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bszoom42
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
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
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
QUOTE(bszoom42 @ Aug 6 2007, 10:23 AM) *
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.

QUOTE
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
Thanks YuandDan! I can use that information to politely remind the consulate that they should accept my I-134.
cantwait2long
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
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
The delhi embassy replied to my e-mail, and confirmed that they did give me the wrong Packet 4.
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