ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresIncome Question

Thanks for the quick and detailed response. Really appreciate it!

You did not post or list the country of your fiance(e). Not all Embassies/Consulates accept Joint Sponsors. Please be careful to check that the Embsassy your fiance(e) will be interviewing at is known to routinely accept joint sponsors such as England and not routinely deny them such as Bangkok.

Please watch out for a "Newbie" member stating his lawyer has handled over... This is not responsible.

Good luck.
Audy_RobMaleThailand2010-06-24 23:42:00
K-1 Fiance(e) Visa Process & ProceduresK-1 REview
There is a slight possibility that the uscis CSC will send you an NOID notice. You will need to respond to that notice if indeed they send you one. The point in responding is to avoid a finding of misrepresentation, immigration fraud or something else very difficult to overcome later.

It will probably be better to receive a notice that the form has expired.

Then try again as you wish.

Good luck.
Audy_RobMaleThailand2010-06-27 23:41:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about 'proorf of intent to marry'
Since Ireland does accept a joint sponsor, you could locate a US Citizen, US National or LPR domiciled in the US to act as a joint sponsor for the Alien Beneficiary.

Good luck.
Audy_RobMaleThailand2010-06-28 00:11:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about 'proorf of intent to marry'

Hello,

We're just beginning this process with the K1 visa and so we have a few questions.

Just for a bit of background information I'm the US citizen and my Fiance is an Irish citizen. We have been together for over two years and are currently living in Dublin together.

We're a bit confused about what information to include as proof that we have plans to marry once we arrive back in the US. We don't have the finances for a full on wedding so we plan to just have an intimate ceremony at the courthouse. Is this going to be okay? Should I just include proof of our engagement such as pictures of the ring, pictures of us shopping for wedding bands, picture of the engagement party?

Thank you for your help,

Cheers

Hi, I think the other answers are fine. You will want to show photos of shopping for the ring and a picture of the Engagement party at the Embassy/Consulate interview for proof of a bona fide relationship.

Separate issue you did not ask about. You will be required to submit an I-134 affidavit of support form at the Embassy interview on behalf of your fiance(e) if you do go the K-1 visa route. If you are living in Dublin, will you be able to provide proof of current employment when you get to the USA or that you have sufficient assets to cover the 125% of the poverty threshold for the family size.

You might want to investigate the I-134, I-864P and even the Instructions for the I-864 which are often used for the I-134 form. This is a difficult area for the USC living abroad and planning to repatriate in the USA. If you are currently employed by a multi-national company and they will transfer you back and maintain your employment when you are ready to repatriate, you will be fine. Otherwise, you might want to first study this issue, then ask a few questions.

Good luck.
Audy_RobMaleThailand2010-06-27 23:21:00
K-1 Fiance(e) Visa Process & ProceduresNVC Notice

...The point is that has anyone at least know that their package was received by the NVC through the auto messaging system they have available?

i dont care how long it takes for the NVC to view everything over ...it just worries me :( that they have not received it...or have no record of it.

OK, I think the problem is you are relying on the Auto messaging system. I did this also for two days and posted like you did. Then someone told me you must wait until they are open (07:00 - 24:00 EDT) and speak to a live operator/human being.

When I did that the next day, the slightly rude lady did confirm that my package had been received, gave me my new Embassy case number and even told me it was going out to the Embassy the next day.

Good luck.
Audy_RobMaleThailand2010-06-27 23:11:00
K-1 Fiance(e) Visa Process & ProceduresDS 160 ?? Vancouver

NOTE: The exceptions are Fiancé(e) Visas (K-1/2) which still require use of the forms DS-156 and DS-156K, and the Treaty Trader/Treaty Investor visa application, which is explained in #14 below.

You got it.

Good luck.
Audy_RobMaleThailand2010-06-30 01:04:00
K-1 Fiance(e) Visa Process & ProceduresDS 160 ?? Vancouver

Our interview is tomorrow in Vancouver and nowhere in the p3 said anything about a DS 160 but I was reading on a website its required? Ahhh! :wacko:

Do not worry. The DS-160 is for Non-immigrant visas that are NOT K class visas. You can find this information on the Department of State web site under the DS-160 forms for visas. Continue to use the DS-156.

Good luck.
Audy_RobMaleThailand2010-06-30 00:43:00
K-1 Fiance(e) Visa Process & ProceduresCopies of your Federal Tax Returns

So, I sent out the request for the transcripts on June 1st... I haven't gotten anything back, and it's been almost four weeks... Is this normal to wait that long? I'm starting to worry that the request was never received, like maybe it got lost in the mail...

Hi Birdy, four weeks is too long. I sent for tax transcripts twice (once I got the short version so second time I requested the long full version).

Each time was 10 - 14 days by mail.

You can also request them to be faxed to you next business day.

Good luck.
Audy_RobMaleThailand2010-06-28 22:18:00
K-1 Fiance(e) Visa Process & ProceduresCopies of your Federal Tax Returns

Ah ok, I guess I'll go ahead and request them. I know it takes several weeks to get them, but that's ok, we wont be given an interview date until we send the embassy the checklist when we have everything for the interview. Our expiration date on our NOA2 is Sept. 10, so we should be ok to wait a few weeks to get the transcripts.

Thanks for the advice everyone, this place is great.

I don't think it is really several weeks. I think it took about ten days to two weeks.

The NOA2 expiration date can and will be extended by a Consular Officer so you do not need to panic about definitely meeting that date.

If you do need to extend it, it is best to send an email to the Embassy/Consulate giving them all the relevant information such as case number, names, dates of birth and then state you need to have NOA2 extended in order to complete the Visa processing. While the email is not absolutely necessary, it is a good idea just like it is a good idea to have more documentation than required.

Better than not having something and they ask for it.

Good luck.
Audy_RobMaleThailand2010-05-29 01:55:00
K-1 Fiance(e) Visa Process & ProceduresCopies of your Federal Tax Returns
Hi Birdy... I think I suggested in another thread of yours to submit three years of tax returns. But I believe in always providing more than what is required or at least the maximum that could be required, which is three years of tax returns.

In your case I would definitely suggest you submit at least the most recent last year's tax return with W-2 and 1099s or a Tax Transcript which does not require a W-2. Three years is best so you will not be risking a 221(g) from the CO at the Embassy/Consulate.
Audy_RobMaleThailand2010-05-27 15:27:00
K-1 Fiance(e) Visa Process & ProceduresPolice Reports
I know it is good for at least 6 months. I believe it is good for one year but I cannot find the information at the moment. I read on the DOS web site it was $7. Sorry about the misinformation.

I realize now it says higher (than $7) for expedited service which could be any amount plus bribes.

This is what the DOS web site says at the following link:

http://travel.state....ocity_3568.html

Police Records
Ghana Police Clearance Certificate: Available. Residents of Ghana should report to the headquarters branch of the Criminal Investigations Division of the Ghana Police Authority in Accra, where a fingerprint sample will be taken. Cost for preparation of the certificate is approximately $7 USD (higher for expedited service), payable in local currency, for preparation within 7 days. Non-residents should forward a letter of request for a Police Certificate for Immigration Purposes. Accompanying the letter should be a certified sample of the applicant's fingerprints and an international money order in the amount of $80 USD made out to "Commissioner of Police, Ghana." Forward these documents to the following address:

Commissioner of Police
Criminal Investigations
Department Headquarters
PO Box 505
Accra, Ghana
Audy_RobMaleThailand2010-05-23 22:58:00
K-1 Fiance(e) Visa Process & ProceduresPolice Reports
I checked the Department of State web site, I checked the US Embassy in Accra Ghana and I checked the web site for the US Embassy where my fiancee will interview.

I could not find it listed anywhere although I think for our Embassy in Bangkok I have read one year. The Tokyo US Embassy is one year which I got by searching Google.

It seems like it is only $7 in Accra. I think to be sure you should get one within six months but I am hoping someone has a link that states one year somewhere.

Good luck.
Audy_RobMaleThailand2010-05-23 20:23:00
K-1 Fiance(e) Visa Process & ProceduresK-1 with children?
All children of the alien beneficiary need to be listed on the I-129F regardless of whether they are joining the beneficiary. Then, as mentioned, for the Embassy/Consulate it becomes different.

Each child will typically requuire a DS-156 (maybe DS-157) and medical exam. You also need to pay the Visa Application fee for your fiance(e) and each child which is $350.00.

Good luck.
Audy_RobMaleThailand2010-06-30 22:23:00
K-1 Fiance(e) Visa Process & Proceduresjust received letter from NVC

HI everyone,i just received a letter from the NVC saying that within a week the petition will be forwarded to the appropriate visa issuing post where your vias interview will take place.so what is the next steps.will i received any more document from the NVC or what?pls tell me.

The answer to the question is Embassy/Consulate specific. You (USC) will not receive anything more from NVC at this point. Your fiance(e) should receive a letter or email from the Embassy/Consulate which will give instructions for the next steps. Typically this involves filling out a checklist or instructions on how to get Packet 3 or might actually although rarely include all of Packet 3.

You might go to the US Embassy/Consulate web site that will hold the interview and search for instructions for a K-1 appointment package or something similar.

Good luck.
Audy_RobMaleThailand2010-06-30 23:05:00
K-1 Fiance(e) Visa Process & ProceduresPhilippines to Texas

Hi,

Thanks for this info. I can't file the I-129f until she decides definitively what she is going to do about her sister. If she manages to get her adopted, then I can put her name as the adopted "child" of beneficiary. So I'll give her more time on that, but she understands our time constraints. Anyway, about that "letter of intent to marry", can it be handwritten? Or does it need to be typed? Can she email me a letter that I then print off? Does it need specific wedding plans/dates?

The letter of intent can be handwritten or printed from a computer, what matters is the signature is ORIGINAL. So she cannot sign it in the Phils, then scan it into a computer and email it to you because the scan does not bear an original signature.

Wedding plans need not be mentioned.

Good luck.
Audy_RobMaleThailand2010-06-30 22:18:00
K-1 Fiance(e) Visa Process & ProceduresPhilippines to Texas

Thanks roseTX...you just reminded me about the beneficiary's biographic information. I think the document is called a G-325. Correct me if I'm wrong, but I think he will need three original G-325's to include in his I-129 packet.

They only need one G-325A per person meaning one for Petitioner and one for Beneficiary. The OLD G-325As used to be four identical pages long and have led to confusion since they have changed to the one page form. Only one page is needed. Make sure the page has an original signature, the paper was not copied after the signature was made.

Good luck.
Audy_RobMaleThailand2010-06-28 22:29:00
K-1 Fiance(e) Visa Process & ProceduresPhilippines to Texas
You do not need the birth certificate of the Alien Beneficiary for the I-129F petition. However, you do need the certified birth certificate of the US Citizen. In lieu of a birth certificate you could use your passport but your fiance(e) will need her birth certificate and your birth certificate by the time she has her interview at the Embassy. So you should go ahead and order a birth certificate now.

Good luck.
Audy_RobMaleThailand2010-06-25 20:55:00
K-1 Fiance(e) Visa Process & ProceduresURGENT CHEST XRAY ISSUE

I'm not really sure why they tell you that you need to carry that with you & not pack it away. Sifa's is just sitting in our hall closet...

Well are you just going to leave it in the closet. Aren't you going to hang it on a wall or have it made into a mobile? :lol:
Audy_RobMaleThailand2010-06-30 22:59:00
K-1 Fiance(e) Visa Process & ProceduresGot an RFE

if our answer to a question is N/A or none? & we gonna write it on the first box/space, should we leAVE the rest of the box/space in that question blank?

Yes, for Example if they ask Name of Spouse, in first box put None. In the following boxes listing date of marriage, address of spouse, etc... leave those boxes empty.
Audy_RobMaleThailand2010-06-28 22:24:00
K-1 Fiance(e) Visa Process & ProceduresGot an RFE

RFE no big deal. They happen to everyone....

Not true. Not a very good comment to make.
Audy_RobMaleThailand2010-06-20 22:09:00
K-1 Fiance(e) Visa Process & ProceduresGot an RFE

...The part that I beleive may be the reason for the RFE is on Items 2 & 3 related past criminal offences. I left these blank thinking they were related to Item 1.. Thinking back now, that was plain stupid of me..

You are right that you will need to wait to see the text of the RFE.

It is possible your omission to answer Question 2, Part C is the potential problem. There was a posting a couple a months back from a woman that did receive an RFE for not answering question 2 of Part C.

If you answer No, you can leave question 3 blank. If you answer Yes, you need to fill out if any of the statements in Question 3 apply.

If this is the cause, simply fill out a new I-129F with the Questions answered and return only that document. Send only the document they are concerned with. DO NOT refile the entire package.

They say that they try to put you back in line with only the slight delay for the RFE. Turn those documents back around to them quickly.

Good luck.
Audy_RobMaleThailand2010-06-19 00:49:00
K-1 Fiance(e) Visa Process & ProceduresDS230 for Fiance visa?
You should prepare DS-230 Part I only. Do not submit Part II. Don't you have anything like a Packet 3 with these instructions.

For location, just give city or town and province. No need to give street address.

Good luck.
Audy_RobMaleThailand2010-07-01 23:26:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Application Revoked

Got it..Thanks...
Next...

The application will be returned to uscis through NVC. It could be reaffirmed, they could send an NOID as you stated, in which case you should respons appropriately or most likely, it will be allowed to expire and you will simply receive a notice to that effect.

You must decide what you want to do to proceed, you do not even need to necessarily wait for the USCIS response.

Good luck.
Audy_RobMaleThailand2010-07-01 23:14:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa

The downside is the extra $345 (?) fee for filing the I-130. They should marry tomorrow, if possible, and get on with it.

I do not think the money is much of an issue as long as there is no real downside from not having complied with the terms of the K-1 visa such as closer scrutiny or inspection at AOS to determine why the one did not comply with the terms of the K-1.
Audy_RobMaleThailand2010-06-20 22:18:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa
So there is no penalty, no down side to marrying after the 90 day limit? Surely this cannot be viewed the same as marrying within the 90 day limit.
Audy_RobMaleThailand2010-06-20 19:21:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa
No matter what, it is a sensitive matter. The most likely path is you will need to re-file the petition and reapply for the K-1 Visa. Since this will be a new I-129F filed within two years (I am assuming two years) of your previously approved petition, you will need to submit a waiver which is nothing more than a piece of additional paper with an explanation of events.

And of course if the matter of the first Visa not being used is raised at the subsequent Visa interview, you need to be fully honest in all information and answers provided. I am very carefully avoiding the use of the word "complete" in answers or explanations.

Good luck.
Audy_RobMaleThailand2010-06-20 01:22:00
K-1 Fiance(e) Visa Process & ProceduresOriginals to be sent????
The alien fiancee that will be having the interview should have the original of every item copied and submitted in the original I-129F packet. Many (most) people do not do this for things like airline boarding passes, hotel receipts, and other documentation of having met in person for example. But the CO is allowed to ask for the original of anything that has been submitted.

Typically, people make sure the alien fiance(e) has the USCs birth certificate original and divorce decree original (if applicable).

Good luck.
Audy_RobMaleThailand2010-07-01 23:24:00
K-1 Fiance(e) Visa Process & Proceduresproof of citizenship?

Are you sure? My now wife did not need mine for her interview... is this a Thailand thing?

No, it is a Philippine thing.
Audy_RobMaleThailand2010-07-05 00:53:00
K-1 Fiance(e) Visa Process & Proceduresproof of citizenship?

... i didnt provide my birth certificate because i dont have it ...

Your fiance(e) will need a copy of your birth certificate and the original to carry as backup for the interview at the Embassy. Order your birth certificate NOW!!! Make sure it is a long form certified version (has your parents' names and has a raised seal or stamp).

Search the internet for the city/county/state of your birth. Often you will find services that will go to the court houses and get proper copies for $40 or so. Maybe order a couple of them.

Good luck.
Audy_RobMaleThailand2010-07-05 00:37:00
K-1 Fiance(e) Visa Process & ProceduresRFE

could there be any other reason? now Pi doesn't have divorce so they don't always recognize. Could that cause a problem if they consider her married still but divorced by us standards?

There are possibly a couple of things going on here. Jim probably touched on them but maybe it is not clear.

1) It is not an issue for USCIS as to what the PI thinks. Everyone knows the PI does not have divorce and it does not matter. She was legally divorced in the US (any country for that matter) and that is all the USCIS cares about.

2) I think there is something in the clause of your RFE about, "...that shows proof of filing." While I think the USCIS believes a judge signed the divorce decree possibly they are thinking the decree was not filed with the county records from what they can see on the copy of the document sent to them.

As mentioned your only recourse might be to have her contact the County Courts office, County Records or Family Courts for the county of filing. She needs a copy of the signed decree that shows it was filed.

Good luck.
Audy_RobMaleThailand2010-06-21 22:54:00
K-1 Fiance(e) Visa Process & Proceduresso confused

I was totally convinced that I needed an I-134. Every source I checked said that that was the form I needed for a K1 visa application. So I have arranged to have a sponsor fill one out. But---
I download a form that someone uploaded from my consulate (Lima, Peru)in 2008, and it says that immigrant visa petitions need an I-864. What is the deal???


K-1 is a non-immigrant visa but is treated as an immigrant visa at times by the Embassies/COnsulates. The wording by the Embassy is TECHNICALLY correct and admiditedly confusing.

K-1's use an I-134 Affidavit of Support. You should also.
Audy_RobMaleThailand2010-06-17 23:40:00
K-1 Fiance(e) Visa Process & Proceduresthings just keep getting better

...and want to know if there is anymore that I should have?...

In addition to the K-1 visa itself being placed in the Passport, make sure she gets the CFO stamp to leave Manila or whatever her Philippine departure city is. This is a Philippine specific requirement.

Good luck.
Audy_RobMaleThailand2010-07-05 22:54:00
K-1 Fiance(e) Visa Process & ProceduresIncome requirements

However, on the form he has sent me, he wrote last years tax income, which is nto sufficient.
I called him this morning, saying I don't wish to send these papers in, as I doubt we will get them approved, since he does not meet the requirements on last years tax income.

Now, the embassy only asked for a paper from his work stating how much he earns, bank statement etc. We are also adding his recent pay stubs.

My question is, can he write what he is earnin this year?
The question on the form is as follows:
"I derive an annual income of (if self employed, I have attached a copy of my last income tax ...)"

Since he is not self-employed, he is not asked to submit last years tax return, correct? The embassy has not asked for this.

Can he then write what he earns this year, and nto last year? We can back this up with recent paychecks, but NOT with a tax return.

Urgent as I am about to send my papers in, hope someone has some input. :)

Normally, current income carries more weight than past income. But there are many issues here.

Definitely document current income with many pay stubs. Enough pay stubs that you can demonstrate what the CURRENT yeras income will be. For the line on the I-134, you are supposed to list the current income you will earn in the current year anyway, so do that. DO not list last year's income.

Do include the last year's income tax form as at least one year is usually required to help the CO get a complete picture of the financial situation, some people carry in or submit up to three years.

The paper from his work will also be useful but is his alleged income. There is nothing like current pay stubs to document the actual money received.

Good luck.
Audy_RobMaleThailand2010-07-07 01:31:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 expires in 46 days

I am freaking right out.

My fiance and his lovely family are taking FOREVER to finish the affidavit of support forms. Can I send back my completed portion to the embassy in Montreal? My NOA2 expires August 20'th. Can I get this extended? If I do, will we have to start all over?

Please help!!!!!

Relax and calm down. Do not freak out. This is normal and routine. The Consular Officers are "competent" to extend the NOA 2 expiration date. It even states this on the DoS web site. You can extend this even more than once although not recommended.

You do not need to request the extension, the extension will be made by the COnsular Officer at the interview. As long as you file your Packet 3 in a reasonable amount of time with respect to the NOA 2 expiration date and give the officers the impression the petition is still active, you will be fine. If you show up in a year and ask, maybe they will say no.

If it makes you feel better, you can email your Embassy/Consulate IV Unit and request an extension but again, it is not required.

Relax and good luck.
Audy_RobMaleThailand2010-07-07 01:40:00
K-1 Fiance(e) Visa Process & ProceduresProcessing after RFE
It has not been a week even. It would seem they received your RFE response and are placing it in your case. The fact that it was touched again could mean they are now evaluating the documents you provided or it might even mean they have reached a decision and you will be notified soon or they are just placing your file back in the same line it was in pre-RFE.

Good luck.

Edited by Audy_Rob, 07 July 2010 - 01:44 AM.

Audy_RobMaleThailand2010-07-07 01:44:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)

... But they also mentioned how the prince does not carry the same love that the people have for
the King.


I had this discussion with a Thai person one time but they were not too willing to take the conversation very far. They were afraid someone would find out they were speaking ill of the prince by internet chat.

But it is definitely the case that the Thai people have no love for the succeeding prince that they have for King Bhumibol.
Audy_RobMaleThailand2010-05-16 21:02:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)

That's apples and oranges compared to what is going on in BKK. HCMC is a very high fraud consulate. This mess in Bangkok probably will be considered "an act of god" or something like that. Jimmy is the expert there. I think he might be a lawyer :)

Bottom line, when they open Wittayu, and it's safe, people will have their interviews. Until then, probably not gonna happen. I think Abhisit and the govt. has had it with them. Currently there is running gun battles on Rama IV, Rajadamri etc. No embassy any where near there is gonna be open, US included.

I think you misunderstood or took the posting out of context. The posting is addressed to Tom of Tom and Teaw and has no relation to the violence in Bangkok. I am referring to one particular case in AP only.
Audy_RobMaleThailand2010-05-16 10:43:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)
To Tom of Tom and Teaw

Sorry to be so dramatic, but there is an interesting thread in the US Embassy and Consulate Discussion Forum. Jim of JimVaPhoung posted his comment after research also and it is still not clear to me that the "law" cited actually has much significance. Please look at the thread.

http://www.visajourn...-visa-issuance/

Clearly the problem of mentioning this with the Embassy is they might just go ahead and Deny the Visa. But it does seem as if all the evidence is collected, they must act within 30 days. The problem is they can say they are waiting for "additional" information.

Quoting JimVaPhoung

[quote]
My take is that the law and FAM are only meant to light a fire under the consulates to get them to process visa applications faster. It says it will be the policy of DoS to process visa applications within 30 days, but it doesn't say they are absolutely required by law to do so, nor what recourse there is if they don't. It just says they have to report to congress annually on how well they are meeting the policy objectives.

You could certainly bring up the FAM and public law next time you talk to a CO, but I don't know if it will get you anywhere.
[/quote/
Audy_RobMaleThailand2010-05-15 23:34:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)
The US Embassy web site already has posted a message they will be closed for Monday May 17. Interviews for Monday are moved to Friday May 21. They are going one day at a time.
Audy_RobMaleThailand2010-05-15 10:39:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)

Beginning of the rice planting season.

Oh cr-p. I can't believe I am missing that.
Audy_RobMaleThailand2010-05-13 01:09:00