questions and guayaquil consulate´s answers--any interpretations?

[nutmeg 0]

Hello everyone,

I have some interview-related questions that I´d like to put to you all for your experience- or knowledge-based answers. I emailed the following to the Guayaquil Consulate and they replied quickly enough, but their answers are either unintelligible (to me) or conflict with what i´ve seen here on VJ. Any interpretations would be much appreciated.

MY EMAIL to the consulate:

Hello,

I have searched your website but have not been able to find answers to the following questions. I´m hoping someone can help me by providing me with some concrete information. I have been unable to get a coherent English response when calling the Visa Information phone number.

1) My case number (---) is listed on the website´s Packet 4 link under March 29, but we have not yet received packet 4. Does the .pdf Packet 4 information on the website suffice?

2) According to the .pdf Packet 4 information on the website, my Ecuadorian fiance must bring ¨tax reports¨ W2s, and 1040s to the interview as evidence for the I-134. However, I, the petitioner, did not file for 2008 or 2007 due to low income. Can I bring a letter explaining this? Also, for how many years is tax information required? Can I /Should I bring tax transcripts for the year 2006?

3) The website says that documents in Spanish do not need to be translated, but that documents in other languages do. Does this include documents in English such as my tax information, bank letters, etc.

4) Do documents need to be originals, or do black and white photocopies suffice?

5) According to only the English version of the instructions for the .pdf Packet 4 information on the website, my Ecuadorian fiance must bring bank letters. Do these need to be on bank letterhead? If my bank cannot give me a letter, can I instead bring online bank statements?

6) I, the petitioner, am currently living and working in Quito. Should my employment letter be in Spanish or English? Should it be on company letterhead? Also, should I bring my ¨comprobantes de retencion¨/ pay stubs containing tax information.

7) I will have a cosponsor (my father) for the I'134 Affidavit of Support. Can his supporting evidence be copies, or must they be originals?

Thank you in advance for your help in answering my questions.

THEIR RESPONSE:

Thank you for your message. We will answer your question as follow:

1) If you have not received the packet 4 just go after the instructions in the webpage

2) You have to sign and notarize the affidavit of support I-134 and a job letter

3) The documents that should be translated only Spanish to English

4) We need originals

5) Bank letter from the petitioner not beneficiary and bank statements are acceptable

6) Should be in English with the company name letterhead

7) I-134 must be original , the tax returns could be copies

[TBoneTX 45,825]

This is typical of that outfit (incompetent bureaucracy). See answers throughout:

1) My case number (---) is listed on the website´s Packet 4 link under March 29, but we have not yet received packet 4. Does the .pdf Packet 4 information on the website suffice?

You may never receive Packet 4, through the combination of poor Ecuadorian mail service and the consulate's own incompetence. Our Packet 4 arrived extremely late, and it contained outdated pages (by a year or more), and I had to compare the versions side-by-side. Print whatever is on the website, and if you find an even more up-to-date form elsewhere on the USCIS website, use it.

2) According to the .pdf Packet 4 information on the website, my Ecuadorian fiance must bring ¨tax reports¨ W2s, and 1040s to the interview as evidence for the I-134. However, I, the petitioner, did not file for 2008 or 2007 due to low income. Can I bring a letter explaining this? Also, for how many years is tax information required? Can I /Should I bring tax transcripts for the year 2006?

This is the only aspect of the entire consular experience that wasn't an issue for us, and I had even included the I-134 in the initial I-129F filing and conjured up a one-page "refreshing the information" document to update it. The consulate didn't seem to care about it, and no financial question was asked in the interview. I'd say to bring what you can, and follow their seemingly lost-in-space instruction below. (Be SURE to bring along a copy of the e-mail in which they offered that instruction.)

3) The website says that documents in Spanish do not need to be translated, but that documents in other languages do. Does this include documents in English such as my tax information, bank letters, etc.

Do what they say -- just Spanish into English.

4) Do documents need to be originals, or do black and white photocopies suffice?

Bring all the originals that you have, but DON'T give them your only version of anything -- keep something for your files.

5) According to only the English version of the instructions for the .pdf Packet 4 information on the website, my Ecuadorian fiance must bring bank letters. Do these need to be on bank letterhead? If my bank cannot give me a letter, can I instead bring online bank statements?

Do what they say; it's unclear whether letter AND statements or letter OR statements are acceptable, but get both (for yourself only).

6) I, the petitioner, am currently living and working in Quito. Should my employment letter be in Spanish or English? Should it be on company letterhead? Also, should I bring my ¨comprobantes de retencion¨/ pay stubs containing tax information.

Do what they say, and bring the extra stuff just in case.

7) I will have a cosponsor (my father) for the I'134 Affidavit of Support. Can his supporting evidence be copies, or must they be originals?

Their response, surprisingly, is clear; do it.

Thank you in advance for your help in answering my questions.

You may be thanking them advance, but I'd lay money that you'll be cursing them in retrospect. Good luck with your prep, Dear.

[nutmeg 0]

Thanks for your wise words, TBone. I guess I'm just still a little confused about their answers on 2 points (perhaps I exaggerated *a bit* in my original post with the word "unintelligible"--most of it was merely confusing rather than completely unintelligible):

1) Do the 134 and employment letter REALLY have to be notarized (as their answer to question 2 affirms)? I thought that was only for the old version of the 134...

2) Do I REALLY have to translate Spanish documents (e.g., my fiance's birth certificate and police record) into English (as their answer to question 3 states)? The FAQs page of their website says that documents in Spanish are acceptable: "Do I need to bring translations of my documents on my appointment date? --Any document in Spanish does not need to be translated. If you have documents in other languages, you must present translations that have been notarized in the U.S. Consulate." And from what I can remember reading here on VJ, no one else has translated their Spanish documents...Please correct me if I'm wrong!

I'm planning to call the Consulate within the next week and see if I can talk to someone who can clarify these contradictions. I'm not banking on clear or definite answers, though...I suppose that ultimately I'm just going to bring more rather than less, both originals and copies of everything. But I'm really hoping I don't have to notarize and translate anything!!

Any further ideas on this would be more than welcome. Thanks everyone

[TBoneTX 45,825]

1) Do the 134 and employment letter REALLY have to be notarized (as their answer to question 2 affirms)? I thought that was only for the old version of the 134...

That's correct, but be prepared for the consulate to be unaware of the rules. Print blank versions of both forms; be prepared to point out the "freshness dates" on each; print the full USCIS instructions on completing the "new" I-134, and (if questioned) ask the consul or flunky to point out exactly where the "new" I-134 states that it must be notarized; and if you still receive flak, state aloud (without rancor, but in serious tone) that you are displeased by the consulate's apparent failure to remain aware of current requirements, and that if this is converted into a "negative" against you, you will contact the Section Chief and the Consul General to remind them of current forms & policies.

2) Do I REALLY have to translate Spanish documents (e.g., my fiance's birth certificate and police record) into English (as their answer to question 3 states)? The FAQs page of their website says that documents in Spanish are acceptable: "Do I need to bring translations of my documents on my appointment date? --Any document in Spanish does not need to be translated."

Print THIS page from their FAQs, highlight that statement, and be prepared to shove it under their nose.

I'm not banking on clear or definite answers, though.

Si, man, because these you will NEVER get.