Received incorrect Packet 4?

[bszoom42 0]

Hello,

I believe the New Delhi Embassy made a mistake and handed my fiancee the incorrect Packet 4 with her inteview letter.

The reason I think that is as follows:

1. Our interview letter is correct, it mentions we are pursuing the K-1 Visa.

2. The Packet 4 they provided is asking for a I-864 instead of I-134.

3. The Visa fee is listed as USD 385 instead of USD 100.

4. There is no mention of form DS-156 or DS-156K being required.

5. Form DS-230 Pt2 is Required; which is not typical for K-1 Visa.

6. The categories of applicants listed are only "Immediate Relative and family preference", "Employment Preference", "Returning Resident", and "Diversity Visa". The K-1 Visa does not fit into any of those categories.

7. The New Delhi Embassy Website has a totally different Packet 4 for K-1 applicants, http://newdelhi.usembassy.gov/ivk1packet4.html, and that was what I was expecting my fiancee to receive.

Has anyone received a Packet 4 for K-1 from Delhi recently? Can you confirm my suspicions, or perhaps has Delhi changed its process?

[YuAndDan 153]

Sometimes they do this, keep in mind the K-Visas are handled by the immigrant visa unit, and sometimes they can and do accidentally send out an immigrant (CR-1/IR-1) packet.

You can download I-134, DS-156K, DS-157... from the web.

I-134

http://travel.state.gov/visa/frvi/forms/forms_1342.html

[bszoom42 0]

Thanks YuandDan.

Acutally, we already have the appropriate forms for K-1 filled out. My concern is that if I need to switch to using a I-864 instead of an I-134, that means that the Affadavit of Support that had notarized (6 orignals, nonetheless) and already sent to her won't be used, and I need to scramble to fill out the I-864 and send it her way.

[YuAndDan 153]

Thanks YuandDan.

Acutally, we already have the appropriate forms for K-1 filled out. My concern is that if I need to switch to using a I-864 instead of an I-134, that means that the Affadavit of Support that had notarized (6 orignals, nonetheless) and already sent to her won't be used, and I need to scramble to fill out the I-864 and send it her way.

I-864 is for GREEN-CARD either by AOS from K-1 or K-3 (IN USA) or CR-1 at the consulate.

I-134 is for K-1 or K-3 visa at the consulate.

From the foreign affairs manual, instruction book used by all consulates.

9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant (CT:VISA-823; 07-14-2006)

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen, K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134, is necessary.

You shall not require or accept Form I-864, Affidavit of Support Under Section 213A of the Act in K visa cases. Such applicants will, however, have to submit Form I-864, to the Bureau of Citizenship and Immigrations Service

(BCIS) at the time of adjustment of status to that of a lawful permanent resident (LPR).

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

[bszoom42 0]

Thanks YuandDan! I can use that information to politely remind the consulate that they should accept my I-134.

[cantwait2long 0]

Parag,

Could you please tell me what documents are to be submitted with Package 3.

I will appreciate your help.

Good Luck.

Thanks.

Raj

[bszoom42 0]

Raj,

We never received Packet 3, so we don't know for sure, but here is what my fiancee brought to the embassy, and they picked and chose what they wanted.

1. DS-156

2. DS-156K

3. DS-230 Part 1

4. DS-230 Part 2

5. Applicant's Statement & Checklist (I made my own custom version off of the Delhi Website Info)

6. Applicant's Statement & Checklist (from Mumbai Packet 3)

7. 2"x2" Passport Photos (some attached to DS-156, some loose)

8. Photocopies of each and every page (including the cover) of her passport

9. Passport

10. Drivers License

11. I-797C (NOA1), I-797 (NOA2), NVC Letter

12. E-mail from New Delhi Embassy instructing her to go to Counter #1 at 4:00 PM to drop off these forms.

I hope this helps.

[bszoom42 0]

The delhi embassy replied to my e-mail, and confirmed that they did give me the wrong Packet 4.

Edited August 10, 2007 by bszoom42