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My parents , uncle and aunties are getting visit visa , do I need to fill out form 1-134 online ? When I checked the web of form 1-134 , it says"

Form I-134

Form I-134 is the form for an Affidavit of Support. This form is required with all K nonimmigrant visa applications. K visas are for the fiancé(e)s (K-1), children of fiancé(e)s (K-2), and spouses (K-3) of U.S. citizens when the applicant intends to travel to the United States and adjust status to green card holder (or permanent residence).

 

I didn't see it's required for B-2 visa.

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The I-134 is an affidavit of support. It's not applicable to a tourist visa. Concentrate your efforts on reasons why they will return to China after the visit.

 

http://travel.state.gov/visa/temp/types/types_1262.html#apply

 

Gather and prepare the following required documents before your visa interview:

  • Passport valid for travel to the U.S. - Your passport must be valid for at least six months beyond your period of stay in the U. S. (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
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I-134 is used with any non-immigrant visa type, it shows how a non-immigrant will be supported while visiting the USA, and it shows that they will not become a possible public charge while visiting the USA. It is not needed when applying for the visit visa, however should be something brought to the visa interview

 

It is not a requirement, however it is recommended in cases where a visitor is going to be staying with and visiting family in the USA, and is one of the items listed in the visit visa thread. http://candleforlove.com/forums/topic/8469-visitors-visa/

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From experience with Jie's mom (2 denials of the B2 visa), as well as from other Chinese who have had the B2 denied, is that INA Section 214(b) denials are quite frequent and common.

 

214(b) is failure of the intending visitor to prove that they have strong ties that will cause them to return to China. Some examples of strong ties are owning a home, owning a rental property, having children there, a good job, money in the bank, etc.

 

Like Carl said, this is what they really need to focus on...proving that they have strong connections to China that are going to cause them to NOT want to overstay their visa and instead return to China.

 

From the Dept of State website:

 

 

 

 

INA Section 214(b) - Visa Qualifications and Immigrant Intent

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

  • Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
  • Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)

What are considered strong ties to my home country?

Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:

  • Your job;
  • Your home; and/or
  • Your relationships with family and friends.

While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.

Is a refusal under section 214(b) permanent?

No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.

 

 

Edited by ameriken (see edit history)
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