Another I-134 Question

[military-wife 9]

By initial 'application', are you meaning the I-129F petition? That is not an application at all, and it does not require financial information. No one would, or does, receive an RFE for not meeting any income requirements with the I-129F petition. They are not included with the petition and are not dealt with at all by the USCIS. Financial requirements for sponsorship are dealt with by the Dept. of State for the actual K-1 visa.

Proof of meeting in person within the 2 years prior to filing the I-129F is what should be emphasized. It is one of the main requirements for the petition. Proof of relationship is also not a requirement of the I-129F. Adding proof of relationship is 'front-loading' and is for the consulate to see for the K-1 visa interview later. The USCIS does not deal with proving relationship validity with the I-129F petition. That is again for the Dept. of State to deal with when deciding whether or not to issue a visa.

I-129F is the petition = initial application! I agree it's not a "requirement", but like I said I did see some people get an RFE. I am just stating what I have seen on VJ since I joined. What is good about putting in the income docs into the I-129F app is that they will be forwarded to the consulate once you are at the interview stage. My interviewer already had the papers so he didn't even ask for it. Same thing or the "proof of relationship/proof of meeting in person 2 years prior". The interviewer just asked me questions about it because he saw all the additional paperwork in advance. The interviewer actually was thanking me for being so organized. Our interview took 3 mins top and I was approved on the spot.

Sorry if I wasn't clear but it is true that these two should be brought to the interview.

[KayDeeCee 4,902]

I-129F is the initial form that needs to be filed first, but it is a petition and not an application.

Anyway, you have a link to this RFE you heard about for financials with an I-129F petition? I have never seen such an RFE and I have been on VJ for over 5 years. No one gets an RFE for something that is not a requirement to begin with. No need for quotations around the word requirement either. They really are not a requirement. The USCIS does not handle and process the financial aspects of obtaining a visa. Like I said, issuing visas is the job of the Dept. of State. The CO decides if the foreign fiance(e) will become a public charge or not. The CO decides if the relationship is valid or just for immigration purposes. The I-129F is just a petition from the USC asking that their foreign fiance(e) be allowed to apply for a visa. What the I-129F instructions ask for is all that is needed to get the petition approved. No financials and no proof of bona fide relationship are needed or required for that.

I am not against front-loading. Certain consulates need more than others, but that is for relationship evidence and not financials. Even when front-loading, many are still asked for more evidence at the K-1 interview. Those sending the I-134 and financial info with the I-129F usually find themselves needing to provide another I-134 and recent supporting docs for the interview anyway, where they are actually asked for and required.

Edited November 9, 2015 by KayDeeCee