I-134 questions

[small axe 0]

Hey folks!

I can't seem to find any information concerning this issue elsewhere, so I thought I'd ask if anyone else has been in the same situation.

My fiancee & I are in the "limbo" stage between NOA2 approval and NVC processing, so I'm beginning to gather documents for her packet 3 and eventual interview in Bangkok. However... before we began this process in late September, she applied for a tourist visa from Thailand, which was summarily denied, after a 1 minute "interview". In support of THAT application, I submitted an invitation letter AND a completed & notarized I-134 (on the advice of a Thai immigration attorney) All documents were returned to her after the "interview" (in late May), and I have my original I-134 and a copy of her DS-156 in my possession.

I'm assuming that NOW I must submit a "fresh" I-134 (the first one was notarized in March of '06) along with updated supporting documents, but that means that I'm going to have to answer "yes" to question 9: "That I have previously submitted affidavit(s) of support for the following person(s)". This has me a bit worried, because I seem to remember seeing a post somewhere from a guy whose petition had been denied for submitting multiple affidavits within some unspecified time frame.

So... my questions:

1) Am I correct in assuming that I cannot use the I-134 that was previously submitted? Does the document have a "shelf-life"?

2) When completing the NEW document, should I attach a letter explaining all of this, or simply fill in my fiancee's name, and date of submission?

3) Since I have my original I-134 in hand, is there any reason to risk answering "no" to question 9?

Looking forward to the day when questions like these won't keep me up at night!

Thanks in advance for any suggestions!

[maggieNomar 0]

My understanding of the documents used for the interview is that they need to be within 60-90 days of the interview date. I would do a new I-134 (the notarizing part) when you have an interview date, and then not too soon. Same for birth certificates and police reports, unless your fiancee's country has different rules.

I would certainly include a letter of explanation. Don't want to give them a reason to deny you.

I would never risk lying on a government document. Just because you have the original I-134 in hand does not mean they do not have record of one.

Good luck to you.

[Ken_Maria 0]

1) You have to submit a new 134 as this is a totally differnt Visa process and application

2) You can include letters of explaniation but only provide them and have them available if you receive an RFE or asked the question at the interview. My Fiancee was denied two tourist visas and we did not receive any RFEs. Fill out a new document in it's entirity and answer all questions honestly. If you think a yes/no answer needs explaination, write the letter and have it available.

3) If I remember Question 9, it ask if privious Affidavits of Support have been submitted and for who? If that is right, answer yes because the consulate will pull up the B2 Tourist Visa on his system. Happend to us on our second attempt for tourist visa.

These are just my opinions, I am by far no expert or immigration attourney. Ken

So... my questions:

1) Am I correct in assuming that I cannot use the I-134 that was previously submitted? Does the document have a "shelf-life"?

2) When completing the NEW document, should I attach a letter explaining all of this, or simply fill in my fiancee's name, and date of submission?

3) Since I have my original I-134 in hand, is there any reason to risk answering "no" to question 9?

Looking forward to the day when questions like these won't keep me up at night!

Thanks in advance for any suggestions!

[small axe 0]

Thanks for the input!

There's really no danger of this issue resulting in an RFE (at least as I understand the term...), as this document will be presented at the foreign embassy at interview time. I only hope that I'm not sabotaging our application by acknowledging the earlier I-134, as unlikely as that seems.

I hadn't considered writing a letter of explanation and having my fiancee produce it only if requested. I sort of like that idea, except for the fact that (as I understand it...) ALL documents are collected at the Bangkok embassy for review an hour or two in advance of the actual interview. Also... the I-134 is a notarized document, and I'd expect that an attachment (as opposed to a supporting document, ie: statement from employer, or tax transcript) would have to be part of the package when notarized. Maybe not.

Anyway... thanks for your attention and advice!

[Ken_Maria 0]

We have our interview date and both Tourist Visa applications (with 134s) and denials were included in the package. I do not think tourist visa denials will affect the K1 process at all. We did not include any of the explaination letters but have them ready for the interview if asked. Ken & maria

Thanks for the input!

There's really no danger of this issue resulting in an RFE (at least as I understand the term...), as this document will be presented at the foreign embassy at interview time. I only hope that I'm not sabotaging our application by acknowledging the earlier I-134, as unlikely as that seems.

I hadn't considered writing a letter of explanation and having my fiancee produce it only if requested. I sort of like that idea, except for the fact that (as I understand it...) ALL documents are collected at the Bangkok embassy for review an hour or two in advance of the actual interview. Also... the I-134 is a notarized document, and I'd expect that an attachment (as opposed to a supporting document, ie: statement from employer, or tax transcript) would have to be part of the package when notarized. Maybe not.

Anyway... thanks for your attention and advice!

[small axe 0]

Okay. Wasn't clear from your earlier response whether or not you had filed I-134s with your applications for the tourist visas. (Also.. I now see from your timeline that you filed "official complaints" about the denial of those applications. Ha! My fiancee's response was to chop off her hair!)

At any rate, I don't expect any complications from the denial of a tourist visa. I'm only concerned about the multiple filings of the I-134, and only because I saw one post from one guy who'd been denied one time, somewhere in the world, ostensibly for that reason. As I recall, he didn't say, but I'm guessing that he filed them on behalf of multiple beneficiaries.

One question: You say that both tourist applications & denials were included in "the package". What package is that? Do you mean that you included two copies of the DS-156 and I-134 forms along with the denial letters in your original 129F submission? Or do you mean that you intend to submit them with your other documents at the interview. Just curious.

And... best of luck at your interview!!

[Ken_Maria 0]

Maybe Thailand is different, but in the PI, a 134 is required to show financial support as the sponsor for a Tourist Visa, so yes I filed 134s with both.

The complainst were not for the denials, it was for the rudness of the CO and their lack of explaination for the denial. They treated my fiancee like she was stupid and embarrassed me (I was present at both interviews). I got the official apology for the CO's rudeness.

Question 31 on the 156 ask if you have ever been denied a Visa to the US and we lisrted both Tourist Visa denials there. We wrote letters or memos of explaniation and have them ready but have not submitted them and will not unless asked. Our interview is 15 Feb, dau after Valentines. Good luck Ken & Maria

I now see from your timeline that you filed "official complaints" about the denial of those applications. Ha! My fiancee's response was to chop off her hair!)

At any rate, I don't expect any complications from the denial of a tourist visa. I'm only concerned about the multiple filings of the I-134, and only because I saw one post from one guy who'd been denied one time, somewhere in the world, ostensibly for that reason. As I recall, he didn't say, but I'm guessing that he filed them on behalf of multiple beneficiaries.

One question: You say that both tourist applications & denials were included in "the package". What package is that? Do you mean that you included two copies of the DS-156 and I-134 forms along with the denial letters in your original 129F submission? Or do you mean that you intend to submit them with your other documents at the interview. Just curious.

And... best of luck at your interview!!