k-3 packet 3 -affidavit of support query

[hoozer 0]

Hi all,

my husband and I are applying for the k-3 visa. I am an australian citizen.

I am in the process of compiling documents to send my 'packet 3' to the US consulate in Sydney.

One of the forms required is the I-134 affidavit of support form.

I am instructed to provide the following with my other forms & documents:

14. Notarized affidavit of support, Form I-134, from your petitioning relative and/or from a U.S. citizen or legal permanent resident that is domiciled in the United States. The affidavit of support must be submitted with its supporting documents. Instructions are attached to the enclosed form I-134.

Now I am a little confused because my husband paid the I-134 fee online and received a 'receipt cover page' that told him the following:

After printing this cover sheet, the next step in the immigration process is for the Petitioner to follow the Affidavit of Support Processing Instructions.

You MUST RETURN THIS COVER SHEET with the Petitioner's completed forms and supporting documents. Failure to do this may result in a delay in processing. Please attach this page to the front of the documents for this case and mail to:

National Visa Center

Attn. CMR AOS

32 Rochester Avenue

Portsmouth, NH 038012909

So, it seems as though, he is required to send the original I-134 and supporting documents to the National Visa Center. and I am also required to submit the affidavit and supporting documents with my 'packet 3'. that's how is sounds anyway.

How is this possible? OR does it mean that, he must first submit the I-134 and supporting documents to the NVC and they then forward it to the US consulate in Sydney?

maybe i am just dense, but i do not understand this, it's not very clear to me. If anyone has done this before please let me know. what I think is that, he is just to submit the forms and documents to the NVC. should i just get him to send me a photocopy of all to send with my packet 3?

sincerely,

very frustrated and confused.

[pushbrk 12,106]

Hi all,

my husband and I are applying for the k-3 visa. I am an australian citizen.

I am in the process of compiling documents to send my 'packet 3' to the US consulate in Sydney.

One of the forms required is the I-134 affidavit of support form.

I am instructed to provide the following with my other forms & documents:

14. Notarized affidavit of support, Form I-134, from your petitioning relative and/or from a U.S. citizen or legal permanent resident that is domiciled in the United States. The affidavit of support must be submitted with its supporting documents. Instructions are attached to the enclosed form I-134.

Now I am a little confused because my husband paid the I-134 fee online and received a 'receipt cover page' that told him the following:

After printing this cover sheet, the next step in the immigration process is for the Petitioner to follow the Affidavit of Support Processing Instructions.

You MUST RETURN THIS COVER SHEET with the Petitioner's completed forms and supporting documents. Failure to do this may result in a delay in processing. Please attach this page to the front of the documents for this case and mail to:

National Visa Center

Attn. CMR AOS

32 Rochester Avenue

Portsmouth, NH 038012909

So, it seems as though, he is required to send the original I-134 and supporting documents to the National Visa Center. and I am also required to submit the affidavit and supporting documents with my 'packet 3'. that's how is sounds anyway.

How is this possible? OR does it mean that, he must first submit the I-134 and supporting documents to the NVC and they then forward it to the US consulate in Sydney?

maybe i am just dense, but i do not understand this, it's not very clear to me. If anyone has done this before please let me know. what I think is that, he is just to submit the forms and documents to the NVC. should i just get him to send me a photocopy of all to send with my packet 3?

sincerely,

very frustrated and confused.

1. There is no I-134 fee.

2. You are applying for a visa, not you and your husband.

3. If your husband paid a fee to process an affidavit of support, that would be an I-864, not an I-134 and for a CR1 visa, not a K3 visa.

4. If you are "submitting" documents before an interview, it's for a CR1, not a K3 visa.

5. Consult the CR1/IR1 guide for your next steps and an understancing of the appropriate visa process.

[hoozer 0]

1. There is no I-134 fee.

2. You are applying for a visa, not you and your husband.

3. If your husband paid a fee to process an affidavit of support, that would be an I-864, not an I-134 and for a CR1 visa, not a K3 visa.

4. If you are "submitting" documents before an interview, it's for a CR1, not a K3 visa.

5. Consult the CR1/IR1 guide for your next steps and an understancing of the appropriate visa process.

I say 'we' are applying for it because 'we' are married. he is the petitioner, i am the alien spouse, right. so yes, I am applying for the visa but whatever, that's irrelevant. we have the steps for the K-3 visa, the US consulate in Sydney emailed me and I am required to provide an I-134. - I will check out whether we were supposed to pay a fee or not though. The US consulate in Sydney requires that I submit this package of various documents before they place an interview with me, where they return the documents to me. So, I don't know what you're talking about this CR1 visa for.

[Penguin_ie 5,986]

Pushbrk can be a bit apprupt, but he is correct in everything he says. Can I ask why you are applying for a K3? The CR-1 is far better, it means no adjustment of status once you are in the USA.

[hoozer 0]

Applying for k3 because i do not wish to be a permanent resident. We will leave the US and reside in australia. Also, approval process is longer for cR 1, so i've read.

[Patrick~n~Jerri 0]

I am an American and my husband is Irish. We are applying for his K-3. I had to prepay for the Affidavit of Support processing. I then submitted (mailed) the I-864 Affidavit of Support, all supporting documents and the cover sheet to the address specified. My husband hasn't received his DS-230 packet yet so I don't know if there will be an additional request for an Affidavit of Support. Did your packet 3 specifically request the I-134?

[pushbrk 12,106]

I am an American and my husband is Irish. We are applying for his K-3. I had to prepay for the Affidavit of Support processing. I then submitted (mailed) the I-864 Affidavit of Support, all supporting documents and the cover sheet to the address specified. My husband hasn't received his DS-230 packet yet so I don't know if there will be an additional request for an Affidavit of Support. Did your packet 3 specifically request the I-134?

Whenever anybody embarks on a K3 visa path, they also have a parallell CR1 visa path. You paid a fee associated with the I-864, which is part of the CR1 visa path. If you are dead set on a K3 visa, then ignore all correspondence related to your I-130. You've wasted $70. Do you want to waste the $400 they'll ask you for next?

On the other hand, you could do the opposite and forget about the K3 and follow the CR1 path.

Applying for k3 because i do not wish to be a permanent resident. We will leave the US and reside in australia. Also, approval process is longer for cR 1, so i've read.

Then why do you need a K3 visa at all? How long do you plan to stay in the USA?

[hoozer 0]

I am an American and my husband is Irish. We are applying for his K-3. I had to prepay for the Affidavit of Support processing. I then submitted (mailed) the I-864 Affidavit of Support, all supporting documents and the cover sheet to the address specified. My husband hasn't received his DS-230 packet yet so I don't know if there will be an additional request for an Affidavit of Support. Did your packet 3 specifically request the I-134?

Whenever anybody embarks on a K3 visa path, they also have a parallell CR1 visa path. You paid a fee associated with the I-864, which is part of the CR1 visa path. If you are dead set on a K3 visa, then ignore all correspondence related to your I-130. You've wasted $70. Do you want to waste the $400 they'll ask you for next?

On the other hand, you could do the opposite and forget about the K3 and follow the CR1 path.

Applying for k3 because i do not wish to be a permanent resident. We will leave the US and reside in australia. Also, approval process is longer for cR 1, so i've read.

Then why do you need a K3 visa at all? How long do you plan to stay in the USA?

longer than 3 months. and can't stay longer than 3 months without a visa.

[hoozer 0]

I am an American and my husband is Irish. We are applying for his K-3. I had to prepay for the Affidavit of Support processing. I then submitted (mailed) the I-864 Affidavit of Support, all supporting documents and the cover sheet to the address specified. My husband hasn't received his DS-230 packet yet so I don't know if there will be an additional request for an Affidavit of Support. Did your packet 3 specifically request the I-134?

My husband is American and I am Australian. So he sent the first petition, received a NoA shortly after. then sent the second petition and forms and shortly after received the NoA2.

I haven't read or received anything that requires my husband to submit an I-864.

I just read this from another forum:

For a K3 petition the I-134 affidavit is used.

For the CR1 petition the I-864 affidavit is used.

The CR1 is a much better visa. Fewer steps & fees. The immigrant gets the green card after entering the US, no adjustment of status.

So maybe you sent the wrong affidavit? I now think my husband and I should have filed for the CR1 visa, but it's too late now. plus I can just adjust my status to permanent resident once I am in the US.

I received an email from the consulate in sydney, australia titled 'K-3 - packet 3'

it had specific instructions, and yes they did request the I-134- which my husband had to pay a $70 fee for.. i will copy and paste the email. but since your husband is Irish and is dealing with a different consulate - requirements could be different.

The Consulate has received your approved petition. If you have minor, unmarried children under the age of 21 years, they may apply for K-4 visas.

Note that a child of a U.S. citizen petitioner is not eligible for a K-4 visa unless that child is also a qualifying child of an eligible K-3 spouse.

You may now download the forms from the following website:

http://canberra.usembassy.gov/consular/visas/iv/forms.html

Forms required

Form DS-156 — Nonimmigrant Visa Application

Form DS-230 — Application for Immigrant Visa and Alien Registration

Form I-134 — Affidavit of Support

Form K3 – Applicant’s Statement of Readiness to be Interviewed

A medical examination is required. For further information please refer to the following website: http://canberra.usembassy.gov/consular/visas/iv/medical.html.

To obtain a list of the Panel Physicians, please refer to the following website http://canberra.usembassy.gov/consular/visas/iv/doctors.html . Medical forms are only obtained from the Panel Physician. All forms will be sent directly by the Panel Physician to the Consulate.

If you need to obtain a police certificate for Australia, please refer to the following website: http://canberra.usembassy.gov/consular/pol...ertificate.html.

If you need to obtain a police certificate for another country, please visit the State Department website on http://www.travel.state.gov/visa/frvi/reci...ocity_3272.html

Please note that you must be interviewed and have your visa issued within the four-month validity of your petition.

The initial set of instructions known as “Packet 3” is listed below.

You are required to obtain the original and a photocopy of each document. Your original documents will be returned to you at the time of your final visa interview.

As soon as you have obtained all of the documents that apply to your case, complete the K3 - Statement of Readiness, and mail the form together with all your applicable documents.

After the forms and documents have been received in this office, you will be scheduled for a visa interview at the earliest possible date.

1. The applicant should complete and return form DS-230 (Part I only) as soon as possible to the U.S. Consulate General, Sydney. We only accept original forms, not faxed or scanned copies. If your children will apply with you, please complete a separate form for each child. We cannot process your case until this form is received.2. Fill out two copies and sign forms DS-156, Nonimmigrant Visa Application. These forms consisting of three pages must be completed on-line and printed after completion. Please refer to website http://evisaforms.state.gov/ to access form DS-156. If your children will apply with you, two copies of forms DS-156 for each child must be completed in full, including photograph.

3. Two photographs please staple one photograph to each completed DS-156 Application Form for a Non-immigrant Visa. (Photographs must be un-mounted full-face photos, taken within the 6 months previous to your visa interview; & measuring 2 by 2 inches (roughly 50mm square) with the head centered in the frame and a full-face view with the visa applicant directly facing the camera).

4. One original or *certified copy of your birth certificate and of all unmarried children under the age of 21 regardless if they are applying with you or following you at a later stage (and one photocopy each). The certificate should contain the date and place of birth and names of both parents.

5. One original or *certified copy of your marriage certificate (and one photocopy).

6. One original or *certified copy of divorce/death certificates of any prior marriages (and one photocopy).

7. One original or *certified copy of evidence of any name change (and one photocopy).

8. Australian police certificate. Please refer to the instructions on our website.

9. Passport, which must be valid for travel to the U.S. and must have six months validity beyond the issuance date of your visa.

10. Medical report, please note that you are required to submit proof of vaccinations to the panel physician in order that s/he completes Form DS-3025. Please refer to our website for the list of approved doctors.

11. Application Fee (also known as the Machine Readable Visa Fee). The current application fee is USD131.00. Please submit the original cash register receipt from any Australia Post Office. No other form of payment is accepted. You must pay this at Australia Post. Attach the receipt to the outside cover of each passport. The Exchange rate is subject to change. Please refer to the following website for fees and payment. http://travel.state.gov/visa/temp/types/types_1263.html12. Court and prison records if applicable.

13. Translations. All documents not in English must be accompanied by certified English translations. Translations must be certified by a competent translator and sworn before a Notary Public.

14. Notarized affidavit of support, Form I-134, from your petitioning relative and/or from a U.S. citizen or legal permanent resident that is domiciled in the United States. The affidavit of support must be submitted with its supporting documents. Instructions are attached to the enclosed form I-134.

15. Child custody: any minor child applying with a parent must submit custody information. This may include a court order verifying sole custody to the immigrating parent; a signed and dated affidavit from the child’s other parent advising of his/her knowledge and consent for the child to live in the United States, which should include a copy of a photo ID of that parent, or a death certificate of the other parent.

Please note that all civil documents must bear an original signature, stamp and seal of the issuing office or registrar. Copies certified by attorneys, Justice of the Peace, Notary Public etc., are not acceptable.

K-3 visa processing times vary. There may be unexpected ineligibilities that become apparent only at the time of your interview which require additional time and processing. For this reason, you should not make any irrevocable arrangements, such as purchasing non-refundable tickets, selling your home, or quitting your job, until after your immigrant visa is actually approved and issued to you.

Sincerely,(K.S.)Immigrant Visa Unit

U.S. Consulate General, Sydney

So I have everything I need to send off with my packet 3, except the affidavit of support and supporting documents because my husband is supposed to submit them to the NVC. so I don't understand how that works. I think the best thing to do would be to call the NVC or the consulate in your husbands country and speak with someone to get clarity. It's a pain, but the paperwork can become confusing - better to speak to a person.

[Married2aTico 0]

I suppose it can vary by country, but it is my understanding that an I-134 is not a requirement for the K3. I did not fill one out for my husband and he received his visa with NO PROBLEMS. You do need to show financial evidence that you are above the 2-person family poverty line (W2's, letter of employment and salary, pay stubs, tax transcripts, etc.).

If you send anything to New Hampshire that is for a CR1, so if you do not want to go that route, ignore them. Just follow the instructions from the foreign consulate.

Please be aware that both options have positive sides. The reason my husband and I opted for the K3 is that we waited so long, we just wanted to get an interview and get him here as soon as possible. (Costa Rica schedules interviews very quickly after receiving the packet).

He has been in the States for several months now and has all the necesities: a driver's license, work permission and a SSN. Once we are closer to our two year anniversary, we will file AOS. That way, he will automatically get a 10-year green card and we will not have to go through the involved removal of condtions process.

Just thought I would share my experience. Good luck to all!

Edited October 22, 2009 by Married2aTico

[hoozer 0]

I suppose it can vary by country, but it is my understanding that an I-134 is not a requirement for the K3. I did not fill one out for my husband and he received his visa with NO PROBLEMS. You do need to show financial evidence that you are above the 2-person family poverty line (W2's, letter of employment and salary, pay stubs, tax transcripts, etc.).

If you send anything to New Hampshire that is for a CR1, so if you do not want to go that route, ignore them. Just follow the instructions from the foreign consulate.

Please be aware that both options have positive sides. The reason my husband and I opted for the K3 is that we waited so long, we just wanted to get an interview and get him here as soon as possible. (Costa Rica schedules interviews very quickly after receiving the packet).

He has been in the States for several months now and has all the necesities: a driver's license, work permission and a SSN. Once we are closer to our two year anniversary, we will file AOS. That way, he will automatically get a 10-year green card and we will not have to go through the involved removal of condtions process.

Just thought I would share my experience. Good luck to all!

thanks. but yes, i think the requirements vary from consulate to consulate.. so I think it best if people who have applied for a K-3 through the US consulate in Sydney respond to this thread.

[pushbrk 12,106]

I suppose it can vary by country, but it is my understanding that an I-134 is not a requirement for the K3. I did not fill one out for my husband and he received his visa with NO PROBLEMS. You do need to show financial evidence that you are above the 2-person family poverty line (W2's, letter of employment and salary, pay stubs, tax transcripts, etc.).

If you send anything to New Hampshire that is for a CR1, so if you do not want to go that route, ignore them. Just follow the instructions from the foreign consulate.

Please be aware that both options have positive sides. The reason my husband and I opted for the K3 is that we waited so long, we just wanted to get an interview and get him here as soon as possible. (Costa Rica schedules interviews very quickly after receiving the packet).

He has been in the States for several months now and has all the necesities: a driver's license, work permission and a SSN. Once we are closer to our two year anniversary, we will file AOS. That way, he will automatically get a 10-year green card and we will not have to go through the involved removal of condtions process.

Just thought I would share my experience. Good luck to all!

thanks. but yes, i think the requirements vary from consulate to consulate.. so I think it best if people who have applied for a K-3 through the US consulate in Sydney respond to this thread.

It's illegal for a Consulate to accept an I-864 in a K visa case, so that's not Sidney specific. The question is whether the I-134 is "required" or the public charge concerned can be addressed in another way but the I-864 is a definite NO for any K series visa.