions of Section 213A of the INA?

Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The applicants must show that they will not become a public charge. A consular officer may ask for an Affidavit of Support, Form I-134 and supporting documents. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA.

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

NOTE: Most consulates hold K-Visa I-134 to 125% povertyline.

Edited March 20, 2008 by YuAndDan

[jingai 0]

K-Visas at all consulates use I-134 because K-Visas are NON-Immigrant visas. I-864 is for Green-Cards.

I am confused though because our Packet 3 we received from Montreal specifically says to use I-864EZ. Is it just a generic letter?

-Jonathan & Jenn

[YuAndDan 153]

K-Visas at all consulates use I-134 because K-Visas are NON-Immigrant visas. I-864 is for Green-Cards.

I am confused though because our Packet 3 we received from Montreal specifically says to use I-864EZ. Is it just a generic letter?

-Jonathan & Jenn

Generic letter, again the immigrant visa unit handles K-Visas, so sometimes they will goof up and send out info that pertains to immigrant visas like IR-1 or CR-1, Immigrant visas are green-card visas so use I-864.

We were K-1, we used I-134 per department of state requirements, later when we adjusted status from NON-Immigrant to Immigrant in the USA to get Green-card we used I-864EZ.

All I-864s are used for green-cards.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% or (100% for military) of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Edited March 20, 2008 by YuAndDan

[jingai 0]

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

[YuAndDan 153]

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

K-Visas use DS-156 https://evisaforms.state.gov/ You can use this electronic one, it will generate a unique barcode on page 3 that the consulate can use to quickly enter the data in the form into their system.

[jingai 0]

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

K-Visas use DS-156 https://evisaforms.state.gov/ You can use this electronic one, it will generate a unique barcode on page 3 that the consulate can use to quickly enter the data in the form into their system.

Yes, but our packet 3 from Montreal didn't instruct us to complete the DS-156. My question is, does this mean they don't need it, or they forgot to mention it?

-Jonathan

[Yomtl 0]

Ok, thank you for clearing that up.

What about the DS-156 though? Ignore it for now since Packet 3 didn't mention it?

-Jonathan & Jenn

K-Visas use DS-156 https://evisaforms.state.gov/ You can use this electronic one, it will generate a unique barcode on page 3 that the consulate can use to quickly enter the data in the form into their system.

Yes, but our packet 3 from Montreal didn't instruct us to complete the DS-156. My question is, does this mean they don't need it, or they forgot to mention it?

-Jonathan

I just received my packet 3 from Montreal yesterday and it instructs to complete and return form DS-156 and form DS-230.

[jingai 0]

I just received my packet 3 from Montreal yesterday and it instructs to complete and return form DS-156 and form DS-230.

Yeah, they messed up the first time around and sent us the wrong packet. We just received the correct one and filled out the DS-156 as instructed.

My problem now is.. they instruct you to send back the checklist once everything has been obtained. We have everything but the medical examination, because it says that you need the appointment letter to bring to the doctor. But, later on, it says you can't get an appointment letter until the checklist has been returned.

We're considering just checking the box and sending it anyway, since we don't want to delay our appointment letter. Is this what most people do?

-j

[melusine 5]

Damn you are soo lucky ! u got ur interview date !!!!!!!

we sent it in the same date and we r still waiting....

[Vani 0]

I just received my packet 3 from Montreal yesterday and it instructs to complete and return form DS-156 and form DS-230.

Yeah, they messed up the first time around and sent us the wrong packet. We just received the correct one and filled out the DS-156 as instructed.

My problem now is.. they instruct you to send back the checklist once everything has been obtained. We have everything but the medical examination, because it says that you need the appointment letter to bring to the doctor. But, later on, it says you can't get an appointment letter until the checklist has been returned.

We're considering just checking the box and sending it anyway, since we don't want to delay our appointment letter. Is this what most people do?

-j

That doesn't make sense... Appointment letter? I thought you get your appointment letter after you send in the required documents and certificates, etc in packet 3.

To get a medical exam for immigration I think you just need to show them the packet 3 papers, that's what I did.

I still have the rest of my packet 3 with intrsuctions on how to get an appointment at the med office if you need scans.

Edited April 26, 2008 by Vani