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OF-167 clarification


david_dawei

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ON the OF-167, it states:

 

"A sponsor may prefer to forward his or her affidavit of support directly to the consular office where the visa application will be made, in which event the contents will not be divulged to the applicant. "

 

1) Is this a practice that the consulate allows for K1? (Or is this statement only for the NIV classifications--other than K1) ?

 

Some might want to keep their financial situation undisclosed until a later time.

 

2) One additional question that naturally arises is whether this could be interpreted by a adjudicating officer as a flag against the relationship; It could appear as if the petitoner is withholding information, although that is not necessarily a correct interpretation in ever case; some just want to be careful with disclosing their financials. I know you cannot disclose the nature of determining fraudulent relationships, but any comments are appreciated.

 

thanks.

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Dear CFL,

 

For K1 / K3 cases:

 

Per the instructions included with the "K Instruction Packet" (K Packet 3), and in the "K1/K3 Appointment Packet" (K Packet 4), the consulate requests that applicants / petitioners obtain and prepare ahead of time evidence of financial support, including documentation listed on OF-167 (and I-134 forms), but the actual time to submit this financial documentation is at the interview window.

 

It is okay for a petitioner to seal his/her documents in an envelope and request that the applicant wait until the interview to open it. (We see many cases like this.) We definitely understand that petitioners may want to safeguard their personal information, and will not "penalize" an applicant in such a situation. Even so, in determining the validity of a relationship a consular officer may ask an applicant about the petitioner's financial situation and/or their financial ties.

 

Sincerely,

 

USCONGUZ

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