ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresIs this enough proof of our relationship?
Hi there everyone..

I am just in the process of putting together the final parts of our I-129F application.. do you think the following is enough proof of our having met in the past AND our continuing relationship:

1. Copies of our train passes from recent travels in Europe.
2. Copies of flight passes for a flight we took in 2006 from Bangkok to Tokyo
3. Copies of flight passes for a flight we took in 2007 from Rome to Barcelona
4. Copies of visas in our passport to Cambodia & Vietnam
5. Copies of photos (2 photos from 2003, 2 from 2005, 2 from 2006 and 2 from this year) - my fiances hair changes throughout which is good proof!
6. Copies of emails between us (1 from each of 2003, 2004, 2005, 2006 and 2007)
7. Copies of three cards between us - 1 from me to him, 2 from him to me - with different dates
8. Copy of a letter from me to him with a date stamp on the envelope

CONTINUING RELATIONSHIP
1. Copies of a flight itinerary for a flight we are taking in October to Australia

This is all I could muster together.. do you think it's enough?
brynahFemaleAustralia2007-09-19 12:28:00
K-1 Fiance(e) Visa Process & ProceduresHow do I know about a NOA1?
QUOTE (Nini & Bee @ Sep 24 2007, 10:52 PM) <{POST_SNAPBACK}>
If you paid your application fee through a money order or check, you can usually get your case number from the back of the MO or check and register for online updates at the USCIS website.



How do I get my case number from the back - I paid by money order?
brynahFemaleAustralia2007-09-24 21:54:00
K-1 Fiance(e) Visa Process & ProceduresHow do I know about a NOA1?
I notice that a lot of people say theirs has been received "online" before posting a date for their hard copy? How do I know the difference? How do I find mine online?

thanks for your help!
brynahFemaleAustralia2007-09-24 21:50:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support - help!
QUOTE (pushbrk @ Oct 1 2007, 10:40 AM) <{POST_SNAPBACK}>
QUOTE (brynah @ Oct 1 2007, 07:30 AM) <{POST_SNAPBACK}>
Hi everyone

Another question for you all.. my fiance is going to be living in Australia with me for the next seven months, during which time our visa will hopefully be approved. He is going to be able to work in Australia for some of that time (the first four months), so he won't have a job in America. If his mother is definitely going to be our co-sponsor, does he need a job? He'll obviously find one again once we come back to get married, but he's not going to have one during the visa process.

Thanks for any help..


It's a common issue. If the parent qualifies to sponsor, no worries. Your fiance will still need his own I-134 accurately filled out though.


Thanks. To clarify, for her to qualify, she needs to be 125% above the poverty level for herself, my fiance and myself, correct?
brynahFemaleAustralia2007-10-01 09:43:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support - help!
Hi everyone

Another question for you all.. my fiance is going to be living in Australia with me for the next seven months, during which time our visa will hopefully be approved. He is going to be able to work in Australia for some of that time (the first four months), so he won't have a job in America. If his mother is definitely going to be our co-sponsor, does he need a job? He'll obviously find one again once we come back to get married, but he's not going to have one during the visa process.

Thanks for any help..
brynahFemaleAustralia2007-10-01 09:30:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the country.. what should we take?
QUOTE (Mr and Mrs Bird @ Oct 19 2007, 03:55 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Oct 19 2007, 12:43 PM) <{POST_SNAPBACK}>
QUOTE (Mr and Mrs Bird @ Oct 19 2007, 03:40 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Oct 19 2007, 12:31 PM) <{POST_SNAPBACK}>
QUOTE (ausqueen @ Oct 19 2007, 03:11 PM) <{POST_SNAPBACK}>
Hi brynah,
...jelaous of you going back home wink.gif

Seven months! If it all goes well... you might be almost nearing your interview by then.
Other than tax stuff - his ORIGINAL docs - birth cert, divorce papers (if) + work related, like a letter from his current employer, bank letter as for accounts held etc. + evidence of ongoing relationship like phone bills or internet communication records (if he is leaving stuff on comp here) + your photos, receipts of travels, hotels etc.

I'm thinking all this in case you get interview while he is there with you, so he has all that... oh well... at least some ideas thrown your way. smile.gif

Enjoy your time back home and good luck with the process. Hope USCIS timing will be on your side!

ausqueen



He's actually quitting his job to come with me.. hopefully this won't matter as we're getting his mum to co-sponsor?? He needs a letter from his bank saying what money he has?

Thanks for your help.. can't wait to go back! It's been 2.5 years!


Don't hang me up on it. But for me it dosn't seems as a good thing if he is quitting his job in a middle of an application of a visa case. But I don't understand all the rules



I don't know.. maybe it's not the best plan, but we want to stay together. We've spent far too much time apart already. He'll be working in Australia.. I hope this is okay.. anyone else know!?


Now it's a couple of years ago I went to my K1 visa interview in my homecountry.
And I remember them being only interested in my husbands economy to support me, and how strong ties he had to not leave US to live in my country.
I would say that if he left USA for 7 month they would easy believe that he didn't had any ties and could move to me instead


thats odd, i never knew that. now I'm worried! I don't know how to prove we still intend to move there.. other than his return ticket to the US? and his Aus visa expiring? he's not intending to stya in Aus at all
brynahFemaleAustralia2007-10-19 15:48:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the country.. what should we take?
QUOTE (Mr and Mrs Bird @ Oct 19 2007, 03:40 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Oct 19 2007, 12:31 PM) <{POST_SNAPBACK}>
QUOTE (ausqueen @ Oct 19 2007, 03:11 PM) <{POST_SNAPBACK}>
Hi brynah,
...jelaous of you going back home wink.gif

Seven months! If it all goes well... you might be almost nearing your interview by then.
Other than tax stuff - his ORIGINAL docs - birth cert, divorce papers (if) + work related, like a letter from his current employer, bank letter as for accounts held etc. + evidence of ongoing relationship like phone bills or internet communication records (if he is leaving stuff on comp here) + your photos, receipts of travels, hotels etc.

I'm thinking all this in case you get interview while he is there with you, so he has all that... oh well... at least some ideas thrown your way. smile.gif

Enjoy your time back home and good luck with the process. Hope USCIS timing will be on your side!

ausqueen



He's actually quitting his job to come with me.. hopefully this won't matter as we're getting his mum to co-sponsor?? He needs a letter from his bank saying what money he has?

Thanks for your help.. can't wait to go back! It's been 2.5 years!


Don't hang me up on it. But for me it dosn't seems as a good thing if he is quitting his job in a middle of an application of a visa case. But I don't understand all the rules



I don't know.. maybe it's not the best plan, but we want to stay together. We've spent far too much time apart already. He'll be working in Australia.. I hope this is okay.. anyone else know!?
brynahFemaleAustralia2007-10-19 14:43:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the country.. what should we take?
QUOTE (ausqueen @ Oct 19 2007, 03:11 PM) <{POST_SNAPBACK}>
Hi brynah,
...jelaous of you going back home wink.gif

Seven months! If it all goes well... you might be almost nearing your interview by then.
Other than tax stuff - his ORIGINAL docs - birth cert, divorce papers (if) + work related, like a letter from his current employer, bank letter as for accounts held etc. + evidence of ongoing relationship like phone bills or internet communication records (if he is leaving stuff on comp here) + your photos, receipts of travels, hotels etc.

I'm thinking all this in case you get interview while he is there with you, so he has all that... oh well... at least some ideas thrown your way. smile.gif

Enjoy your time back home and good luck with the process. Hope USCIS timing will be on your side!

ausqueen



He's actually quitting his job to come with me.. hopefully this won't matter as we're getting his mum to co-sponsor?? He needs a letter from his bank saying what money he has?

Thanks for your help.. can't wait to go back! It's been 2.5 years!
brynahFemaleAustralia2007-10-19 14:31:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the country.. what should we take?
QUOTE (YuAndDan @ Oct 19 2007, 02:46 PM) <{POST_SNAPBACK}>
I would file late returns, US citizens are required to file returns every year, the US citizen may be exempt from paying taxes on foreign income but not exempt from filing a return.

This may cause problems when filing I-864 for status adjustment.




We plan to, so we'll take the papers needed and he can send it from there.
brynahFemaleAustralia2007-10-19 13:49:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the country.. what should we take?
Hi everyone..

My fiance and I are heading back to Australia next week for seven months, where we will work. We sent off our petition in September and got our NOA1 a few days later. We expect, hopefully, to complete the process while we are both in Australia, but if worst comes to worst, he will come back to the US after the seven months and I'll finish it off by myself.

Is there anything you guys can suggest we take to aid us in the process while we are there? We don't want to rely on his mum having to send us stuff while we wait.

I have signed up for the email alerts on the USCIS website - I assume that will be the first notification of the NOA2, before it arrives in the mail? Is that correct?

He never did a tax return for 2006 as he didn't work in the US during that year, so we need to take the documents for that.

ANYTHING else!?

Your help is appreciated..
brynahFemaleAustralia2007-10-19 13:39:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-134
QUOTE (chinemeze @ Oct 23 2007, 05:17 PM) <{POST_SNAPBACK}>
There is a always a consular setion at every embassy overseas that can help notarize documents. I would imagine that the U.S embassie in Aussiieland has a section like that too.

Just my opinion, did you ever consider doing a DCF? Since you guys are going to be away for that long, and he seems to be able to have the capacity to get a job there. JMHO




We did consider doing it but you have to be a "permanent" resident for six months first and he will only be there on a "temporary" visa.. unfortunately.. it was the "visa of my dreams"!!!

As for the notary help, thanks a lot! Very good to know!
brynahFemaleAustralia2007-10-23 19:19:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-134
QUOTE (Gwen666 @ Oct 23 2007, 04:59 PM) <{POST_SNAPBACK}>
1. Yes, that's correct.

2. Yes, it's okay for his mother to act as a co-sponsor.

3. Yes, the form needs to be notarized, and I'm not sure if a substitute would do...you might be best to ask that in the regional forums so people who have dealt specifically with Australia can answer.



Do you happen to know if there is a way to prove he is going to return to work. I notice there is another form - I184 - or something similar, can we use this? Do we need to use this?

Thanks for your help
brynahFemaleAustralia2007-10-23 16:09:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-134
Hi everyone

I have a few questions about the I-134 form. My fiance (USC) and I are leaving this week to go back to Australia (my country of citizenship) for the next seven months. We received our NOA1 in September and are hoping our NOA2 will arrive and we'll get our interview during the seven months we are in Aus. If anyone can help with the following questions, it would be great.

1. My fiance is leaving his job in the US to come to Australia. He'll work in Australia but I understand that this income cannot be counted. Is this correct?

2. According to the I-134 form, he only could really provide evidence of the amounts in his bank accounts, and no other forms of evidence. His mother will be co-sponsoring me. Will this be okay? My fiance does not have much money in the bank however his mother has more than enough income/assets to co-sponsor me and my fiance will return to work when we return to the US together.

3. The form has to be signed by a Notary Public or something - if he is in Australia, is there an equivalent who can sign this? Or does he need to be in America? Help!

Thanks very much.. any advice/answers appreciated..
brynahFemaleAustralia2007-10-23 13:21:00
K-1 Fiance(e) Visa Process & ProceduresApproved - need help!
Thanks all.. and thanks for the congratulations too.

This is all very helpful.

Hawaii is definitely a consideration as it is smack between Aus and US!
brynahFemaleAustralia2008-01-31 22:39:00
K-1 Fiance(e) Visa Process & ProceduresApproved - need help!
Hey everyone

We found out today that we were approved on Thursday (31 Jan). We filed in September and it was right on schedule according to the estimated timeline.. about 6 days early, actually.

I've got a few questions now, though:

1. We are some of the lucky few who are actually managing to stay together (in Australia) throughout this whole process. We actually want to stay in Australia for the rest of this year and then move to the US and get married next year. This is going to sound really spoilt, but is there a way to postpone things? As I understand it, we have four months to gather together the documents we need for the interview.. correct? That takes us to about June. If the interview is in June and all goes well, we have six months to get to America.. that takes us to December. That means the marriage must occur between December and March which is winter. We wanted to get married in summer, preferrably June.. is there a way anyone can think of to do this. It's so NOT a big deal if it can't happen, obviously we just want to be together.. but if anyone can think of a way, let me know.

2. Do I need the hard copy of the NOA2 to be sent to us in Australia? It'll be sent to my fiances address in America (his mums house).

3. My fiance and I are working here in Australia.. so he has no funds in America. We're going to get his mum or dad or sister to sponsor us (all make above $60k p.a.). Is this ok?

4. He hasn't worked properly in America for about two years now so his tax transcripts won't show much income. This is only necessary/important if he was going to support me by himself, right? If we have a co-sponsor, this won't be an issue?

Thanks EVERYONE for your help.
brynahFemaleAustralia2008-01-31 22:09:00
K-1 Fiance(e) Visa Process & ProceduresQ's regarding NOA2/Pkt 3
Thanks everyone.. I'm thinking I should just send it all in and get it under way. Don't want to screw my chances up.. I'll send it in and see what happens. Worst comes to worst, I can hopefully postpone my interview for a little while, etc.
brynahFemaleAustralia2008-03-20 23:15:00
K-1 Fiance(e) Visa Process & ProceduresQ's regarding NOA2/Pkt 3
Hi there everyone.

I have a few questions if anyone can help:

1. I have my NOA2 in front of me - it says it is valid from 1/31/08 - 5/31/08 - what does this mean? Does that mean I have until 5/31 to use it/send pkt 3 back? Any help would be appreciated.

2. In Pkt 3 - it says "complete and return immediately to this office the enclosed form DS-230I, Immigrant Visa Application Part I, Biographic Data" - I am intending to hold off on returning Pkt 3 as we do not want to have to leave Australia (my fiance is here in Australia with me) until early next year. Therefore I do not want the visa to be issued until July at the earliest. Should I still send the mentioned form? If I do, will I get an interview date, or will I not get the interview date until I send the entire packet?

3. Finally, it says if you have lived in another country for more than twelve months, you need to get a police certificate for that country. I lived in the UK twice, for a period of 10 months each time. My visa started in February 2005 and was valid until February 2009. I went to the UK and lived there from May 2005 until March 2006, then again from September 2006 until August 2007. I used the same visa the whole time, as it was a multiple entry visa. However there are stamps on my passport to say I came and went. Do you think I need to get a police certificate for the UK?

Thanks for your help..
brynahFemaleAustralia2008-03-20 21:14:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs Greencard Lottery
QUOTE (Jesse G @ Mar 20 2008, 11:56 PM) <{POST_SNAPBACK}>
The biggest difference is the obvious.... the DV Lottery is a lottery.... Might take you 5 or 6 years to get one, for all you know. Last time I calculated, a DV Lottery applicant had about a 65% chance of being selected for a visa.

What has led you to believe that "it looks like [your] number would come up in June for the Greencard Lottery"?


I'm sorry, should've been more specific. I have been selected in the lottery.. for this year. When you are selected and they send you your information, you get a number for your region. Then each month they issue a bulletin for each region that has a number on it (e.g. 500). If your personal number is under 500, then your interview will be that month, you'll start to receive all the information you need, etc. At the moment, they are about 100 numbers off my number for the month of May, so I'm assuming June will be my "lucky month".
brynahFemaleAustralia2008-03-20 23:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs Greencard Lottery
This is a strange question.. if anyone can help..

Last May, I was selected in the DV2008 lottery.. then in September, we applied for the K1 Visa. We received our NOA2 in January and I am looking through Packet 3 now. Regardless of the lottery application, we are going to try and hold off on getting the K1 interview until June/July, so that we can move towards the end of the year or the beginning of next year. My fiance is here in Australia with me during this whole time, so we don't have to rush to be together.. therefore we have the luxury of a bit more time.

I'm trying to weigh up the benefits of using the Greencard Lottery.. and if there are any, versus the K1.. at this point, it looks like my number would come up in June for the Greencard Lottery, so around the same timing as the K1.

The differences, as I know them, are this:

K1 and Greencard - both have to enter US within 6 months.
K1 - have to get married within 90 days.
Lottery - could get married whenever we wanted, therefore would have more time to plan/save money.

K1 - would get conditional greencard for 2 years
Lottery - would get 10 year greencard

Does anyone know of any additional benefits/disadvantages to either.. to help me choose? Costs? Does anyone know what happens if you enter in the lottery and then get married to a US citizen?
brynahFemaleAustralia2008-03-20 21:18:00
K-1 Fiance(e) Visa Process & ProceduresApplying for the K1 Visa while on another Visa?
QUOTE (Katie21 @ Mar 21 2008, 09:16 PM) <{POST_SNAPBACK}>
Hi All,

Got a question for you...

I am currently doing Optional Work Training (OPT) on an F-1 Visa which will be expiring in June this year. Even though i know i could get legally get married today while on this OPT visa, i want to apply for the K-1 visa so that we have more time in knowing that marriage is DEFINATELY for us. The plan so far is that i will go home to ireland in June, apply and then just wait for my interview.

However, i just started looking at the I-129F and i saw question 12. this question asks is currently in the US and they also gave you space to write in your 1-94 Number etc. My question is the following, can i start my process at the beginning of May while i am still here legally on OPT Visa as a way to get a head start. I will be home in June to recieve all my NOAs etc.

Anyone with any advice or help would be greatly appreciated!!!



I started the process for us when I was in America on the VWP. We started the process in September. My visa waiver expired in November and I left about a week beforehand. It was no problem. We got the NOA1 while we were still there. The American citizen/resident will be the one who recieves the NOAs, not you, anyway.
brynahFemaleAustralia2008-03-21 20:24:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
QUOTE (fwaguy @ Sep 27 2007, 02:18 PM) <{POST_SNAPBACK}>
QUOTE (KimandRuss @ Sep 27 2007, 01:15 PM) <{POST_SNAPBACK}>
I'm a little confused with the other discussion that is going on. Are you talking about me going there to be with him with my children until we are approved for 'whatever'?

Anything is possible at this point. I work for myself and mostly online so I can, and have, worked from abroad before. My family, including my 'x', is supportive of this relationship and helps in any way they can...including financially. My only problem would be my children's schooling. I am not opposed to schooling them myself BUT it is an issue we have not even addressed as of yet.

Is this what you mean?


It is called direct consulate filing or DCF. If you can live in NZ for the consulate required time (typically 6 mos or more) then you can file the I-130 directly with the consulate and thereby avoiding the USCIS service center backlog and the NVC processing.




Also, by "resident" they require you being there on some sort of "permanent resident" visa. Therefore, going there as a tourist and just staying for six months would not count.
brynahFemaleAustralia2007-09-27 13:22:00
K-1 Fiance(e) Visa Process & ProceduresUrgent - help with police certificate!!!
QUOTE (CL79 @ Jun 9 2008, 10:15 PM) <{POST_SNAPBACK}>
Hi,

I wrote to the US Embassy and asked if I needed the fingerprint check or name check and they told me to get the required fingerprint check if it is available. I am not an Australian but I lived in Australia for a few years. Since I am not residing there now, I went to the police headquarters here in my country to get my fingerprints taken and sent off the application to AFP in Canberra along with a cheque of AUD 93 something and my passport copy and another ID. I received my certificate in 4 weeks. That was in March.

As for your case, is there any where else you could get your fingerprints taken, perhaps at the local police station, and then send off the application to AFP?

Good luck.

Cheers star_smile.gif



Unfortunately, that was the earliest date for my local office!! I am ringing around nwo to try and find something else!

Thanks for your help!
brynahFemaleAustralia2008-06-09 21:21:00
K-1 Fiance(e) Visa Process & ProceduresUrgent - help with police certificate!!!
Hi there

Unfortunately, I've been VERY lazy with getting Packet 3 put together, as my fiance is here with me (until next Feb, at least). We've already had our NOA2 expire and be extended once, which I don't want to happen again, so I'm trying to get Packet 3 together now.

I've just been looking over the requirements and trying to arrange my police certificate. How do I know if I need to get a fingerprints check? I've made an appointment for one, but it's not until 28 July (at earliest). This is BAD news! Can anyone help?!
brynahFemaleAustralia2008-06-09 20:51:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP WITH AFFIDAVIT OF SUPPORT
Just to clarify then, does HE (my fiance) need to hand anything in to support his I-134? I have read the guides and so has he but we are really confused.. I've seen people mention tax transcripts and other things.
brynahFemaleAustralia2008-06-23 23:04:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP WITH AFFIDAVIT OF SUPPORT
QUOTE (brynah @ Jun 23 2008, 04:04 AM) <{POST_SNAPBACK}>
Hi there.

I am filling out the affidavit of support and need some help.

1. Do I (the Australian citizen in this relationship) need to fill out the I-134?

Also, a quick sum-up of our situation, so as to answer this next quesiton. My fiance and I have been together five years. Of these, he has worked approximately 2 in the USA. The others have been outside the USA. Therefore, his tax statements, savings, etc are pretty dismal and would not qualify for supporting me, especially as at the moment he is in Australia with me, so he has had no income history in America for a long time. This is why his mother is going to sponsor us. Here's my question..

2. She makes approximately 60,000 a year, I'd say. She is separated from her husband (his father) and they live separately but have never divorced and I think still file taxes together. Does this mean that her household size has to include HERSELF, HER HUSBAND, MY FIANCE and ME?! And if so, will she qualify? Or should her and her husband both sponsor me (is that possible). Or does his (the husbands) income count towards his own support, and therefore, she doesn't support him?

If that's confusing, I can clarify, jsut let me know.
Thanks!



ALSO, what do I need to hand in as evidence of any of this? Or is the form enough? I don't really understand.
brynahFemaleAustralia2008-06-23 04:34:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP WITH AFFIDAVIT OF SUPPORT
Hi there.

I am filling out the affidavit of support and need some help.

1. Do I (the Australian citizen in this relationship) need to fill out the I-134?

Also, a quick sum-up of our situation, so as to answer this next quesiton. My fiance and I have been together five years. Of these, he has worked approximately 2 in the USA. The others have been outside the USA. Therefore, his tax statements, savings, etc are pretty dismal and would not qualify for supporting me, especially as at the moment he is in Australia with me, so he has had no income history in America for a long time. This is why his mother is going to sponsor us. Here's my question..

2. She makes approximately 60,000 a year, I'd say. She is separated from her husband (his father) and they live separately but have never divorced and I think still file taxes together. Does this mean that her household size has to include HERSELF, HER HUSBAND, MY FIANCE and ME?! And if so, will she qualify? Or should her and her husband both sponsor me (is that possible). Or does his (the husbands) income count towards his own support, and therefore, she doesn't support him?

If that's confusing, I can clarify, jsut let me know.
Thanks!
brynahFemaleAustralia2008-06-23 03:04:00
K-1 Fiance(e) Visa Process & ProceduresI NEED HELP

Hello i need help i am a single mom i have 1 child my fiance put her name on our application but the problem is she is registered on my parents name...i just recieved our appointment letter and she is included there...my question is should i put her name on the DS-157 on the childs list knowing that she is registered on my parents name should i get affidavit to the lawyer that she is no longer on my custody?She is not coming with me.What should i do? For those who have same as my case please let me know what would i do this is stressing me...Thank you so much your reply would be highly appreciated...GOD BLESS


If your child isn't coming, don't say she is. I don't understand what you mean "she is registered on my parent's name."

If you don't return the packet three and visa application for her, she won't get an interview date. You don't need to make any statement that she is not coming. If asked, say she isn't coming.

I agree with what pushbrk said. But this is a bit odd, your daughter registered as your parents' daughter!!! I am sure you will need an affidavit from a lawyer, and maybe you and your daughter will need DNA test to prove your relationship. Good luck with your interview.
G_and_SNot TellingAustralia2007-07-09 01:56:00
K-1 Fiance(e) Visa Process & Proceduresfiance unaware of previous marriage
This case is really odd!!! Unbelievable!!!
G_and_SNot TellingAustralia2007-08-21 09:49:00
K-1 Fiance(e) Visa Process & ProceduresHere's what I've got
Angilla

Go back to the beginning of this post. With the evidence you listed, you are on the right track. Also on the right track in wanting to paint a complete picture. It is when there is not a complete picture that one really risks an RFE for further evidence of having met and evidence of having met that established the relationship. I think you are getting yourself all strung out and second guessing the evidence you had already gotten together...understandably so, but....breathe. Yes it was a while back when you first met him as a friar but as some of that time frame falls within the two years, I would use it to your advantage to show how your relationship was established even if just friends initially. It puts you in the same place at the same time. There is nothing at all wrong either with submitting evidence from both the visits.
aussiewenchFemaleAustralia2006-11-13 09:12:00
K-1 Fiance(e) Visa Process & ProceduresHere's what I've got

Nope my answer for Q18 doesn't say what evidence I'll be submitting to prove it but I'll certainly edit it to say that - thanks!

You don't have to list your evidence so to speak......but the evidence you submit is in support of Q18. There has been RFE's for Q18 and many overlook the importance of it. Any and all evidence one submits is in support of questions asked on the I-129F.

If I don't show ENOUGH evidence of our initial meeting as friends, or of his October visit... would they send me a RFE for it even though I have enough evidence of his December visit?

No one can catagorically say that someone won't receive an RFE. It is up to the adjudicator. Whilst they do have guidelines to follow, they are individuals and what may satisfy one, may not satisfy another. I would include the evidence you have, including any that show you met when he was a friar. Do you have evidence of your volunteer work as well as his R-1?
aussiewenchFemaleAustralia2006-11-13 08:53:00
K-1 Fiance(e) Visa Process & ProceduresHere's what I've got

They probably won't care about how we were friends/co-workers in person

That can be some of your strongest evidence so don't right it off as that will show how the relationship was established also.

I just wanted to paint a complete picture and leave no room for doubt in their mind. :blush: But maybe by showing the R1 as the only proof of us as friends and insufficient proof for his October visit would actually do more harm than good. Hmm.

Can you tell I'm confused?

No you are not confused. The correct thing to do is to try to paint a complete picture. How did you answer Q18? Does it describe how you met within the required two year period and whereby the evidence you are submitting supports those details?
aussiewenchFemaleAustralia2006-11-13 08:23:00
K-1 Fiance(e) Visa Process & ProceduresHelp - Stuck in No man's land!
The K-1 can be reissued if still within the original 90 days. The 90 day period of first entry still stands and one must reenter and marry within that original 90 days. There is no gurarantee it will be reissued, but it is within the powers of a conof to do so.

So if they had not gotten married before he left the country, he could have asked the consulate to reissue the K1? I had no idea that was even possible.


YuAndDan,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3. Biribiri would have been a good candidate for getting her K1 visa re-issued.

Requesting 'emergency' AP is not an option unless one has already applied for Adjustment and AP. It appears from their post that biribiri was not able to apply for Adjustement before leaving the country.

Yodrak


Edited by aussiewench, 13 November 2006 - 09:48 PM.

aussiewenchFemaleAustralia2006-11-13 21:47:00
K-1 Fiance(e) Visa Process & ProceduresNeed a bit of advice please!

off of what I can remember:

It is illegal to come over on the VWP with the intent to marry, unless you plan on returning to your home country after the marriage.. On the VWP you are agreeing that you are NOT coming over with the purpose of immigrating, so if you enter on the VWP with the intent of getting married so you can stay in the USA it is Illegal.


However I corrected the before post as for someone reading, it read intent to marry. The only issue is intent to immigrant. Intent to marry does not even figure into things as many enter the US to marry.

SO maybe not the actual process but theres just something else in the back of my mind I cant bring to light, that says being denied POE affects the actual visa applications too.

Being denied at the port of entry for having a petition in process or not having enough ties to ones country etc, does not effect one getting the K-1 visa either. Many on here who tried to visit their fiance and were denied entry can vouch that.


or just tell them at the POE when you get here under the VWP that you are here with the intent to marry someone and stay till your AOS is approved and watch how fast your butt is put on a plane back home. This much I am 100% postive on.

I agree

Edited by aussiewench, 14 November 2006 - 06:19 AM.

aussiewenchFemaleAustralia2006-11-14 04:54:00
K-1 Fiance(e) Visa Process & ProceduresNeed a bit of advice please!

If you can prove that your intent was not to get married when they came over then its okay in that grey area of the law. Now since its hard to prove intent either way its not really a safe route to take. I would strongly advise against it, and at the very least definately seek legal aide before doing it. In the end we are doing the K1 visa, cause when we sat down and thought about it, we hate to be apart and it kills us but being apart for a few months is way better than him being deported and possibly banned from the US if we couldnt prove intent.. ALso since you have already filed for a k1 and they are here with you (if i understand right) i think it would be very hard to prove you didnt have marriage plans when they got here.

It is NOT illegal to have intent to marry even when one enters on the VWP. If one is granted entry and is otherwise elligible one can apply to adjust status. One should however seek legal advice with the circumstances of their case.


1. Very risky to do while K1 is pending and you can get denied at POE because of a pending k1, which will hurt your K1 process.

How will it hurt ones K1 process?

Edited by aussiewench, 14 November 2006 - 02:10 AM.

aussiewenchFemaleAustralia2006-11-14 02:08:00
K-1 Fiance(e) Visa Process & ProceduresNeed a bit of advice please!

Also I read somewhere that if I married my finacee ( we are waiting on my NOA2 for my K1 visa) i could stay in the US waiting for my green card... si this true?!


Thankyouuuu!

It perhaps maybe beneficial for you to seek qualified legal advice.
aussiewenchFemaleAustralia2006-11-13 21:33:00
K-1 Fiance(e) Visa Process & ProceduresQuestion 18 on I-129F
Tip:
Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. The evidence you then submit should support those details. Boarding passes, passport stamps, hotel/credit card receipts, rental receipts if ever lived together etc etc are primary evidence. Photos are secondary which support the primary evidence. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.

Whilst evidence of an ongoing relationship is not a requirement at the initial filing stage, it can be beneficial to those from high fraud countries (eg the philipines) to do so, or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should always be very carefully scrutinised especially emails & chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant. Also make sure that any photo evidence submitted of any ceremony cannot be mistaken for a marriage ceremony which has in the past caused issues and denials.
aussiewenchFemaleAustralia2006-11-15 21:20:00
K-1 Fiance(e) Visa Process & Proceduresis it a Visa fraud?

What is visa fraud, is entering the country on a visitors visa, getting married as soon as you arrive in the country, and then filing for status adjustment can and dose come under visa fraud, the act of knowingly misusing a non-immigrant visa to immigrate.


This is not always the case depending on circumstances.
aussiewenchFemaleAustralia2006-11-15 21:29:00
K-1 Fiance(e) Visa Process & ProceduresEmployment Info. On G-325A
Yodrak

I have read the posts where members did receive an RFE for this. They are in the old site and are no longer accessable to post links from. I have not read of any this year but then maybe the referencing to not overlapping which I have been an advocate of has averted this; or perhaps now they are not so ####### on this.

nickypeas,

The only RFEs I've read about with respect to G-325A were for lack of original signature or not submitting all 4 copies.

Can you give me a link to some of these others? First-person experiences, not 'I heard that ....'.

Thanks.

Yodrak

I've read here that some people have received RFEs due to overlapping dates in their employment history on the G-325A Bio form. So what are you supposed to do if you had two part time jobs at the same time?

Also, if you've been promoted within a company, should you list the employer twice with a different occupation title, or should you just list the employer once?

Sorry if this seems like a non-issue, but it seems that RFEs can occur over non-issues, so I'd like to be sure.

Thanks!


aussiewenchFemaleAustralia2006-11-16 11:49:00
K-1 Fiance(e) Visa Process & Proceduresletter of awareness of the pregnancy

The OP has a good question, based on the performance of Manila and HCMC.

I don't know the answer, but I think it's a good question.

I agree. The way I see it, if they have evidence of being together at the time of becoming pregnant, a letter stating awareness of the pregnancy would perhaps alleviate any question that may be asked of the childs paternity. From reading ellis_islands doc about red flags etc, a pregnancy can be a red flag if the conof believes that the petitioner may not be aware of it. I sure can't see how such letter would do any harm. It may very well do some good, particularly as they are not yet married and their seems to be added hoops to jump through with a child out of wedlock when it comes to registering a child as a USC.
aussiewenchFemaleAustralia2006-11-16 18:59:00
K-1 Fiance(e) Visa Process & ProceduresPlease TRIPLE Check all info on Petitions!!!!!!!!!!!!!!!!!
I'm glad you guys got this sorted out :thumbs: All the best to you.

Edited by aussiewench, 17 November 2006 - 04:21 PM.

aussiewenchFemaleAustralia2006-11-17 14:48:00