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Filed: Citizen (pnd) Country: Thailand
Timeline
Posted

I understand that the K-1 Visa, which is what my fiancee is applying for is a Non-immigrant visa while considered an immigrant visa in some respects.

On the Example Form DS-156 at VJ, Question 36 asks, "Has anyone ever filed an immigrant Visa Petition on Your Behalf? Example form Checked "NO"

http://www.visajourney.com/examples/Form-DS-156.pdf

On the Example Form I-134 at VJ, Question 10 asks, "I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services on behalf of the following person(s). If none, state "None." Example Form Lists a fictitious Fiancee to show we should list our current fiancee.

http://www.visajourney.com/examples/Form-I-134.pdf

My question is, are the two VJ Example forms consistent for DS-156 question 36 and I-134 question 10?

Clearly I-134 question 10 asks for any petition while DS-156 question 36 asks only pertaining to Immigrant Visa petition.

Additionally, DS-156 is asking the foreign beneficiary if anyone has ever filed an Immigrant Visa petition for the beneficiary. I-134 asks the petitioner if he has filed any visa petition. Assume that the beneficiary has NOT had an immigrant visa petition filed on their behalf by a DIFFERENT USC petitioner.

Is that the reason the answers can be different and are consistent?

Thanks

Naturalization N-400

Posted

You have to answer the questions as they pertain to you and your situation.

The examples are just that, examples.

On the 156 - they want to know if any visas were filed. (this is prior to this new filing). Most people would put "no" since they never had filed before (for an immigrant visa).

On the 134 - you would put the 129F (since your talking K-1) - for question 10. You would also put any other petitions you may have put in. (as they consider them all).

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted

You have to answer the questions as they pertain to you and your situation.

The examples are just that, examples.

On the 156 - they want to know if any visas were filed. (this is prior to this new filing). Most people would put "no" since they never had filed before (for an immigrant visa).

On the 134 - you would put the 129F (since your talking K-1) - for question 10. You would also put any other petitions you may have put in. (as they consider them all).

Thanks Bobby. I always respect your opinion and appreciate the answers you have given to others. I am glad you gave me your view on this matter.

Thanks also to Otto und Karin. I am an "equal opportunity thanker."

Naturalization N-400

 
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