ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresOur K1 petition is at the NVC


Ugh! I hope I get the letter since my address changed. I did do a change of address but who knows if I will actually get the notice. :(


Call and see which address they have on file for you....

:thumbs: they should be able to update your address then jen before sending out the letter.


All the best Jen.

Edited by aussiewench, 04 August 2006 - 02:01 PM.

aussiewenchFemaleAustralia2006-08-04 14:00:00
K-1 Fiance(e) Visa Process & ProceduresHow much support documentation is enough for I129F?



ready4ONE

Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. Then the evidence you 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 you should be aiming for is creating an image in the minds eye of the adjudicator.

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 to do so. Just go over this evidence very carefully especially emails and chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant.


Well I suppose I could adjust my packet a little bit. I took the advice of focusing on the proof of having met instead of trying to show the ongoing length of relationship for question 18... It would be a simple matter just to print out the oldest envelope from a card she sent me Valentines Day 2005 and add it into the documentation. But the question is pretty specific as to being about the meeting in person...

Jeez! I want to mail this off tomorrow and get the official K-1 countdown going! I think I better adjust my cover letter one more time and include some documentation of how far back we go relationship-wise, since the Philippines is indeed just such a high fraud country. J is as real and sweet as they come though. (L)

Whilst I agree that the question and evidence only requests that you provide proof of the meeting requirement and I usually advocate that in most circumstances......If a conof at the interview for any reason thinks the relationship is not bonafide they can send the petition back to USCIS for revocation. By providing evidence of the relationship at the initial stage and having such petition approved, a conof cannot send it back for those reasons. It is a safety measure for those that will be interviewing in high fraud countries, in doing all that you can to have the visa approved without hiccups. This is also the case and assists when there is red flags that may cause an issue at interview stage.

Edited by aussiewench, 04 August 2006 - 12:37 PM.

aussiewenchFemaleAustralia2006-08-04 12:35:00
K-1 Fiance(e) Visa Process & ProceduresHow much support documentation is enough for I129F?

go to this website ***removed*** all your questions can be answer there!
Good Luck on your petition

Why are you continually posting this exact same statement relating to another site. Drumming up business aye :whistle: The same USCIS forms are accessible right here on VJ. Example forms to assist one in completing them are also available here.








ready4ONE

Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. Then the evidence you 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 you should be aiming for is creating an image in the minds eye of the adjudicator.

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 to do so. Just go over this evidence very carefully especially emails and chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant.

Edited by aussiewench, 04 August 2006 - 03:52 AM.

aussiewenchFemaleAustralia2006-08-04 03:52:00
K-1 Fiance(e) Visa Process & ProceduresE-mailed Lagos consulate & this is their response.

WOW!

Hmm, is this only a specific consulate (Lagos) situation??

If this were the case, I'd be ecstatic. I'm just graduating college and will have a sufficient job to support my fiance in no time, but I don't have that job as of yet. If the I-134 wasn't necessary for this K1 process, I could rest alittle easier.

Any thoughts on this??

Yes it is consulate specific. The majority of consulates use the I-134 in part to assist in determining if the applicant will or wont become a public charge. It is not legally binding and there are different requirements then with the I-864 which IS used to show financial support.
aussiewenchFemaleAustralia2006-08-04 17:37:00
K-1 Fiance(e) Visa Process & ProceduresWithdraw I-129F and I-212?

It's unlikely that your K1 application will be denied - I would not be concerned about that since the only reason for denial normally is when you have not met the requirement of having met in the previous two years.

I'm not sure what happens to your application when you move to another country. My assumption is that it has to be processed in the Philippines.

If your attorney really believes that you have slim chances at waiver approval in the Philipines, maybe you are simply better off to wait out the time period - it could save you a great deal of money and stress.

I know you do know this but just to clarify for those reading. It is not the K1 application you refer to but the I-129F petition that can be denied at service center level if one doesnt meet the requirements of having met.

As for the waiver. In many cases lawyers are able to submit forms etc together, an option not open to the general public. Perhaps this is the case with the waiver as well, I do not know.

A lawyer also is generally privvy to complete information that we generally arent privvy to on a msg board. Im not saying that this lawyer is right or wrong in what he/she is suggesting, only that we dont have all the information. Waivers are not always easy to have approved depending on the circumstances. In some circumstances being married would assist in having such a waiver granted.



cd1111

Was it this or another lawyer that filed the waiver in the first place in conjunction with the I-129F or did you do that yourself? Im a little confused by your post as their is missing information.
aussiewenchFemaleAustralia2006-07-31 09:57:00
K-1 Fiance(e) Visa Process & ProceduresPost IMBRA K-1 RFE - After 06 March
William

The second RFE could be for a multitude of things. The one thing that is positive is that you know they ARE working on your case. Generally once the requested data or document is returned, an approval is not too long in coming providing of course that one doesnt get held up in name/security checks.

Photocopies of all documents is what is requested with the submission of a petition. An adjudicator however can send an RFE for original documents if they feel it is warrented. There has been many cases of members not sending a photocopy of the correct certified documented, whether that be divorce or marriage and this is what lisaf was referring to.
aussiewenchFemaleAustralia2006-08-05 00:07:00
K-1 Fiance(e) Visa Process & ProceduresPassport Style Photo
The USCIS is not as picky with the passport style photos as they will be at consulate (DOS) stage. Get them as close as you can to the requirements.
aussiewenchFemaleAustralia2006-08-05 23:47:00
K-1 Fiance(e) Visa Process & ProceduresI-129 F and G-325 A

1. I-129F,
Question 18

I have met my fiance 9 years ago and have seen him so many times in the last two years. Would one sentence like that be enough for the answer? Or how is the answer best to fill out? How should the additional supplement page look like? Is there anywhere an example form or an example text?

Answer Q18 in some detail of how you meet the requirements of having met in the past two years and then use the evidence you have gathered to support this. The goal is to have a complete picture so as it creates an image in the minds eye of the adjudicator.

If you do a search on 'evidence' in the K-1 forum you will see many threads on this in more detail.

All the best to you on your journey.

Lorelle
aussiewenchFemaleAustralia2006-07-31 09:24:00
K-1 Fiance(e) Visa Process & ProceduresPetition sent back
From reading others posts that have experienced this, there doesnt seem to be any set time. Unfortunately it will take whatever time that it does.

As for what happens.......

8. When a petition is returned to DHS, if DHS concurs with the
officer''s recommendation, DHS regulations require DHS/BCIS to
provide the petitioner notice of intent to revoke, and to allow
the petitioner an opportunity to rebut the grounds for
revocation. DHS regulations require that, in the case of
nonimmigrant petitions, the revocation must be based only on
grounds specified in the regulations. Those grounds include
evidence that the statement of facts in the petition was not
true and correct, or that the approval involved gross error.
http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

Gather all of your evidence in readiness. It may also be time to seek out an immigration attorney. Wishing you the best.

Lorelle
aussiewenchFemaleAustralia2006-08-06 10:29:00
K-1 Fiance(e) Visa Process & Proceduresanother I-129F quick question


yes, don't write any number there


If you were born in the US, you MUST provide your birth certificate number in that space.

Don't forget to attach a copy of both the front -and- the back of your original birth certificate.

Jen

Jen

The number required is ONLY if one is naturalized, hence why the example form also says 'ONLY complete for Naturalization Certificate' The I-129F does not clearly lay out this particular question as it is on the I-130, but this IS what it refers to. If one is born in the US, by checking 'birth' this question has then been fully answered and can move onto the next question.
aussiewenchFemaleAustralia2006-08-06 12:07:00
K-1 Fiance(e) Visa Process & ProceduresFetching Daughter after 1 yr in US
A child that is listed on the I-129F must enter the US within ONE YEAR from the date of issuance of the K-1 visa or a seperate petition will have to be filed.
http://www.visajourney.com/faq/k1k2visa-outline.html
aussiewenchFemaleAustralia2006-08-06 17:29:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Signatures




A signature is a signature regardless of how it is signed. What some people have received RFE's for is a signature that is not an original even if it has been. This can happen if one signs in black and it has been advocated to avoid the chance of this happening, to sign in blue ink.

There has been RFE's for not submitting all 4 pages of the G-325A. There has also been members that have only submitted one page of the G-325A and not received an RFE. It is totally up to the adjudicator.


Not letting myself off the hook for only sending one page each... but... The G-325A also requires a passport photo, and they only ask for one passport photo... Just hoping I get the right adjudicator, as I am fairly certain the other three copies get shredded and are not used... If they did get used, we would be asked for 4 passport photos each... Right???

Crossing my fingers, but also having myself and my fiance redo the form in quadurplicate... Just in case I get a caseworker who likes to shred the three unneeded 3 copies! :thumbs:

Actually the passport photos are submitted with the I-129F petition, not the G-325A.


Don't get me wrong... I still screwed up... but... the passport photo is for the G-325A, so since one passport photo is asked for, one copy of the G-325A should be needed...

I will wait for the hammer to fall in the form of an RFE, or the luck of drawing a good adjudicator.

Directly from the guide here on this site:

G-325A (all four pages) filled out by the foreign fiance(e) signed and dated (see example)
10. One passport-type photo (see note) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

Aw well... if I had it to do all over again, I would certainly send in all 4 pages and they could give thier shredder a work out!

Read the I-129F instructions as to what is submitted with it, not the VJ guide. The section you quoted as to where it is put is a guide on assembly. On the USCIS website it is listed in a different order.

I wouldnt worry about the G-325A. If you get an RFE it is an easy fix. If not then you are lucky.

Edited by aussiewench, 06 August 2006 - 10:32 PM.

aussiewenchFemaleAustralia2006-08-06 22:31:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Signatures


A signature is a signature regardless of how it is signed. What some people have received RFE's for is a signature that is not an original even if it has been. This can happen if one signs in black and it has been advocated to avoid the chance of this happening, to sign in blue ink.

There has been RFE's for not submitting all 4 pages of the G-325A. There has also been members that have only submitted one page of the G-325A and not received an RFE. It is totally up to the adjudicator.


Not letting myself off the hook for only sending one page each... but... The G-325A also requires a passport photo, and they only ask for one passport photo... Just hoping I get the right adjudicator, as I am fairly certain the other three copies get shredded and are not used... If they did get used, we would be asked for 4 passport photos each... Right???

Crossing my fingers, but also having myself and my fiance redo the form in quadurplicate... Just in case I get a caseworker who likes to shred the three unneeded 3 copies! :thumbs:

Actually the passport photos are submitted with the I-129F petition, not the G-325A. I also believe that the 4 pages that make up the G-325A are still very much in use as the USCIS processes are still primarily manual, paper based.

Edited by aussiewench, 06 August 2006 - 10:20 PM.

aussiewenchFemaleAustralia2006-08-06 22:16:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Signatures
A signature is a signature regardless of how it is signed. What some people have received RFE's for is a signature that is not an original even if it has been. This can happen if one signs in black and it has been advocated to avoid the chance of this happening, to sign in blue ink.

There has been RFE's for not submitting all 4 pages of the G-325A. There has also been members that have only submitted one page of the G-325A and not received an RFE. It is totally up to the adjudicator.
aussiewenchFemaleAustralia2006-08-06 11:57:00
K-1 Fiance(e) Visa Process & ProceduresOMG WE BOTH NEED CPR
Congrats :thumbs: and all the best to you both for the remainder of your journey
aussiewenchFemaleAustralia2006-08-06 12:55:00
K-1 Fiance(e) Visa Process & ProceduresDo you have to fill out every blank?
The instructions ask you to not leave any question blank...'not'.....do not leave any boxes blank.

eg. If a question requires a yes or no answer and you answer yes and it only requires the next block in that question to be answered if you put no, then you leave it blank as you have already answered the question.

Each question requires an actual answer, if none write 'none', If it doesn't apply write 'N/A'. Once the original question is answered and doesn't require any further answers in other blocks pertaining to the same question then you leave these blocks blank as the question has been answered.

Tip: Most questions are applicable and it is better to write an actual answer then to have the adjudicator questioning 'why' it isnt applicable and perhaps sending you an RFE.
aussiewenchFemaleAustralia2006-08-07 11:51:00
K-1 Fiance(e) Visa Process & ProceduresStill 9 Monhts and waiting

I just got touched today after 9 months . I had called our local congresswoman and she did an inquiry . Nothing had been touched since November 7 . I just recieved an email that a RFE went out to me in the mail. What could that be? Any at least we have some movement . with no thanks to my lawyer.



K-1 Visa

Event Date
Service Center : Vermont Service Center
Consulate : Milan, Italy
I-129F Sent : 2005-09-15
I-129F NOA1 : 2005-10-11
Touched July 19th 2006 :unsure: . IT's About Time

I would hasten a guess that your petition has been held up in security checks. Now that you are receiving an RFE for whatever reason...hopefully once you return what they are requesting, an approval wont be too long in coming.
aussiewenchFemaleAustralia2006-07-20 01:21:00
K-1 Fiance(e) Visa Process & Proceduresrfe ?


Hey got my rfe today. ####### it is, but alteast easy. They are missing my passport photo. I know for a fact i sent it must have got lost in the shuffle. I bought those stupid little plastic bags when i first applied luckily i didnt throw them out. Not big deal. My question is, is it possible to get another rfe now? Meaning did they approve more or less my whole file just waiting for this passport photo. Or do they read page one of my app. (for example) see they are missing something, send rfe, receive rfe, then go to page 2 (example) then see i am missing something from page 2 then send another rfe. Just wondering if i am really close to my noa2 or can have more bumps in the road ahead of me. It seems logical they basiclly approved me with the exception of my rfe, wait for the rfe then approval. That is logical and this is the govt. so i can be completely off base.

William did you get your rfe yet? If so what was it for.

Thanks


OMG - does this ####### ever end? Like they couldn't have looked at your file say, 3 months ago and noticed that they couldn't find your photo? If this happens to me at this point I will really lose it.

Let's hope thy have already processed everything else - but the truth is there is no logic here and no way to tell what the hell they are doing there . . .

SEND IT BACK FAST and good luck!

kitkat1

RFE's for missing information/documentation or that need further evidence are never issued until a petition has begun processing by an adjudicator. This has always been standard practice. When a petition is first received all they do is remove & check that payment is correct, that one is eligible to file and it has a correct signature. Nothing else is done at this point as it is not their job to adjudicate. They are in the mail room only. RFE's sent out re the IMBRA were done only to make the petitions sumbitted compliant with IMBRA. It does not mean that petitions have begun to be adjudicated nor checked for any missing information/documentation or that need further evidence where another RFE will be issued.


jpine

It would be unusual if you received another RFE as an adjudicator will go through your entire package and the RFE will be issued for All that may be missing or more evidence etc needed. Generally once you return what is required an approval is not too far away. That being said.....one can still be held up if there is a name hit etc.
aussiewenchFemaleAustralia2006-08-07 14:49:00
K-1 Fiance(e) Visa Process & ProceduresIf the Petition expires?
The petition has no bearing on when one must enter the US. An approved petition is needed in order for a visa to be granted, thats it. It is the date of issuance of the visa that dictates the time you have to enter the US. On issuance of the visa, one has 6 months to enter the US.

All the best for the interview :thumbs:
aussiewenchFemaleAustralia2006-08-07 14:27:00
K-1 Fiance(e) Visa Process & ProceduresPassport as proof of citizenship



If I'm remembering correctly, I do recall that case. He was born in Australia and gained US citizenship through parent/s but only had a US passport. I wonder how it ended up with him as when the site was moved I read no more from him. If still able to search the archives I would be able to find the thread. Lot of valuable information there from memory.


The guy I'm thinking of was born in the Phillipines. So maybe there were 2 of them :D And I /agree....not being able to bring up those old threads certainly bites the big one....lots of good info permanently poofed since the move :crying:

The archives are still there, just not searchable. I sent the Capt'n a PM asking him to do a quick search there for me. Will see what he comes up with.
aussiewenchFemaleAustralia2006-08-08 01:33:00
K-1 Fiance(e) Visa Process & ProceduresPassport as proof of citizenship


My situation is that I got the citizenship through my parents when I was 15 or so. I did not get a certificate or anything like that. One day my parents simply took me to get a passport photo and then one day my parents gave me a U.S. passport. In 2003 I went to renew the passport and everything went fine.

However, now in the I-134 it states:

If you are not a native born United States citizen, answer the following as appropriate:

a. If a United States citizen through naturalization, give certificate of naturalization number

b. If a United States citizen through parent(s) or marriage, give citizenship certificate number

c. If United States citizenship was derived by some other method, attach a statement of explanation

d. If a lawfully admitted permanent resident of the United States, give "A" number


Obviously I would choose B. and give the citizenship certificate number. However, I don't have one. Does it mean to give my parents' citizenship certificate number? I certainly never received any sort of number.

My only other option would be to choose C. and attach a statement along with a copy of all the pages in my passport.

If anyone can help me on this I would greatly appreciate it. Otherwise I will just go to the embassy in Nicaragua when I go in 3 weeks.

Thanks.



There was a case almost identical to this last year. He went 'round and 'round with the USCIS trying to get past the issue that while he had a U.S. Passport, they required the Naturalization Certificate. The big issue for him was that it can take a LONG time to get that certificate....and one of the requirements for getting the certificate was to send in a copy of his passport. Unfortunately....circular or not, the logic of the government forms the rules we have to live by in this process.

I wish you luck, but I strongly, strongly think that you are going to have to produce a naturalization certificate before you can move forward. If you don't, you should count yourself very lucky..and write back here and let us know :)

If I'm remembering correctly, I do recall that case. He was born in Australia and gained US citizenship through parent/s but only had a US passport. I wonder how it ended up with him as when the site was moved I read no more from him. If still able to search the archives I would be able to find the thread. Lot of valuable information there from memory.
aussiewenchFemaleAustralia2006-08-07 21:25:00
K-1 Fiance(e) Visa Process & Proceduresadditional proof of relationship




What does the RFE ask for/say?

it asked for proof of us meeting within the last two years so I was like okay the pictures and letters weren't good enough?

IMO your lawyer is not worth a grain of salt. Photos are secondary evidence that is submitted to support primary evidence such as boarding passes, passport stamps, rental receipts if lived together etc etc. Any evidence from an outside source that puts you in the same place at the same time. Letters are relationship evidence not evidence of having met within the required two year period. I'm not surprised at all that you got an RFE. I'm sorry that happened to you because of your lawyer not knowing the process.

Do you have boarding passes, passport stamps eg. Also think outside the box of what you may have that can prove your meeting. Has your fiance been to the US and had you made any contact with anyone about upcoming wedding etc.? Have you ever both been invited together to a wedding etc? That is what I mean about thinking outside the box.

Can you give us a rundown on the times you were together, where and how?

You can fire your attorney at any time. As they wont be taking you through to completion, if that's what you paid for, then they should I imagine give you a refund of some kind.

Hey are orders to korea and orders from korea to hawaii good enough for proof of meeting and then also have her passport stamp showing she was there too?

This is exactly the type of evidence I was referring to when thinking outside the box :thumbs: As gcox said, accompany this with other bits of evidence suggested and you should have a strong case.
aussiewenchFemaleAustralia2006-08-08 00:51:00
K-1 Fiance(e) Visa Process & Proceduresadditional proof of relationship


What does the RFE ask for/say?

it asked for proof of us meeting within the last two years so I was like okay the pictures and letters weren't good enough?

IMO your lawyer is not worth a grain of salt. Photos are secondary evidence that is submitted to support primary evidence such as boarding passes, passport stamps, rental receipts if lived together etc etc. Any evidence from an outside source that puts you in the same place at the same time. Letters are relationship evidence not evidence of having met within the required two year period. I'm not surprised at all that you got an RFE. I'm sorry that happened to you because of your lawyer not knowing the process.

Do you have boarding passes, passport stamps eg. Also think outside the box of what you may have that can prove your meeting. Has your fiance been to the US and had you made any contact with anyone about upcoming wedding etc.? Have you ever both been invited together to a wedding etc? That is what I mean about thinking outside the box.

Can you give us a rundown on the times you were together, where and how?

You can fire your attorney at any time. As they wont be taking you through to completion, if that's what you paid for, then they should I imagine give you a refund of some kind.

Edited by aussiewench, 08 August 2006 - 12:16 AM.

aussiewenchFemaleAustralia2006-08-08 00:11:00
K-1 Fiance(e) Visa Process & Proceduresadditional proof of relationship
dreamlife

It really would help to know what you originally submitted so as we are not going over old ground.
aussiewenchFemaleAustralia2006-08-07 22:04:00
K-1 Fiance(e) Visa Process & Proceduresadditional proof of relationship

In our signature timeline we have NOA1 of april 4th. Now we have a second RFE requesting additional proof of evidence. What else do we need to give them? Me and fiance met in Korea. Do I also need to photocopy my korean visa? What else are the things that is valuable for them? Thanks

other half of dreamlife

What evidence did you initially submit with the petition? Can you post exactly what the RFE says please.
aussiewenchFemaleAustralia2006-08-07 21:50:00
K-1 Fiance(e) Visa Process & ProceduresNewbie starter questions for K1 visa applicant

Oh, sorry about the "bills" ; I am losing it a little, heh. It's late and I'm going crazy stressing over this. I meant to type the documents and forms. What I mean is type one form fully completed, then photocopy them so I have the copies. (I will also have saved the filled out forms on computer).

Ahhhhhh ok, now Im with ya. Complete them, sign them, photocopy them :thumbs:

You are going to do just fine :yes:
aussiewenchFemaleAustralia2006-08-08 02:46:00
K-1 Fiance(e) Visa Process & ProceduresNewbie starter questions for K1 visa applicant
Hi and welcome to VJ

1. Yes you can use the samples

2. From years of members experiences with this process in conjunction with the information that is available on the USCIS website.

3. Original forms are required with original signatures. Any documents such as birth certificates & divorce decrees are submitted as photocopies as originals are no longer required. You better start explaining about the bills lol as it is 3.30am

4. You are only just beginning. Take the time to read through all the information here on VJ. Follow the guides, ask any questions if you dont understand something.....there is no such thing as a stupid question. We are all here for the same purpose, going through the same things. We all start at the beginning and it can seem daunting, but we are all here for each to help each other through.
aussiewenchFemaleAustralia2006-08-08 02:37:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.
No, there is no harm in that ;) Except that a fiance/spouse's circumstances can change dramatically from interview stage where they may have to use a co-sponsor with the I-134....and the AOS stage where the I-864 is required and they dont then need a co-sponsor because their most recent tax return then meets the poverty guidelines. Someone not knowing the legal differences between an I-134 & the I-864 may by this very preparedness you speak of, inadvertantly may make it difficult for one to secure a co-sponsor for the interview if it is believed that the I-134 makes a co-sponsor responsible when they are not.


aussiewench, we were simply preparing the applicant for future planning.

No sense in going in unprepared. Right?

Why not go into the process prepared, as if you were already obligated to produce the I-864?

Is that wrong? Plan for success! That is the way!



An I-134 is not binding in any way, shape or form. It is solely, when used amongst other things, for a conof to determine if an applicant will or wont become a public charge prior to a visa being issued.

From USCIS.......
Such affidavits, although helpful in judging financial ability, are not legally binding.

The I-864 came about for adjustment of status and immigrant cases for this very reason, and ARE legally binding.

From a lawyers site....
Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.
Source


aussiewenchFemaleAustralia2006-08-08 01:27:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.
An I-134 is not binding in any way, shape or form. It is solely, when used amongst other things, for a conof to determine if an applicant will or wont become a public charge prior to a visa being issued.

From USCIS.......
Such affidavits, although helpful in judging financial ability, are not legally binding.

The I-864 came about for adjustment of status and immigrant cases for this very reason, and ARE legally binding.

From a lawyers site....
Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.
Source
aussiewenchFemaleAustralia2006-08-08 00:47:00
K-1 Fiance(e) Visa Process & Procedures129f- Question -- Highlights?

thanks, mew! i'm also going to submit copies of my passport stamps. not only do we have documentation of a couple planned trips together, we have invitations, travel plans and photos attending a couple weddings within the past two years too. i agree with you, i'm not all that certain i need to provide the emails and cancelled postage especially, but i'm gonna put some in anyway. i picked photos that i can easily date.

i really appreciate everyone's generosity.

You have ample evidence to show the meeting requirement. Now just pick the strongest evidence that shows a complete picture. There is also no point in overdoing it as this just adds to the time it will take to adjudicate. eg. The evidence of the wedding invites in both your names, passport stamps & boarding passes to these events plus a couple of photos from the event.
aussiewenchFemaleAustralia2006-08-08 15:03:00
K-1 Fiance(e) Visa Process & Procedures129f- Question -- Highlights?
No need to highlight but if you feel that it may assist an adjudicator in any way then do it. It sure wouldnt hurt any.

Tip:
Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. Then the evidence you 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 you should be aiming for is creating an image in the minds eye of the adjudicator. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and you 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 to do so or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should be very carefully scrutinised especially emails and chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant.

I wish you the very best on your journey and welcome to VJ

Lorelle
aussiewenchFemaleAustralia2006-08-08 14:54:00
K-1 Fiance(e) Visa Process & ProceduresDoes the petitioner get called in to USCIS for interview?



Does the petitioner get called into the USCIS office for an interview too? I am just wondering?

Thanks,
titanum4motion

too???? Neither the beneficiary nor the USC petitioner get called for an interview at USCIS office. The rare occasion I have read of the USC being interviewed occurred from memory after a visa interview was held at the consulate and the application is under AR (administrative review) and they had concerns about validity of the marriage/fraud.


Shon (among others) was interviewed at her USCIS DO (I believe--don't think it was the Service Center) before her I-130 could be approved. This was before the visa application was submitted.

Ahhhh thanks Mo :thumbs:
aussiewenchFemaleAustralia2006-08-08 15:39:00
K-1 Fiance(e) Visa Process & ProceduresDoes the petitioner get called in to USCIS for interview?

Does the petitioner get called into the USCIS office for an interview too? I am just wondering?

Thanks,
titanum4motion

too???? Neither the beneficiary nor the USC petitioner get called for an interview at USCIS office. The rare occasion I have read of the USC being interviewed occurred from memory after a visa interview was held at the consulate and the application is under AR (administrative review) and they had concerns about validity of the marriage/fraud.
aussiewenchFemaleAustralia2006-08-08 01:42:00
K-1 Fiance(e) Visa Process & ProceduresFiance Birth Certificate necessy
A birth certificate of the beneficiary is not required with the intitial petition. The USC petitioner birth certificate or photocopy of a passport is required ONLY to show US citizenship which is required in order for the petition to be eligible for filing.
aussiewenchFemaleAustralia2006-08-08 16:45:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice PRONTO


From USCIS.......
Such affidavits, although helpful in judging financial ability, are not legally binding.

From a lawyers site....
Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.


Aussiewench-
Out of curiousity, what lawyers site was that, if you still have the link? I've been trying to explain how its not a legally binding form for my possible cosponsors, they keep writing me off thinking it means they "Have to give us money and buy us a house". I'm hoping maybe if I show them that lawyers site, they'll believe me and be more open to the idea of being my cosponsor. I'll look on the USCIS site for the same wording as well, but if you happen to know exactly where it said that it'd be helpful as well.

Thanks!

source

As others have said though, it doesnt apply with the I-864 when you adjust status. If your circumstances are going to change when you do AOS and you wont need a co-sponsor and are only looking to convince a co-sponsor for the interview stage with the I-134 then this applies.
aussiewenchFemaleAustralia2006-08-08 17:44:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice PRONTO

Correct me if I'm wrong. But while the I-134 may not be legally binding against you in regards to her, if you read the "fine print" on the form, it does provide for some liability for you as far as the US Government is concerned if she ever has to use government services because she is now poor and avails herself of the "hand-outs" that our government provides.

Regardless of the fine print it is not legally binding hence why the I-864 came about for adjustment of status and immigrant cases which is legally binding. The I-134 is ONLY used to guage financial ability in that an applicant wont become a public charge. It is not even something required for K visa even though it is used in most cases.

From USCIS.......
Such affidavits, although helpful in judging financial ability, are not legally binding.


From a lawyers site....
Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.
aussiewenchFemaleAustralia2006-08-08 16:40:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice PRONTO
The I-134 is not legally binding and only used for a conof to determine if the applicant will or wont become a public charge prior to granting a visa. Thats it.
aussiewenchFemaleAustralia2006-08-08 16:10:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE help! its Urgent!
Im sorry but Im still questioning as to whether the RFE is requesting photographic evidence of having met when it is asking for 2 photos, as it is unusual for an adjudicator to request a specific number of photos for evidence of meeting. On the other hand 2 passport photos are required. It is possible and not the first time that passport photos have been misplaced at the service center and not the first time that an adjudicator has requested they be named and dated. Please humor me & check the wording on the RFE carefully.

Edited by aussiewench, 08 August 2006 - 03:35 PM.

aussiewenchFemaleAustralia2006-08-08 15:34:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE help! its Urgent!

ok with the photos I can figure it out now...

but the G325A... they just told him (to the USC) to fill out the G325A and for him to sign it.. so I guess they only want his biographical info.....not mine (the benificiary)... agghhh I am hopping...

juliekins

When the petition was first filed what was originally submitted to the service center? Did you only send one G-325A comprising of 4 pages? If so, who's biographical information did it contain and who's signature was on the bottom? As has been said, two G-325A's each comprised of 4 pages needed to be submitted. One for the petitioner and one for the beneficiary. Each is the applicant on their own G-325A. What wasnt submitted the first time around needs to be done now according to the RFE.

I would check with your fiance as to the photos as it is very unusual for them to ask for a specific number of photos as evidence of having met within the required two years. It sounds to me like they are after the passport photos.
aussiewenchFemaleAustralia2006-08-07 20:11:00
K-1 Fiance(e) Visa Process & ProceduresNVC received after NOA2
nessa

It can take on average a few weeks as they send them off in batches. Just make sure you actually speak to an operator at NVC and not use the automated system.
aussiewenchFemaleAustralia2006-08-08 20:19:00