ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresdo i need to start worry?
No, I do not think you need to worry. The RFE will add some delay to your processing. I have read that after you respond with the information, they will put you back in the place in line for processing. You were delayed while they sent the RFE and while you sent the RFE.

I think your petition is being adjudicated nor or will very soon. Just be patient and wait a little more time. This is not a reason to worry nor do you need to involve a Congressman.
Audy_RobMaleThailand2010-04-22 16:44:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question
It is the date the petition was submitted. Question 10 is asking if you have ever submitted a visa petition on behalf of anyone. Of course it wants the date that petition was submitted which should be NOA1 date, which in your case seems to be 03/06/10.
Audy_RobMaleThailand2010-04-23 17:28:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 received!
You do not need to fly to New York to enter on a K-1 visa. Any port of entry (POE) can handle the admissionn by a K-1.
Audy_RobMaleThailand2010-04-24 00:25:00
K-1 Fiance(e) Visa Process & Procedureswhat is the police report?
If you have a criminal record, it will show up on the police report.

Some countries do not provide this, such as Mexico. If you are from Mexico, a police report is not required because it is not possible to get one. Also, if you lived in South Korea for a while, you cannot get a police report from there if you are now outside of the country.

But for the most part, yes, every beneficiary at least needs to get a police report from their home country if it is possible.
Audy_RobMaleThailand2010-04-24 00:06:00
K-1 Fiance(e) Visa Process & ProceduresWhat is the fastest way to bring a cute girl I met to US?

... and the marriage must have been consummated...

This seems to be a classic example of government going where they don't belong. Is the consumation of the marriage proof that the marriage is not a fraud for the purposes of immigration or is this a really antiquated standard that does not have any relevance today?

What about an elderly couple marrying or a man that lost his genitalia in a truly tragic accident or even worse, some type of war injury? Does this mean their marriages are invalid or fraudulent.
Audy_RobMaleThailand2010-04-24 00:15:00
K-1 Fiance(e) Visa Process & ProceduresWorried about how much I make affecting visa decision
You weren't very specific, so it is hard to say. But you can figure it out for yourself.

Talking about the USC only now: Does the USC have tax returns for three years since you are self-employed, with a Schedule C filed and hopefully some 1099's showing freelance wages?

Is the yearly amount earned about 125% of the poverty line for two people. The 125% of the poverty line for two people can be found from Form I-864P at the USCIS web site. www.uscis.gov.

About a joint sponsor. I do not know if London routinely accepts a joint sponsor or not. I hope someone that has been through London stops by and answers. For the K-1 visa, which is why you file the I-129F, an Embassy is not required to accept the joint sponsor. There is a posting on VJ right now from a USC with his fiancee in Manila, the Consular Officer refused to accept the I-134 of the joint sponsor mother. But I get the feeling that is unusual.

To accept a large sum of cash and deposit it into your account from whatever source to give the appearance that you are more financially sound then you are in reality could be viewed as an effort to mislead or misrepresent your financial position to a government agency for the purposes of immigration. This cannot and should not be recommended by any member of the VJ community.

Good luck.
Audy_RobMaleThailand2010-04-24 19:10:00
K-1 Fiance(e) Visa Process & Procedureshow do i find out if im above the 125%poverty line?
You can always make sure you have the latest Table by going to the USCIS web site and downloading Form I-864P which is the Table of Income for a certain number of dependents and lists the 125% level. Go to www.uscis.gov, click on Forms and scroll down to I-864P.
Audy_RobMaleThailand2010-04-25 12:21:00
K-1 Fiance(e) Visa Process & ProceduresConfirmation on my marital status
No, you have a certified version which is all you need for now. Submit copies of the divorce decree with the NEW I-129F petition. DO NOT send the version with the seal on it as that is your ORIGINAL.

Also, for the interview at the US Embassy in Bangkok, you will have submitted the copy again when you return Packet 3. But you need to take the ORIGINAL to interview.
Audy_RobMaleThailand2010-04-25 10:58:00
K-1 Fiance(e) Visa Process & ProceduresConfirmation on my marital status
@Southlake - If you do get the K-1 Visa and marry again, you should send the Marriage Certificate to the appropriate Thai Consulate/Embassy to register your marriage in Thailand. You are still married, but it is recommended that you inform them. You can do a search in Google to locate the Embassy or Consulate to use for the US State you live in.
Audy_RobMaleThailand2010-04-24 19:18:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about slightly different I-134
The forms page of the USCIS at www.uscis.gov says the current version is dated 10/30/2008. But the Embassies should accept any prior version.

So go with the form you prefer.

From:
http://www.uscis.gov...00045f3d6a1RCRD


Affidavit of Support I-134 $0 10/30/2008. Prior versions are also acceptable.
Audy_RobMaleThailand2010-04-25 11:19:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent..for K1 in Montreal?

In August 2009 when I had my interview they only wanted the petitioners updated letter of intent not mine(bene)

Maybe the Consulates in Canada are more lenient about this. Most Packet 3's from various Consulates require both Petitioner and Beneficiary. Maybe they will ask Beneficiary at the interview if they still intend to marry Petitioner.
Audy_RobMaleThailand2010-04-22 20:04:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent..for K1 in Montreal?
Yes, you both do need updated Letters of Intent to Marry within 90 days of her entering on the K-1 Visa. Signatures must be original so do not have her take scanned or faxed copies.

They should be addressed to the Department of State at the US Embassy or Consulate in (city where you will interview>.

Definitely does not hurt to be over-prepared

Good luck
Audy_RobMaleThailand2010-04-22 18:59:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and ESOL classes

Ok, I thought I read something about the USCIS frowning upon using any kind of public benefits.

The purpose of the I-134 Affidavit of Support is to ensure that your Fiance(e) will not become a burden on the tax payers using Public Support safety nets such as welfare, medicaid, food stamps, etc... That is what the DOS (Department of State) will check for at the interview stage. A free public community class is highly encouraged to help our newcomers integrate into society and learn our language. It is not a Tax payer paid individual subsidy provided for survival.

Good luck.
Audy_RobMaleThailand2010-04-26 00:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and ESOL classes
Yes, it is fine. It is a good way for your Fiance(e) to meet other people.
Audy_RobMaleThailand2010-04-25 18:50:00
K-1 Fiance(e) Visa Process & Procedurespermission of non custodial parent K-1/K-2

Does anyone have a sample letter that they have used for the non-custodial parent to give permission for the embassy in Kiev (K-2 visa)? I need to prepare one for my step daughter. Her father has said yes but he does not want to be bothered to write it, he wants to just sign and get it notarized.
Thanks!

You will need something quite solid that will hold up to Ukraine law. Ideally you would want a Ukranian lawyer draft a court order granting full custody to the mother with the right to remove the child to the United States permanently.
Audy_RobMaleThailand2010-04-24 00:18:00
K-1 Fiance(e) Visa Process & ProceduresBirth certificate,.,.,.

Do i have to mail the copy of my birth certificate to my fiance in US?or
I will just keep it here for my interview? :help:

The Alien Beneficiariy's (you) birth certificate is not needed for the I-129F petition sent to USCIS. You do not need to send it.

It will be needed by you for the interview stage at the US Embassy in Manila.
Audy_RobMaleThailand2010-04-26 20:17:00
K-1 Fiance(e) Visa Process & ProceduresMexico Question
On the page you are on with the drop down list of countries, ignore the country list and look for the link on the page directly to the DS-156. Click on the link to the DS-156.

It will take you to this link:

http://evisaforms.state.gov/

Go to the bottom of that page and click on:

DS-156: Nonimmigrant Visa Application

Good luck.
Audy_RobMaleThailand2010-04-27 12:23:00
K-1 Fiance(e) Visa Process & ProceduresMore advice required please
Here is the link to the DOS web-site and search down the page for Extending the Petition.

http://travel.state.....html#Extending

It is always reassuring to see the answer written down. Sometimes answers to questions are based solely on what othe rresponses have been by reading the web site for a long time.

Good luck
Audy_RobMaleThailand2010-04-27 12:30:00
K-1 Fiance(e) Visa Process & ProceduresMore advice required please
There is a statement of the DOS (Department of State) web site that says the Consular Officers will automatically extend the NOA2 expiration date. So this does not become an issue of Consulate or Embassy dependent.
Audy_RobMaleThailand2010-04-27 12:03:00
K-1 Fiance(e) Visa Process & ProceduresIs there a time limit to respond to NOA3?
First, Bangkok wants all documents copied and returned as well as all forms, DS-230 Part 1 original, and all other forms in copies.

The extension of the NOA2 Expiration Date is automatic and is stated on the DOS web site under K-1 Visas. It does not hurt to send an email to BOTH Bangkok Embassy email addresses with the subject line:

IV Unit, BNK<your #>, <Thai's last name>

And then in the email let them know you are having trouble obtaining all the documents and would like an extension of the NOA2 Expiration Date. They will grant you an automatic extension and they know you are keeping the petition alive.

Good luck.
Audy_RobMaleThailand2010-04-27 14:40:00
K-1 Fiance(e) Visa Process & ProceduresEmail NOA1?
No, that is not what happens. They go to their bank online and look at the cashed check. On the back of the cashed check is your USCIS petition number which is EAC# for VSC or WAC# for CSC.

Once you have your petition or case number from the cashed check, they can sign up for email or SMS Text updates.

It does not mean you will receive any of those notices and the best method is to always go to the USCIS web site to check your status. I had signed up for email notifications and never received a single one. I just kept checking on line at the USCIS web site and that is how I got the notification.
Audy_RobMaleThailand2010-04-27 16:17:00
K-1 Fiance(e) Visa Process & ProceduresUsing Nickname on letters/cards to Fiance (k1 visa)

... no one could write a letter or send a gift to "My Sweet Dumpling Bear" ... :blush:

Rob: Just a fun little FYI. Thai nicknames come from the belief in spirits. If you call a child by a nickname, then the spirit will be confused and won't be able to find/harm/steal/swap the child. The spirit will be looking for Suchada, but won't be able to find her if everyone calls her Lek. It's the same reason why Thais are very secretive about what time they were born. No spirits and no hexes will be able to come to them. Plus... If you think about it, a Thai name isn't too long or hard to pronounce for Thais any more than Elizabeth is for Americans.

Hi Bears...good to see you around. I didn't know any of this about Thais and the nicknames. I am glad you told me. I will need to talk to Audy about this and ask her if she has been swapped. I know that some Thais are superstitious and worry about "pee" or ghosts. I still have so much to learn.
Audy_RobMaleThailand2010-04-27 17:54:00
K-1 Fiance(e) Visa Process & ProceduresUsing Nickname on letters/cards to Fiance (k1 visa)
I like this question.

My fiancee also goes by a nickname which is Audy. It is not even close to her real first name in Thai. I would say 95% of Thai people use three or four letter nicknames because their Thai names are so long and difficult to pronounce. All of Audy's brothers and sisters have three letter nicknames. So even Thai people speaking Thai to other Thai people use nicknames even in the workplace.

I am sure that at the Thai Embassy they are very aware of this Cultural phenomenon and will ask Audy if her nickname is Audy because that is all I write to her.

I think nicknames will be widely accepted by the Embassies or Consulates.
Audy_RobMaleThailand2010-04-27 15:32:00
K-1 Fiance(e) Visa Process & Proceduresg325a argg
Sine it is a USCIS immigration form, actually Biography to accompany other forms, I always interpret abroad to mean outside the USA. I would not black out anything as I think that is more likely to cause an RFE. Let the USCIS adjudicator realize the error or non-error rather than do something that begs for an RFE.

Yes, neatly pen in the last 0.
Audy_RobMaleThailand2010-02-27 01:35:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Affidavit of Support

I'm trying to figure out the affidavit of support for my fiance and his father. My fiance doesn't make enough to sponsor me on his own, so his father agreed to be the co-sponsor.

I'm a bit confused about who is listed as a dependent.

Does my fiance list me as a dependent, since he's bringing me to the USA? And for my father in law - will he list his wife, youngest son, myself and my fiance as dependents? My fiance is 26 this year, so I'm not sure if that counts...

I feel kind of stupid even asking this, but I just want to make sure we're doing this right. :bonk:

Thanks for the :help: !

Your fiance and his father both need to file an I-134. Separate individual I-134s.

Go to the USCIS web site, click on Forms, then download the I-864 form and instructions. Follow the instructions in the I-864 Form for counting members of the household. I think it is around instructions 21b, 21c, 21d, 21e, etc...

Post in the US Embassy and COnsulate Discussion Forum if you still have trouble.
Audy_RobMaleThailand2010-04-28 13:11:00
K-1 Fiance(e) Visa Process & ProceduresSuper important visa question

I recently deleted my fiancess k-1 petition after it arrived at the embassy. My question is, is there are waiting period before I can file again, or not??????

If you are asking if you can file another I-129F petition because you withdrew support of the first petition, you can file again immediately.

Note you will be subject to the IMBRA rules and regulations for filing two I-129F petitions in a two year period. This requires a waiver but the waiver is not a special form. It is an additional sheet of paper atteched to your new I-129F answering question 11 (I think Q 11) with all information and a short explanation of what happened and why.

I have never heard nor read of this being refused.

Good luck

Edited by Audy_Rob, 28 April 2010 - 01:03 PM.

Audy_RobMaleThailand2010-04-28 13:03:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 question
It wouldn't let me edit my previous posting.

I found this email address under the Listing for the United Kingdom, London...

E-Mail: LondonConsular@state.gov
Audy_RobMaleThailand2010-04-28 13:46:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 question
You need to email the London Embassy specifically. I do not know the email address for them. I only know the email addresses for the Bangkok Embassy.

You can look up at the top of the page and click on "Embassy Info" and locate the London Embassy info. It might be there. Also there are many people from VJ going through London so I would think you can contact other London people.

Someone will tell you this is unnecessary. You do not need to conatct the Embassy. But I did this because we need to delay our Packet 3 on purpose for 3 or 4 months.

Good luck
Audy_RobMaleThailand2010-04-28 13:40:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 question

I read somewhere that there is a time limit on when you have to send the P3 and all related documents to the consulate or you have to file for an extension. I don't remember where I read it and I can't find it in the guides, but it said you only have 3 months to get it sent in. I need to know what the time schedule is, because if this is the case then we are about a month past due and don't know what to do from here. This is bad, very very bad :(

This belongs in the US Embassy and COnsulate Discussion.

The NOA2 you received with your I-129F petition approval has an expiration date of four months after the approval date. This date is routinely and automatically extended by a Consular Officer. This is clearly stated on the DOS web site under the section on K-1 Visas. I can find the link if you want.

You are NOT in any trouble. This is NOT bad.

But to be safe, send an email to the Embassy requesting the Automatic extension of the expiration date listed on your NOA2. This will let them know the petition is still active.

Good luck.
Audy_RobMaleThailand2010-04-28 12:55:00
K-1 Fiance(e) Visa Process & ProceduresSent I-129F and waiting
So it probably means NONE of the following situations apply to your Fiance.

===== From DOS Web site =====
"An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:"

* The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.
* The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.
* The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
===== END DOS Web site =====

In my case, when I married my Ex-wife some years ago, I did not realize her Government paid for her education at the University. So she was subject to the 2 year HRR of the J-1 visa.

Go through the list with the "8" items and apparently your fiance is here for some type of cultural exchange or education that is not covered by the list above.

Save the money, congratulations and good luck.
Audy_RobMaleThailand2010-04-28 18:55:00
K-1 Fiance(e) Visa Process & ProceduresSent I-129F and waiting

Thank youuuu
I am starting right now!!
Do you think I should send it to USCIS as soon as I ~hopefully~ get it? Will that just get confusing? Or should I just wait until USCIS asks me for it and sent/bring it later.

I think it is better to wait and see if you get an RFE because you did not submit the J-1 Waiver. If you send it now, it will be hard to catch up to your case file. I am sure someone else will come along and say NO, send it in. But I am not certain you will get the RFE at this stage.

Good luck.
Audy_RobMaleThailand2010-04-25 21:22:00
K-1 Fiance(e) Visa Process & ProceduresSent I-129F and waiting

Oh No!
I understand. I really really was not aware of this! But he is not allowed to apply for :
H-1B (temporary employment), L-1 (intracompany transfer) or Permanent Residence (Green Card) categories.
What does that mean!? I did not sent any waiver! Do you guys think i can get one and send it in??
Please Help!!!

Hi. Yes, all J-1's require either two years back in the Home Country (Your fiance(e)'s country) or that you have the J-1 waiver.

The J-1 waiver is fairly easy to obtain these days. Your fiance(e), the foreign beneficiary needs to file for a Waiver with the DOS (Department of State). In almost ALL cases they will provide a "No Objection" letter which is the Waiver. It does take some time to obtain. I do not want to say one or two months.

You might receive an RFE from USCIS or the I-129F "might" get approved depending on what USCIS officer chooses to do. You will need the J-1 HRR Waiver at some point in the process. I hope you do not receive a rejection.

Start the waiver process NOW. OK ???
Audy_RobMaleThailand2010-04-25 14:42:00
K-1 Fiance(e) Visa Process & ProceduresSent I-129F and waiting
Just to be sure, doesn't his J-1 have a two year Home Residency Requirement (HRR)? I believe all J-1's do.

Have you gotten the waiver of the J-1's HRR?

Yes, Jim is right. Always provide all information asked for if you have such as Social Security number.
Audy_RobMaleThailand2010-04-25 12:19:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Approved, Next Steps.....

We are just filling out AOS forms and are confused about a few things.....

Originally during our NOA2 we had to fill out the 134 for all the money stuff to show I wouldn't become a public charge etc, now that we've been granted the fiance visa, I'm in the states and we are married, we're filling out our AOS and now have to fill out an 864. We originally sent in the past three years of HIS taxes (2006, 2007, 2008) in order to get this far; we're worried as we just filled out the 2009 and it's lower than the poverty guideline even though he's been running his own business because of tax deductions as well as alimony to his ex wife.

Should we send in all the same information we sent in LAST time with this new 864? Why the change from 134 to 864? If we send in the old documents with the 864, and they say they need more from this year, or that he needs a cosponser, will that mean I have to leave the country if this is taking place while my fiance visa expires (even though we are married)? Would we just have to refile, or get his parents to cosponser?

There is another Forum which is just AOS issues. Other questions would probably get better or faster answers if posted in that forum.

No one here should suggest sending the same taxes as before, 2006, 2007, 2008. You are then hiding known information from the government.

You should include tax forms for the last three years. Include W-2s and 1099s or else order tax transcripts from the IRS. They are free. 2007, 2008, 2009.

If possible, the easiest thing to do in this situation is to get a "joint sponsor" as you suggested. His parents would be fine. Actually just father or just mother.

As a side note, I read in a posting last night by a very senior and respected member that the USCIS switched from I-134 to I-864 in 1996 because the I-134 is not legally enforceable and the I-864 is worded to be legally enforceable. I cannot say if this is true or not.
Audy_RobMaleThailand2010-04-26 13:19:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Approved, Next Steps.....
There are two AOS forums here at VJ. One for Family and marriage based Visas and the other is for travel or student visas. You might want to read the Family based Visa Forum for AOS.

http://www.visajourn...ly-based-visas/
Audy_RobMaleThailand2010-04-26 12:19:00
K-1 Fiance(e) Visa Process & ProceduresCan Fiance apply for Tourist Visa while K-1 is yet to be reviewed?
The information you copied and pasted in here is out of date. The four USCIS service centers have been consolidated into the two for quite a while.

You can apply for the B-2 tourist visa while you have applied for the K-1 visa. It will not impact or hurt the K-1 process. Whether the B-2 Visa is granted or even worse the visa is granted but will she be allowed entry at the POE in the USA is not a good idea to bet on.

There are many questions and very long threads about this question. One is up to 12 pages now. I am including the link to the current thread discussing your question in great detail. PLEASE at least read the first short posting.

http://www.visajourn...-you-can-visit/

Goodluck
Audy_RobMaleThailand2010-04-29 01:11:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Document Question
See instruction 5)d) on page 3 of the I-129F instructions regarding the need to include the alien benefiary's divorce decree.
Audy_RobMaleThailand2010-04-29 01:14:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Document Question

You don't need a divorce decree for your fiancee to file the I-129F, only the USC is required to provide a divorce decree at the time the petition is filed.

Alan

Sorry, this is not right. You both must be eligible to marry at the time you file the I-129F Petition. That is one of the two main purposes of the petition. I think "az" is thinking of the birth certificate which is only required of the USC Petitioner.

You absolutely positively must include the "certified divorce decree" of the alien beneficiary. Otherwise if you answer divorced on the G-325a for the alien fiancee and do not provide the divorcee decree, you will either get an RFE or a rejection.

The divorce decree does not require Peruvian certification at any time UNLESS the US Embassy requires a single certificate and many embassies do not need that. The divorce decree needs to be a certified COPY (not original) meaning it requires a judges, cort official or court clerk's signature and a seal or stamp of some type.

So yes, when your USC fiance has your ENGLISH (from England) divorce decree, that is all that is needed for both the I-129F petition and the US Embassy in Peru.

Good luck.

EDITED to add: Actually the I-129F itself on line 6 requires the beneficiary's marital status. There you will need to check divorced and include the divorce decree.

Edited by Audy_Rob, 29 April 2010 - 01:04 AM.

Audy_RobMaleThailand2010-04-29 01:03:00
K-1 Fiance(e) Visa Process & ProceduresVaulted or unabridged birth certificate?

"a. If the applicant is living in their country of nationality at their current residence for more than 6 months and is 16 years old or older then the applicant needs a police certificate from the police authorities of that locality

b. If the applicant lived in a different country for more than 12 months and was 16 years or older at that time then the applicant needs a police certificate from the police authorities of that locality

c. If the applicant was arrested for any reason, regardless of how long they lived there and was any age at the time then the applicant needs a police certificate from the police authorities of that locality."

I think there is a misunderstanding on your part. You do not necessarily fall under just one category only. You can be required to provide multiple police certificates because of your domicile in multiple locations since the age of 16. Suppose you lived in a country and commited a crime. You need a police certificate under clause "c." Additionally you lived before in a country for more than 12 months without ever having committed a crime and was also over the age of 16. You need a police certificate from that country.

So do not say you must be "b" and exclude the others. More than one can apply.

If you are interviewing at the US Embassy in South Africa, shouldn't you check for their instructions. I am not sure why the London Embassy instructions are being followed even if you are a UK citizen.

Now I deduce two things. Firstly, that the above link is in point of fact my instructions seeing as my "instruction letter" tells me that's where I should find out what to do. Secondly, I am not A. living in my own country of nationality, nor C. arrested for any reason. Thus I must fall under B. lived in a different country for more than 12 months, thus needing a police certificate from that locality.


Reading this again, all three a, b and c could be true for some person under some set of circumstances.
Audy_RobMaleThailand2010-02-03 16:13:00
K-1 Fiance(e) Visa Process & Proceduresaddress headache form g-325a
In the following topic thread, the one pinned to the top of this forum, go to the second posting which is from Stephen + Elisha. Look down in his signature area I believe is a link to G-325a improved pdf or similar. That form allows you to enter longer address fields.

http://www.visajourn...howtopic=220499
Audy_RobMaleThailand2010-02-01 21:19:00