ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)
What happened to TheBears (Kari)? Did she go to Thailand? Is she in hiding or maybe just too busy to post anymore.
Audy_RobMaleThailand2010-05-19 14:03:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)
Link to the Transcript of the US Embassy Town Meeting of Tuesday Evening.

http://bangkok.usemb...al_townhall.pdf
Audy_RobMaleThailand2010-05-18 20:19:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 3 (2009 Thai thread restarted)

We had planned to go downstairs for sushi, they do a pretty good job there, as well.

What's closer to soi 6? The Marriott is on soi 2 across from Ploenchit center (overlooks Nana Hotel and plaza from the back side).

Yes, the Japanese there is also very good and very expensive. Be careful you guys, get home safely.
Audy_RobMaleThailand2010-05-17 15:09:00
K-1 Fiance(e) Visa Process & ProceduresPictures to send with K-1 Visa
I sent three pictures and did write the information you mentioned below each photo. I listed our names, date and location.

We used three photos and were approved. Try to use photos over different days in different places. That way you will (hopefully) be wearing different clothes and try to take the photos at some interesting place so you can write some one phrase about the location and show you and your fiance participating in activities together (outside the hotel room).

Photos over different days is preferred to many more photos but all taken from the same place and time.
Audy_RobMaleThailand2010-03-30 20:59:00
K-1 Fiance(e) Visa Process & ProceduresIts really important a non criminal record?

:bonk: Sorry . .No not like that . . i have to get a new tourist visa each 3 months so i just go out to Hong Kong and Japan in all that time . . and i just want to know if is really important get a certificate that i was a good girl in Korea and i dont have any records there . . i need to show those papers no? Im wrong?

You should think it is important to get those papers. Please check the web site of the US Embassy in Seoul Korea to learn how to send away to South Korea for the police clearance.

Were you found guilty of something in South Korea?
Audy_RobMaleThailand2010-04-03 01:11:00
K-1 Fiance(e) Visa Process & ProceduresIts really important a non criminal record?
While you may not have been in South Korea for 6 consecutive months because you went to Japan for 3 days or other similar events. I think the USCIS and DOS would interpret that as living in South Korea. It is your choice how you fill out the information.

Rather than worry about flying to and entering South Korea again on a Visa of some type why don't you go to the web site of the US Embassy in Seoul and see if they list the address for getting a police certificate. You do not need to go to South Korea if you can write a letter requesting the police certificate.

If the US Embassy web site does not help you here, you could try to email the US Embassy and ask them for an sddress to obtain a South Korean police clearance. Finally you could try searching in English for a SOuth Korean web site that list the agency for issuing police clearances.
Audy_RobMaleThailand2010-04-02 17:19:00
K-1 Fiance(e) Visa Process & ProceduresWorking in home country while on K-1 visa? and I-134 question
He should not be earning money from the time he enters the USA on his K-1 visa until he has received his EAD. The EAD (Employment Authorization Document) will allow him to work legally from the USA. This is applied for after you have married when you apply for AOS. You should apply for AOS, EAD and AP all at once to save time and money.
Audy_RobMaleThailand2010-04-04 00:02:00
K-1 Fiance(e) Visa Process & ProceduresFilling Out Forms...

For the employment history - it's pretty impossible to get the addresses to fit in those tiny boxes! I wrote in the box "see additional sheet attached" and attached an additional sheet to the form with all my work details. it is fine to do this. Just remember to write on the top of any additional sheet, your name, petitioner's name, form and question number.

Each additional sheet must also be signed and dated by the Petitioner submitting the petition.
Audy_RobMaleThailand2010-03-29 15:09:00
K-1 Fiance(e) Visa Process & ProceduresFilling Out Forms...

On the actual form, under the section that asks how you are a US citizen. There's a box that asks for that information under the check boxes for "Birth" and "Naturalization". Maybe I'm interpreting it wrong?

Oh, I see. Yes, you are interpreting Question 10 incorrectly. The certificate number and date and place of issue is ONLY if you acquired your citizenship through Naturalization. In your case and my case as well, just check the box "Birth in the U.S."

They are not asking for the Birth Certificate number, date and place of issue.
Audy_RobMaleThailand2010-03-28 22:19:00
K-1 Fiance(e) Visa Process & ProceduresFilling Out Forms...

For the I-129f, it asks for my birth certificate number and date.

Where does it ask for the Birth Certificate Number and Date. I only see in the I-129F instructions where it asks for a copy of your birth certificate front and back.

"3. What Documents Do You Need to Show That You Are a U.S. Citizen?
A. If you were born in the United States, give USCIS a copy, front and back, of your birth certificate."
Audy_RobMaleThailand2010-03-28 22:10:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?

I'm mystifed by these responses.

Which responses mystify you. The one that says she is correct. Forget about Morocco and just make sure she has a good legal certificate from her country. Why is it mystifying.

Making sure her documentation from Japan regarding the divorce is exactly what USCIS and DOS will want to see to make sure the divorce has been granted.

She is Japanese and does not know what to do. She is worried. She is entitled to ask if the status of the marriage in a third country matters. The answers are fine. Your posting is the only one that is mystifying.

Edited by Audy_Rob, 02 April 2010 - 05:05 PM.

Audy_RobMaleThailand2010-04-02 17:03:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?

In the process to get K-1 visa, all paper needed to show I'm legally free to marry, is FROM MY COUNTRY.
So it doesn't matter if I may be still married in his county's law?

You are right Tomoka. You must show that you obtained a divorce from your husband and it is a legal divorce in your country. Do not worry about Morocco.

The divorce decree should have a Seal (colored stamp) and a signature but I know Japan uses a "hanko" instead of a signature. So it should be OK. You must send a copy of the Japanese divorce decree (certificate) and an English translation with the I-129F petition to show you are legally able to marry. DO not send the original divorce decree with the I-129F. Take the original and a copy to the Interview at the Embassy.

Besides being divorced there is a little more to the law about being able to marry. You need to be old enough to marry in the US State that you will marry your US fiance. I think you are old enoughh if you have married and divorced before.
Audy_RobMaleThailand2010-04-02 14:11:00
K-1 Fiance(e) Visa Process & ProceduresDoes My Fiance Need Her Old Marriage Certificate?
You are exactly right. If she changed her name on the basis of that previous marriage, then yes she will need the marriage certificate for which she changed her name. She should have it translated or she can do it herself if she is comfortable with the English language as well as Russian/Ukranian.
Audy_RobMaleThailand2010-04-04 21:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about the Affidavit of Support
Your Aunt could be a joint sponsor. Some Consulates do not look favorably on a joint sponsor.

You bothh need to fill out completely the I-134 separately submitting your own versions. In the form you would list your job and income which might be full-time student with no income.
Audy_RobMaleThailand2010-04-03 23:52:00
K-1 Fiance(e) Visa Process & ProceduresReplying for K1 for the second time

wow only 5 weeks? That fast huh? OK, when I am ready to file another one I will include a waiver with it but not really sure what Waiver is hehe.. :D :D

The waiver is nothing but a statement of the facts and circumstances. The facts of the petition being filed for whom on what date and the A#. The outcome of the petition and the Visa process. The visa was used but there was no marriage. The beneficiary returned home. You may or may not want to explain why there was no marriage. That is the part I am not sure about.
Audy_RobMaleThailand2010-04-05 23:01:00
K-1 Fiance(e) Visa Process & ProceduresReplying for K1 for the second time

This would not apply to the OP - the original I-94 has long since expired. Long-story-short, the Embassy/Consulate would not re-validate/reissue the visa in this case.

Oh, yes, you are right, I am sorry. Or if the circumstances still held, it would only have 1 day of validity. So must re-start no matter what. But numbers 1 and 2 still hold.
Audy_RobMaleThailand2010-04-04 10:15:00
K-1 Fiance(e) Visa Process & ProceduresReplying for K1 for the second time
There was a thread posted in this forum last week about a foreign fiancee that needed to return to Thailand before they had a chance to marry. Some type of family situation. Then the question was can they ask the Embassy to reissue the K-1 Visa. A lawyer posted an article he wrote about how to get the Embassy to reissue the visa. I am not sure that applies in this case as there was no emergency and the fiance used 89 of 90 days.

1) You do not need to wait to reapply for the I-129F petition.

2) Technically you need to request a waiver because of question 11. The waiver is not a formal process with its own separate form. Just expand on question 11 explaining the situation briefly, not in great detail and state that you are now ready to move.
Audy_RobMaleThailand2010-04-04 10:04:00
K-1 Fiance(e) Visa Process & ProceduresHow long do you have to enter the US once you are approved for the K-1 Fiance Visa?
I know you can ask the US Embassy in Bangkok to set a later date. Actually you do not even send in your letter requesting an appointment which is how it works with the Bangkok Embassy.

But there is an expiration date on the NOA2. It is normally just a formality for the Embassy to extend the date for which the I-129F petition is good. So be sure to email the Embassy and request an extension for your I-129F Valid date.

Then you do not need to request your appointment until a little later on. You can probably delay at least six months reasonably. I am sure even longer.
Audy_RobMaleThailand2010-04-05 22:57:00
K-1 Fiance(e) Visa Process & ProceduresHere are some sample cases of denial and approval for K-1's
I think in the first case there is the problem of how she will get to the interview at the Embassy but additionally won't her family prohibit her from traveling even if she does get the Visa?
Audy_RobMaleThailand2010-03-25 15:05:00
K-1 Fiance(e) Visa Process & ProceduresSSDI an income?

Hello just want to ask is Social Security Disabilty Income(SSDI) consider as income and will be reflected in annual Income tAx? its about $25,500.00 a year($2000+ per month))..will this be okay and safe for 125% poverty minimum for 2 people? plus w/ lets say $23,000.00 savings..will be safe already? what are the next steps to prepare once you got your Noa2?jst preparing in advance.

Wait SSDI might be viewed as Government Support since it is disability income. In that case it is at the discretion of the Consulate as to whether it is viewed as income, it can be excluded.
The consulate needs to determine the likelihood that the beneficiary will become a Public Charge.
*** Please see the following closely related thread ***
http://www.visajourn...818-co-sponser/


A very complete and lengthy post has been written there by a highly respected member of the VJ community.
Audy_RobMaleThailand2010-04-05 23:25:00
K-1 Fiance(e) Visa Process & ProceduresConfused about Fees - Canada
The basic Visa application fee you listed with the DS-156 is currently $131 and is planned to go up to $350 when your Consulate/Embassy figures out how to implement the increase. You would have to watch the Embassy web site I think.

Also I know vaccinations and immunizations vary with each Consulate but your fiance(e) might be required to obtain some vaccinations before or during the medical if they did not keep their records. That could increase your costs. Even if the Embassy does not require it, in some cases it is a considerable amount but still less expensive then waiting to do it for AOS here in the USA.
Audy_RobMaleThailand2010-04-07 14:43:00
K-1 Fiance(e) Visa Process & ProceduresFlight transfer in US while waiting on K1
Yes, this is really confusing because I know for a FACT that all incoming flights from Canada go to the Domestic terminals. This means her plane (Air Canada, Alaska Airlines, American, United, etc...) will go to the DOMESTIC terminals in San Francisco. This is because all flights from Canada to the USA have passengers pre-screened in the Canadian city going to the USA city. So in the case of SFO, there is no transfer hallway as there are in LAX and JFK and ORD. She would be screened for entry into the USA.

I do not know about LAX, etc... Actually I just learned this recently about flights from another country to the USA connecting through Canada. The immigration point of entry is in the Canadian city with the connecting flight to the USA such as Vancouver. Someone on VJ was coming from Seoul or Tokyo to Vancouver to Chicago (ORD) or something similar. The US POE city is Vancouver as all Canadian flights to the US go through immigration in Canda. It isn't really pre-screening, it is the one and only screening.
Audy_RobMaleThailand2010-03-28 23:20:00
K-1 Fiance(e) Visa Process & ProceduresTranslation of Supporting Evidence

Hi,

I understand that generally speaking any documentation submitted to UCSIS has to be translated to English. I'm wondering if this rule is hard and fast for supporting documents or if it really only applies to those which are specifically required. On my most recent trip to visit my fiancee in Colombia, which is the one I'm using to meet the 'within two years' requirement, we traveled together from Bogota where she lives to Letecia, to spend a week in the Amazons. One of my strongest pieces of supporting evidence of our having been together is our boarding passes which show us sitting next to each other on the flights to and from Leticia. As these are domestic flights, obviously they are in Spanish. Is it really necessary to translate something like this? I can't imagine that it wouldn't be clear to anyone regardless of whether they spoke Spanish or not.

Thanks in advance.

-rs1971


In general I agree with you. But you might ask yourself;
1) How much trouble is it to translate the boarding passes? AND
2) How much trouble and delay is an RFE?

You can mount the boarding passes to a piece of paper and write on the paper the translation for seat, aisle, date, from, to, etc...
Audy_RobMaleThailand2010-04-07 17:46:00
K-1 Fiance(e) Visa Process & ProceduresTravel while K-1 is in process
You got a very good response from the DOS and less reputable responses from Customs/ICE and the USCIS.

A B-1/B-2 visa does not guarantee admission by the CBE at the POE. She could be rejected if the I-129F petition shows up when she tries to enter.

This question is often asked and most members know there is a risk. That said, many people go ahead and take the risk, particularly people from VWP countries.
Audy_RobMaleThailand2010-04-07 20:02:00
K-1 Fiance(e) Visa Process & ProceduresWow, it's over and done
It is good to see love endures all the delays and hardships but it is hard to believe people should have to go through these kinds of problems in the first place.

Congratulations with the next steps in your new life.
Audy_RobMaleThailand2010-04-02 12:29:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

No. The only additional person being added to the household size of ANY sponsor (primary or co-sponsor) is the beneficiary. When you calculate your household size, you include yourself and your dependents and your fiance. When your co-sponsor calculates their household size, they includes themselves and their dependents and your fiance.

The affidavit of support does NOT make a co-sponsor financially responsible for the petitioner and/or their dependents. It only makes them responsible for the beneficiary, which is after all whom they are sponsoring.


And dependents of the foreign beneficiary which are being brought over under derivative Visa status, if any. Isn't that correct Jim?
Audy_RobMaleThailand2010-04-07 17:17:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

For clarity, that should be 125% above the poverty guideline for that number of dependants.

You can find that figure by downloading the following form:
http://www.uscis.gov...00045f3d6a1RCRD


Yes, thank you Tracy. It certainly is not clear. It was meant to be, "earns 125% of the poverty line..."
Audy_RobMaleThailand2010-04-07 14:57:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

Hello everybody!!! I have a really really big problem and I'm not sure what to do. I applied for a k1 alien fiance petition for my TURKISH fiance. My petition has been approved, and the American Embassy in Ankara (Turkey)sent me an email today saying that they have received my approved petition. They have asked me for an I-134 form affidavit of financial support and supporting documents such as my W2 for last year's taxes. Now the problem is that I AM NOT ELIGIBLE. Taxes of 2009 I only made about $2500, I have been employed in my father's business for about 6 years now, and unluckly last year work was very very scarce. Another problem I have is that my father can't co-sponse since as I said, his company made very very little money last year, he is not eligible either. Here are my questions:

1.could a friend of mine be my Co-sponsor??? and HOW MUCH would he or she need to have made in last year's tax to be eligible (if he or she is single and has no dependents). What if my friend lives in a state different from where i live, can she still sponsor him???

2.A friend of mine who prepares forms like these for alien fiances told me that I could send my W2 form (which was only $2500) and my current earnigs (my dad's company is doing great now) which are $15 per hour 40 hrs a week around $600 per week, $2400 a month ... a letter from my company, and a job offer for my fiance.

I am seriously panicking now ... i have no idea of what to do PLEASE PLEASE HELP!!!!!!!!!!!!


1) Your friend can be a joint sponsor if they are a US citizen or LPR (resident). It is OK if they live in another state. She needs to earn 125% of the total number of her dependents plus two (you and your fiance(e) plus your additional dependents like a child from a previous marriage of either of you.) She has to cover 125% of the total number of dependents involved.

2) I don't believe they will consider the job offer for your fiancee. There is no guarantee she will be hired and so on. You could send your current letter of employment, about six months of pay stubs (maybe less) and three years of tax records or transcripts. They might accept that. It depends on the Consulate.
Additionally if you have assets such as cash in a bank account or stocks and bonds you can use evidence of the assets to cover a short fall in income.

Good luck.
Audy_RobMaleThailand2010-04-07 14:51:00
K-1 Fiance(e) Visa Process & ProceduresHelp with Notice of Action
I am not sure that this is what you are doing, but for 4 or 5 days I was using the Automated response system at NVC and it kept saying they had no record of my file. Someone posted here that you need to speak to an operator in person for the K-1 petition to find out when it got to the NVC and when it would be forwarded to the Consulate/Embassy.

Maybe that is obvious to everyone but I thought I would just mention it. When I spoke to the operator they had already received it and were forwarding it that same day.

Good luck.
Audy_RobMaleThailand2010-04-07 14:55:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Delay

Excellent information! The first case does appear to have a lot of elements in common with the OPs and provides a good path for him to follow. It seems like USCIS could actually be using the first case as a guideline as well since they have not yet denied the application but it is still undergoing background checks - which in this case sounds like a good thing as they would not be continuing background checks if it had been established that they would deny the application for failure to meet in person within two years prior to filing.

It really is important to provide a lot of evidence to establish the circumstances - something the first case did and the second case failed to do with the resultant approval for the first case and denial for the second.

Thanks for providing the link Nik + Heather.

It seems irrelevant as you allude to. The RFE was a long time ago and they have since requested Biometrics. From the very first posting he has stated USCIS wrote that they are continuing a Background investigation which really seems like it is unrelated to the issue of whether they have previously met in person.
Audy_RobMaleThailand2010-04-06 20:01:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Delay

Wait. You are a USC, and were required to submit biometrics after receiving an RFE for failure to prove you met in the last two years?

It would seem likely that the Biometrics were taken to assist in the background check which is exactly what was stated as requiring additional time. While USCIS might be considering the RFE and issue of not having met in the two years before filing the I-129F, it seems very clear based on the OP's very first posting that the USCIS is saying they have not completed an investigation of the petitioner's background and the need for Biometrics is consistent with that.
The need for Biometrics is not consistent with the requirement that you have met your fiancee in the past two years nor requesting a waiver of that on the basis of extreme hardship.

Edited by Audy_Rob, 06 April 2010 - 03:29 PM.

Audy_RobMaleThailand2010-04-06 15:29:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Delay
This seems to be exceptionally long even considering you had an RFE. I think they are telling you the truth and that this is going through an extensive background check possibly because of the country the fiancee is from. It is remotely possible a phone call or letter from a Congressman's office would help expedite this matter but I cannot be certain again because of the countries involved.

Good luck.
Audy_RobMaleThailand2010-04-05 17:18:00
K-1 Fiance(e) Visa Process & ProceduresCannot Get Marriage Certificate From Past Marriage
1) It is on the registry's letterhead, has a seal and a signature. That is very good. It will work fine.

2) Only send in the COPY of that document and keep the "original" for use again with the DS-156K and make sure she brings it to the USA.

3) She or you will need to translate it or you can pay for a professional translation (it does not matter) to send to the USCIS for the I-129F. If it is in Russian or Ukranian the USCIS might not accept it. Please see that you have a translation.

Good luck
Audy_RobMaleThailand2010-04-09 13:17:00
K-1 Fiance(e) Visa Process & ProceduresBackground Check

... then they could STILL be an axe murderer, and STILL have the petition approved.

The other advice about the beneficiary knowing about this stuff is solid. It could very well come up at the interview, and she'll be expected to know about it.


...axe murderer... :wow:

Jim's responses are always so well-informed and make for a very interesting read.
Audy_RobMaleThailand2010-04-10 23:42:00
K-1 Fiance(e) Visa Process & ProceduresPolice check in Sydney....and South Korea
The link does not load.

Are you saying since the South Korean police do not make police certificates available to people outside of Korea the US is forced to not require them in that one particular instance.

Maybe the full link can be posted and not shortened or I will go search DOS.
Audy_RobMaleThailand2010-04-06 15:05:00
K-1 Fiance(e) Visa Process & ProceduresPolice check in Sydney....and South Korea
If I understand your posting, you lived in Korea more than 6 months after reaching the age of 16. So if that is the case, then yes, you need a police certificate from South Korea.
Audy_RobMaleThailand2010-04-06 14:13:00
K-1 Fiance(e) Visa Process & Procedureswant to apply for k1 visa but just got divorced
In general there is no problem being divorced and then getting engaged soon after and petitioning for your fiance(e).

As long as you meet the two important requirements USCIS will not have a problem approving the petition. You are a US Citizen, US National or US Naturalized citizen. And you have met your fiance(e) in the two years prior to filing the petition.

However some other problems might arise at the US Embassy interview stage.

Many members have posted meeting their fiance(e) before the divorce was completed and then having to wait for the divorce process to complete before filing their petition. They have been approved and gotten the visa at the embassy.

But there have been occasional issues that have some unusual circumstances that have caused some fiance(e)s to be denied the visa after the interview process.

One member currently with his fiancee in AP (administrative processing) after the interview might be because he was married to an alien fiancee, met his current fiancee, divorced the first alien fiancee and in the same month became engaged to his current alien fiancee.

There are some cases that actually are complicated after a little further study in which maybe filing a petition immediately in succession with the divorce will be frowned upon or even rejected at the Consular stage.
Audy_RobMaleThailand2010-04-11 00:09:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 Preparation

I just got my transcripts in the mail today. Do I need to include the cover letter from the IRS in addition to the actual transcripts? Also, are copies all right for the AOS?

Another question I had is that is it necessary to translate the e-mails, etc that are used as part of the 'proof of relationship'? I figure if I do have to translate again, I'd best encourage my fiancee to write more in English and save me some extra work. :wacko:


It is normal to leave emails, chat records etc... in either English or the native language where the Embassy is located meaning Japanese would be acceptable for an interview in Tokyo. However if your fiancee were interviewing in Seoul, Korea than it should be in English and no Japanese.


For anything you will need in the USA for the purposes of AOS after you marry, the document must be translated in to English, no other language, such as your fiancee's birth certificate or a name change document or divorce decree etc...

Good luck.
Audy_RobMaleThailand2010-04-10 23:34:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 Preparation

Thanks for the information; we'll get started ASAP. One question I had though was about the tax transcript. I don't see this on the I-134 instructions. Do you mind pointing me to where I can find more information about this (basically the requirements that they'll be expecting)? Thank you! :thumbs:

Instead of providing your own copy of the tax return with W-2's, you can provide a transcript. The requirements vary with the Consulate/Embassy. If you are filing the I-134 and meet the income requirements you should provide at least one of the most recent years tax records. Three years transcripts is the most they would ever ask for and is very safe way to go.

From:
http://www.irs.gov/t....html?portlet=1

You can obtain a free transcript by calling 800-829-1040 and following the prompts in the recorded message or by completing and mailing a request for a transcript to the address listed in the instructions.
Audy_RobMaleThailand2010-04-05 13:05:00
K-1 Fiance(e) Visa Process & ProceduresDenied in other contry

:help: im the beneficiary and i dont was charged with nothing , just they ask me about the job and who give to me , they said "just we need your help , answer some question and we let you go" and they did and my fiancce is coming this friday for start with this application :yes:


I don't believe I see any problem or issue here. There was no crime committed or reported. You were not denied entry into the USA. You were denied entry into South Korea. So you do not report that anywhere. The US is only interested in US Visas you applied for, US Visas were granted, US Visas denied, US Visas revoked and US Entries both allowed and denied.

You have nothing to report, nothing to list. You will be fine.

Good luck.
Audy_RobMaleThailand2010-04-12 18:02:00